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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


aled) 
) 


td) 


628b 
628e 


1203 

1374  (new) 


THE 


PENAL  CODE 


THE 

PENAL  CODE 

OP   THE 

STATE  OF  CALIFORNIA. 

ADOPTED  FEBRUARY  14,  1872. 

WITH  AMENDMENTS  UP  TO  AND  INCLUDING  THOSE 

OF  THE  FORTY-FIRST  SESSION  OF  THE 

LEGISLATURE,  1915. 

EDITED  BY 

JAMES  H.  DEEEING, 

Of  the  San  Francisco  Bar. 


LEGISLATIVE  HISTORY  BY 

CHARLES    H.    FAIRALL, 

AUTHoa  OF  faieall's  criminal  law  and  procedure. 


SAN  FRANCISCO: 

BANCROFT-WHITNEY  COMPANY, 
1915. 


5 


Copyright,  1915 
BANCROFT-WHITNEY  COMPANY 


San  Francisco 

The  Filmer  Brothers  Electrotype  Company 
Typogeaphebs  and  Stereotypers 


SUMMARY  OF  CONTENTS. 

CONSTITUTIONAL  PROVISIONS.      (Pages  xiii-xv.) 
TITLE  OF  THE  ACT.     §  1. 
PRELIMINARY  PROVISIONS.     §§  2-24. 
PART  I.     CRIMES  AND  PUNISHMENTS.     §§  26-681. 
XL     CRIMINAL   PROCEDURE.     §§  681-1570. 
TIL     STATE    PRISONS    AND    COUNTY   JAILS.     §§  1572-1616. 


PART  I. 

CRIMES  AND  PUNISHMENTS. 

Title  I.     Persons  Liable  to  Punishment  for  Crime.     §§  26-28. 
II.     Parties  to  Crime.     §§  30-33. 

III.  Offenses  against  the  Sovereignty  of  the  State.     §§  37, 

38, 

IV.  Crimes  against  the  Elective   Franchise.     §§  40-64b. 

V.     Crimes  by  and  against  the  Executive  Poaver  of  the  State. 
§§  65-77. 
VI.     Crimes  against  the  Legislative  Power.     §§  81-89. 
VII.     Crimes  against  Public  Justice.     §§  92-185. 
VIII.     Crimes  against  the  Person.     §§  187-259. 

IX.     Crimes  against  the  Person  and  against  Public  Decency 

AND  Good  Morals.     §§  261-367e. 
X.     Crimes  against  the  Public  Health  and  Safety,     §§368- 
402e. 
XL     Crimes  against  the  Public  Peace.     §§403-421. 
XII.     Crimes  against  the  Revenue  and  Property  of  This  State, 
§§  424-443. 
XIII.     Crimes  against  Property.     §§  447-593a. 
XIV.     Malicious  Mischief.     §§  594-625a. 
XV.     Miscellaneous  Crimes,     §§  626-653e. 
XVI.     General  Provisions.     §§  654-681. 

TITLE  I, 
PERSONS  LIABLE  TO  PUNISHMENT  FOR  CRIME.     §§  26-28 

TITLE  II. 

PARTIES   TO   CRIME.     §§  30-33. 


TITLE  III. 

OFFENSES    AGAINST    THE   SOVEREIGNTY    OF    THE    STATE. 

§§  37,  38. 

(V) 


VI 


SUMMARY    OP    CONTENTS. 


TITLE  IV. 
CRIMES   AGAINST    THE    ELECTIVE    FRANCHISE.     §§  40-64b. 

TITLE  V. 

CRIMES  BY  AND  AGAINST  THE  EXECUTIVE  POWER  OF  THE 
STATE.     §§  65-77. 

TITLE  VI. 

CRIMES  AGAINST  THE  LEGISLATIVE  POWER.     §§81-89. 

TITLE  VII. 

CRIMES  AGAINST  PUBLIC  JUSTICE. 

Chapter  I.  Bribery  and  Corruption.     §§92-100. 

II.  Rescues.     §§  101,  102. 

III.  Escapes,  and  Aiding  Therein.     §§  105-111. 

IV.  Forging,  Stealing,   Mutilating,  and  Falsifying  Judicial  and 
Public   Records  and  Documents.     §§  113-117. 

V.  Perjury  and  Subornation  of  Perjury.     §§  118-129. 
VI.  Falsifying   Evidence.     §§  132-138. 

VIL     Other  Offenses  against  Public  Justice.     §§142-181. 
VIII.     Conspiracy.     §§  182-185. 

TITLE  VIII. 

CRIMES  AGAINST  THE  PERSON. 

Chapter  L  Homicide.     §§  187-195. 

IL  Mayhem.     §§  203,  204. 

IIL  Kidnaping.     §§207-209. 

IV.  Robbery.     §§  211-214. 

V.  Attempts  to  Kill.     §§  216-219. 

VI.  Assaults  with  Intent  to  Commit  Felony,  Other  than  Assaults 

with  Intent  to  Murder.     §§  220-222. 
VIL     Duels   and   Challenges.     §§  225-232. 
VIIL     False  Imprisonment.     §§236,  237. 
IX.     Assault  and  Battery.     §§  240-246. 
X.     Libel.     §§  248-259. 


TITLE  IX. 

CRIMES     AGAINST     THE     PERSON     AND     AGAINST     PUBLIC 
DECENCY  AND  GOOD  MORALS. 

Chapter  I.     Rape,  Abduction,  Carnal  Abuse  of  Children,  and  Seduction 
§§  261-269b. 
II.     Abandonment  and  Neglect  of  Children.     §§  270-273h. 
IIL     Abortions.     §§  274,  275. 
IV.     Child-stealing.     §§  278. 

V.     Bigamy,  Incest,  and  the  Crime  against  Nature.     §§  281-288. 
VI.     Violating  Sepulture  and  the  Remains  of  the  Dead.     §§  290- 
297. 


SUMMARY    OF    CONTENTS. 


Vll 


VII.     Crimes  against  Eeligion  and  Conscience,  and  Other  Offenses 
against  Good  Morals.     §§  299-3101/2. 
VIII.     Indecent  Exposure,  Obscene  Exhibitions,  Books  and   Prints, 
and  Bawdy  and  Other  Disorderly   Houses.     §§  311-318. 
IX.     Lotteries.     §§  319-326. 
X.     Gaming.     §§  330-337a. 
XI.     Pawnbrokers.     §§  338-344. 
XII.     Other  Injuries  to  Persons.     §§  346-367e, 


TITLE  X. 

CEIMES  AGAINST  THE  PUBLIC  HEALTH  AND  SAFETY. 

§§  368-402e. 

TITLE  XL 

CRIMES   AGAINST    THE   PUBLIC   PEACE.     §§403-421. 

TITLE  XII. 

CRIMES   AGAINST    THE   REVENUE    AND   PROPERTY   OF   THIS 
STATE.     §§  424-443. 


TITLE  XIII. 

CRIMES  AGAINST  PROPERTY. 

Chapter  I.     Arson.     §§  447-455. 

II.     Burglary  and  Housebreaking.     §§  459-463. 

III.  Having  Possession  of  Burglarious  Instruments  and  Deadly 

Weapons.     §§  466,  467. 

IV.  Forgery  and  Counterfeiting.     §§  470-482. 
V.     Larceny.     §§  484-5021/2. 

VI.     Embezzlement.     §§  503-514. 
VII.     Extortion.     §§  518-526. 
VIII.     False  Personation  and  Cheats.     §§  528-538b. 

IX.     Fraudulently  Fitting  Out  and  Destroying  Vessels.     §§  539- 
5431/2. 
X.     Fraudulently    Keeping    Possession    of    Wrecked    Property 
§§  544,  545. 
XL     Fraudulent   Destruction   of   Property   Insured.     §§  548,   549. 
XII.     False  Weights  and  Measures.    §§  552-556. 
XIII.     Fraudulent  Insolvencies  by  Corporations,  and  Other  Frauds 

in   Their  Management.     §§  557-573. 
XIV.     Fraudulent    Issue    of    Documents    of    Title    to    Merchandise. 
§§  577-583. 
XV.     Malicious  Injuries  to  Railroad  Bridges,  Highways,  Bridges, 
and  Telegraphs.     §§  587-593a. 


TITLE  XIV. 

MALICIOUS  MISCHIEF.     §§  594-625a. 


Vm  SUMMARY    OF    CONTENTS. 

TITLE  XV. 

MISCELLANEOUS  CRIMES. 

Chapter  I.     Violation   of   the   Laws   for   the   Preservation   of   Game   aiu 
Fish.     §§  626-637f. 
II.     Other   and  Miscellaneous   Offenses.      §§  638-653e. 

TITLE  XVL 
GENERAL  PROVISIONS.     §§  654-6S1. 


PART  II. 

CRIMINAL  PROCEDURE. 

Preliminary  Provisions.     §§  681-689. 
Title  I.     Prevention  of  Public  Offenses.     §§  692-734. 

II.     Judicial  Proceedings  for  the  Removal  op  Public  Officers 
BY  Impeachment  or  Otheravise.     §§  737-772. 

III.  Proceedings  in   Criminal  Actions   Prosecuted  by   Indict- 

ment,  to    the    Commitment,    Inclusive.     §§  777-883. 

IV.  Proceedings   afi'er   Commitment   and   before    Indictment. 

§§  888-93.7. 
V.     The  Indictment.     §§  940-972. 
VI.     Pleadings  and  Proceedings  after  Indictment  and  before 
THE  Commencement  of  the  Trial.     §§  976-1053. 
VII.     Proceedings  after  the  Commencement  of  the  Trial  and 
BEFORE  Judgment.     §§  1055-1188.. 
VIII.     Judgment  and  Execution.     §§  1191-1230. 

IX.     Appeals  to  the  Supreme  Court.     §§  1235-1265. 

X.     Miscellaneous  Proceedings.     §§  1268-1423. 
XI.     Proceedings  in  Justices'  and  Police  Courts  and  Appeals 
to  Superior  Courts.     §§  1425-1470. 
XII.     Special  Proceedings  of  a  Criminal  Nature.     §§  1473-1564. 
XIII.     Proceedings    for    Bringing    Persons    Imprisoned    in    the 
State  Prison,  or  the  Jail  of  Another  County,  before  a 
Court.     §  1567. 
XIV.     Disposition  op  Fines  and  Forfeitures.     §  1570. 

PRELIMINARY  PROVISIONS.     §§  681-689. 

TITLE  I. 

PREVENTION   OF  PUBLIC   OFFENSES. 

(  liapter  I.     Lawful  Resistance.     §§692-694. 

II.     Intervention  of  the  Officers  of  Justice.     §§  697,  698. 
III.     Security   to   Keep   the   Peace.     §§  701-714. 
IV.     Police  in   Cities  and  Towns,  and  Their  Attendance  at  Ex- 
posed Places.     §§  719,  720. 
V.     Suppression   of   Riots.     §§  723-734. 


SUMMARY   OF    CONTENTS.  IX 

TITLE  II. 

JUDICIAL    PROCEEDINGS    FOR    THE    REMOVAL    OF    PUBLIC 
OFFICERS   BY   IMPEACHMENT   OR   OTHERWISE. 

Chapter  I.     Impeachments.     §§  737-753. 

11.     Removal  of  Civil  Officers  Otherwise  than  by   Impeachment. 
§§  758-772. 

TITLE  III. 

PROCEEDINGS   IN   CRIMINAL   ACTIONS   PROSECUTED   BY   IN- 
DICTMENT  TO   THE   COMMITMENT,   INCLUSIVE. 

Chapter  I.  Local   Jurisdiction   of   Public   Offenses.     §§  777-795. 

II.  Time   of   Commencing   Criminal   Actions.     §§  799-803. 

III.  The  Information.     §§  806-810. 

IV.  The"  Warrant   of  Arrest.     §§  811-829. 

V.  Arrest,  by  Whom  and  how  Made.     §§  834-851. 

VI.  Retaking  after  an  Escape  or  Rescue.     §§  854,  855. 

VII.  Examination  of  the  Case,  and  Discharge  of  the  Defendant, 
or  Holding  Him  to  Answer.     §§  858-883. 

TITLE  IV. 

PROCEEDINGS    AFTER    COMMITMENT    AND    BEFORE    INDICT- 
MENT. 

Chapter  I.     Preliminary  Provisions.     §§  8S8-S90. 

II.     Formation  of  the  Grand  Jury.     §§  894-910. 
III.     Powers    and   Duties   of    a   Grand    Jury.      §§  915-930. 
IV.     Presentment   and   Proceedings    Thereon.     §§  931-937.     [Re- 
pealed.] 

TITLE  V. 

THE   INDICTMENT. 

Chapter  I.     Finding   and   Presentment   of   the   Indictment.     §§  940-945. 
II.     Rules  of   Pleading  and   Form   of   the   Indictment.     §§948- 
972. 

TITLE  ^^I. 

PLEADINGS    AND    PROCEEDINGS    AFTER    INDICTMENT    AND 
BEFORE   THE  COMMENCEMENT  OF  THE   TRIAL. 

Chapter  I.     Arraignment   of   the   Defendant.     §§976-990. 
II.     Setting  Aside  the  Indictment.     §§  995-999. 
III.     Demurrer.     §§  1002-1012. 
IV.     Plea.     §§  1016-1025. 
V.     Transmission  of  Certain  Indictments  from  the  County  Court 
to  the  District  Court  or  Municipal  Criminal  Court  of  San 
Francisco.     §§  1028-1030. 
VI.     Removal  of  the  Action  before   Trial.     §§  1033-1038 
VIL     The  Mode  of  Trial.     §§  1041-1043. 
VIII.     Formation  of  the  Trial  Jury  and  the  Calendar  of  Issues  for 
Trial.     §§  1046-1049. 
IX.     Postponement  of  the  Trial.     §§  1052.  1053. 


X  SUMMARY    OF   CONTENTS. 

TITLE  VI r. 

PKOCEEDINGS  AFTER  THE  COMMENCEMENT  OF  THE  TRIAL 
AND  BEFORE  JUDGMENT. 

Chapter  T.     Cliallcnging  the  Jury.     §§  1055-1089. 

II.  The  Trial.     §§  1093-1131, 

III.  Conduct  of  the  Jury  after  the  Cause  is  Submitted  to  Them. 

§§  1135-1143. 

IV.  The  Verdict.     §§1147-11037. 

V.  Bills  of  Exception.     §§  1170-1177. 
VI.     New  Trials.     §§  1179-1182. 

VII.     Arrest   of  Judgment.     §§  1185-1188. 

TITLE  VIII. 

JUDGMENT  AND  EXECUTION. 

Chapter  I.     The   Judgment.     §§  1191-1207. 
II.     The   Execution.     §§  1213-1230. 

TITLE  IX. 

APPEALS  TO  THE  SUPREME  COURT. 

Chapter  I.     Appeals,    when    Allowed    and    how    Taken,    and    the    Effect 
Thereof.     §§  1235-1247e. 
II.     Dismissing    an    Appeal    for    Irregularity.     §§  1248,    1249. 
IIL     Argument  of  the  Appeal.     §§  1252-1255. 
IV.     Judgment   upon   Appeal.     §§  1258-1265. 

TITLE  X. 

MISCELLANEOUS  PROCEEDINGS. 

Chapter  I.     Bail.     Articles  I-VIII.     §§  1268-1317. 

Article  I.     In  What  Cases  the  Defendant  may  be  Admitted 
to   Bail.     §§  1268-1274. 
II.     Bail  upon  Being  Held  to  Answer  Before  Indict- 
ment.    §§  1277-1281. 
III.     Bail     upon    an     Indictment  Before    Conviction. 

§§  1284-1289. 
IV.     Bail   on   Appeal.     §§  1291,   1292. 

V.     Deposit  Instead   of   Bail.     §§  1295-1297. 
VI.     Surrender    of    the    Defendant.     §§  1300-1302. 
VII.     Forfeiture    of   the   Undertaking   of   Bail   or   of 
the   Deposit   of   Money.     §§  1305-1307. 
VIII.     Recommitment  of  the  Defendant,  After  Having 
Given    Bail    or   Deposited    Money    Instead    of 
Bail.     §§  1310-1317. 
II.     Who  may  be  Witnesses  in  Criminal  Actions.     §§  1321-1324. 

III.  Compelling   the   Attendance   of   Witnesses.     §§  1326-1333. 

IV.  Examination  of  Witnesses  Conditionally.     §§  1335-1346. 
V.     Examination  of  Witnesses  on  Commission.     §§  1349-1362. 

VI.  Inquiry  into  the  Insanity  of  the  Defendant  Before  Trial  or 

After  Conviction,      §§1367-1373. 


SUMMARY    OF    CONTENTS.  XI 

VII.     Compromising    Certain    Public    Offenses    by    Leave    of    the 
Court.     §§  1377-1379. 
VIIT.     Dismissal   of   the   Action,  Before   or  After  Indictment,   for 
Want  of  Prosecution  or  Otherwise.     §§  1382-1389. 
IX.     Proceedings   against   Corporations.     §§  1390-1397. 

X.     Entitling   Affidavits.     §  1401. 
XL     Errors  and   Mistakes  in   Pleadings  and  Other  Proceedings. 
§  1404. 
XII.     Disposal  of  Property   Stolen   or  Embezzled.     §§  1407-1413, 
XIII.     Repreives,    Commutations,    and    Pardons.     §§  1417-1423. 

TITLE  XI. 

PROCEEDINGS     IN     JUSTICES'     AND     POLICE     COURTS     AND 
APPEALS  TO  SUPERIOR  COURTS. 

Chapter     I.     Proceedings  in  Justices'  and  Police  Courts.     §§  1425-1461. 
II.     Appeals  to  Superior   Courts.     §§  1466-1470. 

TITLE  XII. 

SPECIAL  PROCEEDINGS  OF  A  CRIMINAL  NATURE. 

Chapter  L     Writ  of  Habeas  Corpus.     §§  1473-1505. 

IT.     Coroners'  Inquests  and  Duties  of  Coroners.     §§  1510-1520. 
IIL     Search-warrants.     §§  1523-1542. 

IV.     Proceedings  against  Fugitives  from  Justice.     §§  1547-1558. 
V.     Miscellaneous  Provisions  respecting  Special  Proceedings  of 
a  Criminal  Nature.     §§  1562-1564. 

TITLE  XIII. 

PROCEEDINGS  FOR  BRINGING  PERSONS  IMPRISONED  IN 
THE  STATE  PRISON,  OR  THE  JAIL  OF  ANOTHER  COUNTY, 
BEFORE  A  COURT.     §  1567. 

TITLE  XIV. 

DISPOSITION  OF  FINES  AND  FORFEITURES.     §  1570. 


PART  III. 

THE  STATE  PRISONS  AND  COUNTY  JAILS. 

Title  I.     State  Prisons.     §§  1572-1596. 
II.     County  Jails.     §§  1597-1616. 

TITLE  I. 

STATE  PRISONS.     §§  1572-1596. 

TITLE  II. 

COUNTY   JAILS.     §§  1597-1616 


XU  aUMMAUY    OK    CONTENTS. 


APPENDIX. 


PAGE 

Adulteration 715 

Animals  731 

Artesian  Wells 733 

Buoys  and  Beacons 735 

Butter 736 

Conspiracy 736 

Coroners 738 

Costs   > 741 

Dairies   742 

Drugs 748 

Emigration 755 

Explosives   756 

Fences  and  Inclosures 756 

Fish  758 

Flag  . .  ^ 763 

Game  Laavs   763 

Gas 765 

Grand  Army   765 

Growing  Trees  766 

Intoxicating  Liquors  766 

Juvenile  Court 768 

Labor  Unions  795 

Larceny 795 

Master  and  Servant 797 

Officers  798 

Olive-oil  798 

Poison    801 

Police   810 

Public  Health  819 

School  of  Industry   822 

School  op  Eeform  831 

Seduction  847 

Shipping 847 

State  Prisons    848 

Supervisors    852 


INDEX. 

(Pages  853  to   1140.S 


CONSTITUTIONAL  PKOVISIONS. 

Art.  I,  §  1.  All  men  are  by  nature  free  and  independent,  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty;  acquiring,  possessing,  and  protecting  prop- 
erty; and  pursuing  and  obtaining  safety  and  happiness. 

Art.  I,  §  4.  ...  No  person  shall  be  rendered  incompetent  to  be  a 
witness  or  juror  on  account  of  his  opinions  on  matters  of  religious 
belief.  .  .  . 

Art.  I,  §  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  its  suspension. 

Habeas  corpus.     See  U.  S.  Const.,  art.  I,  §  9,  subd.  2. 

Art.  I,  §  6.  All  persons  shall  be  bailable  by  sufficient  sureties,  un- 
less for  capital  offenses  when  the  proof  is  evident  or  the  presumption 
great.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed; nor  shall  cruel  or  unusual  punishments  be  inflicted.  Witnesses 
shall  not  be  unreasonably  detained,  nor  confined  in  any  room  where 
criminals  are  actually  imprisoned. 

Art.  I,  §  7.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and 
remain  inviolate.  ...  A  trial  by  jury  may  be  waived  in  all  criminal 
cases,  not  amounting  to  felony,  by  the  consent  of  both  parties,  ex- 
pressed in  open  court.  .  .  . 

Art.  I,  §  8.  Offenses  heretofore  required  to  be  prosecuted  by  indict- 
ment shall  be  prosecuted  by  information,  after  examination  and  com- 
mitment by  a  magistrate,  or  by  indictment,  with  or  without  such  ex- 
amination and  commitment,  as  may  be  prescribed  by  law.  A  grand 
jury  shall  be  drawn  and  summoned  at  least  once  a  year  in  each 
count3^ 

Art.  I,  §  9.  ...  In  all  criminal  prosecutions  for  libels,  the  truth 
may  be  given  in  evidence  to  the  jury;  and  if  it  shall  appear  to  the 
jury  that  the  matter  charged  as  libelous  is  true,  and  was  published 
with  good  motives  and  for  justifiable  ends,  the  party  shall  be  ac- 
quitted; and  the  jury  shall  have  the  right  to  determine  the  law  and 
the  fact.  Indictments  found,  or  information  laid,  for  publications 
in  newspapers  shall  be  tried  in  the  county  where  such  newspapers 
have  their  publication-office,  or  in  the  county  where  the  party  alleged 
to  be  libeled  resided  at  the  time  of  the  alleged  publication,  unless  the 
place  of  trial  shall  be  changed  for  good  cause. 

Art.  I,  §  13.  In  criminal  prosecutions,  in  any  court  whatever,  the 
party  accused  shall  have  the  right  to  a  speedy  and  public  trial;   to 

(xiii) 


XIV  PENAL    LODE. 

have  the  process  of  the  eourt  to  compel  tiie  attcnjance  of  witnesses 
in  his  behalf,  and  to  appear  and  defend,  in  person  and  with  counsel. 
No  person  shall  be  twice  put  in  jeopardy  for  the  same  offense;  nor 
be  compelled,  in  any  criminal  case,  to  be  a  witness  against  himself; 
nor  be  deprived  of  life,  liberty,  or  property  without  due  process  of 
law.  The  legislature  shall  have  power  to  provide  for  the  taking,  in 
the  presence  of  the  party  accused  and  his  counsel,  of  depositions  of 
witnesses  in  criminal  cases,  other  than  cases  of  homicide,  when  there 
is  reason  to  believe  tliat  the'  witness,  from  inability  or  other  cause, 
will  not  attend  at  the  trial. 

Art.  I,  §  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impair- 
ing the  obligation  of  contracts,  shall  ever  be  passed. 

Art.  I,  §  18.  Neither  slavery  nor  involuntary  servitude,  unless  for 
tiie  punishment  of  crime,  shall  ever  be  tolerated  in  this  state. 

Art.  I,  §  20.  Treason  against  the  state  shall  consist  only  in  levying 
war  against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  com- 
fort. No  person  shall  be  convicted  of  treason  unless  on  the  evidence 
of  two  witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

Art.  II,  §  1.  ...  No  .  .  .  person  convicted  of  any  infamous  crime, 
and  no  person  hereafter  convicted  of  the  embezzlement  or  misappro- 
priation of  public  money,  shall  ever  exercise  the  privileges  of  an  elec- 
tor in  this  state. 

Art.  II,  §  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  on  the  days  of  election, 
during  their  attendance  at  such  election,  going  to  and  returning 
therefrom. 

Art,  IV,  §  11.  Members  of  the  legislature  shall,  in  all  cases,  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged  from  arrest, 
and  shall  not  be  subject  to  any  civil  process  during  the  session  of 
the  legislature,  nor  for  fifteen  days  next  before  the  commencement 
and  after  the  termination  of  each  session. 

Art.  IV,  §  17,  The  assembly  shall  have  the  sole  power  of  impeach- 
me'nt,  and  all  impeachments  shall  be  tried  by  the  senate.  When  sit- 
ting for  that  purpose,  the  senators  shall  be  upon  oath  or  affirma- 
tion, and  no  person  shall  be  convicted  without  the  concurrence  of 
two  thirds  of  the  members  elected. 

Art.  IV,  §  18,  The  governor,  lientenant-governor,  secretary  of  state, 
controller,  treasurer,  attorney-general,  surveyor-general,  chief  justice 
and  associate  justices  of  the  supreme  court,  and  judges  of  the  superior 
courts,  shall  be  liable  to  impeachment  for  any  misdemeanor  in  office; 
but  judgment  in  such  eases  shall  extend  only  to  removal  from  office, 
and  disqualification  to  hold  any  officer  of  honor,  trust  or  profit  under 
the  state;  but  the  party  convicted  or  acquitted  shall  nevertheless  be 
liable   to   indictment,   trial,    and   punishment   according   to   law.     All 


CONSTITUTIONAL    PROVISIONS.  XV 

other   civil   officers  shall  be   tried   for   misdemeanor  in   office   in   such 
manner  as  the  legislature  may  provide. 

Art.  IV,  §  21.  No  person  convicted  of  the  embezzlement  or  defalca- 
tion of  the  public  funds  of  the  United  States,  or  of  any  state,  or  of 
any  county  or  municipality  therein,  shall  ever  be  eligible  to  any  oflBce 
of  honor,  trust,  or  profit  under  this  state,  and  the  legislature  shall 
provide,  by  law,  for  the  punishment  of  embezzlement  or  defalcation 
as  a  felony. 

Art.  IV,  §  25.  Tlie  legislature  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases,  that  is  to  say:   .  .  . 

Second — For  the  punishment  of  crimes  and  misdemeanors.  .  .  . 

Fourth — Providing  for  the  change  of  venue  in  civil  and  criminal 
actions.  .  .  . 

Eighth — Summoning  and  impaneling  grand  and  petit  juries,  and 
providing  for  tlieir  compensation.  ,  .  . 

Twenty-second — Eestoring  to  citizenship  j^ersons  convicted  of  in- 
famous crimes.     .  . 

Thirty-second—For  limitation  of  civil  or  criminal  actions. 

Art.  IV,  §  26.  The  legislature  shall  have  no  power  to  authorize 
lotteries  or  gift  enterprises  for  any  purpose  and  shall  pass  laws  to 
prohibit  the  salein  this  state  of  lottery  or  gift  enterprise  tickets  or 
tickets  in  any  saeme  in  the  nature  of  a  lottery. 

Art.  IV,  §  35.  .ny  person  who  seeks  to  influence  the  vote  of  a 
member  of  the  lejslature  by  bribery,  promise  of  reward,  intimidation, 
or  any  other  disbnest  means,  shall  be  guilty  of  lobbying,  which  is 
hereby  declared  a'elony;  and  it  shall  be  the  duty  of  the  legislature  to 
provide,  by  law,  )r  the  punishment  of  this  crime.  Any  member  of 
the  legislature  wh  shall  be  influenced,  in  his  vote  or  action  upon  any 
matter  pending  btore  the  legislature,  by  any  reward,  or  promise  of 
future  reward,  shd  be  deemed  guilty  of  a  felony,  and  upon  convic- 
tion thereof,  in  acition  to  such  punishment  as  may  be  provided  by 
law,  shall  be  disfrachised  and  forever  disqualified  from  holding  any 
office  or  public  trus  Any  person  may  be  compelled  to  testify  in  any 
lawful  investigatio  or  judicial  proceeding  against  any  person  who 
may  be  charged  wh  having  committed  the  offense  of  bribery  or 
corrupt  solicitation.or  with  having  been  influenced  in  his  vote  or 
action,  as  a  memb  of  the  legislature,  by  reward,  or  promise  of 
future  reward,  and  lall  not  be  permitted  to  withhold  his  testimony 
upon  the  ground  tit  it  may  criminate  himself,  or  subject  him  to 
public  infamy;  bulsuch  testimony  shall  not  afterward  be  used 
against  him  in  any  idicial  proceeding,  except  for  perjury  in  giving 
such  testimony. 

Art.  VI,  §  1.  The  dicial  power  of  the  state  shall  be  vested  in  the 
senate  sitting  as  a  CTt  of  impeachment,  in  a  supreme  court,  superior 
courts,  justices  of  tl  peace,  and  such  inferior  courts  as  the  legisla- 


XVI  PENAL   CODK. 

tuic    iii;iy    establish    in    any    incorporated    city    or   town,    or   city    and 
county. 

Art.  VI,  §  i.  Tlio  iiuprenie  court  shall  have  appellate  jurisdiction 
on  appeal  ...  on  questions  of  law  alono,  in  nil  criniinal  cases  where 
judgment  of  death  has  been  rendered;  the  said  court  shall  also  have 
appellate  jurisdiction  in  all  cases,  matters  and  proceedings  pending 
before  a  district  court  of  appeal,  which  shall  be  ordered  by  the  su- 
preme court  to  be  transferred  to  itself  for  hearing  and  decision,  as 
hereinafter  provided.  .  .  . 

The  district  courts  of  appeal  shall  have  appellate  jurisdiction  on 
appeal  ...  on  questions  of  law  alone,  in  all  criminal  eases  prosecuted 
by  indictment  or  information  in  a  court  of  record,  execpting  criminal 
cases   where  judgment   of   death   has  been   rendered. 

Art.  VI,  §  41/2-  No  judgment  shall  be  set  aside,  or  new  trial  granted, 
in  any  ease,  on  the  ground  of  misdirection  of  the  jurj',  or  of  the  im- 
proper admission  or  rejection  of  evidence,  or  for  anyjcrror  as  to  any 
matter  of  pleading,  or  for  any  error  as  to  any  matt  r  of  procedure, 
unless,  after  an  examination  of  the  entire  cause,  in/luding  the  evi- 
dence, the  court  shall  be  of  the  opinion  that  the  erri-  complained  of 
has  resulted  in  a  miscarriage  of  justice.  ! 

Art.  VI,  §  5.  The  superior  court  shall  have  originalpnrisdiction  ,  .  . 
in  all  criminal  cases  amounting  to  felony,  and  cases'of  misdemeanor 
not  otherwise  provided  for.  .  .  .  They  shall  have  aJpellate  jurisdic- 
tion in  such  cases  arising  in  justices'  and  other  i'ferior  courts  in 
their  respective  counties  as  may  be  prescribed  F  law.  .  .  .  Said 
courts,  and  their  judges,  shall  have  power  to  issue  wis  of  .  .  .  habeas 
corpus,  on  petition  by  or  on  behalf  of  any  person  iiiactual  custody  in 
their  respective  counties.  ...  ( 

Art.  VI,  §  19.  Judges  shall  not  charge  juries  wii  respect  to  mat- 
ters of  fact,  but  may  state  the  testimony  and  declfe  the  law. 

Art.  VI,  §  20.  The  style  of  process  shall  be  "he  People  of  the 
State  of  California,"  and  all  prosecutions  shuU  be'i.nducted  in  their 
name  and  by  their  authority. 

Art.  VII,  §  1.  The  governor  shall  have  the  Jwer  to  grant  re- 
prieves, pardons,  and  commutations  of  sentence,  Iter  conviction,  for 
all  offenses  except  treason  and  cases  of  impeaehiint,  upon  such  con- 
ditions, and  with  such  restrictions  and  limitatioj,  as  he  may  think 
proper,  subject  to  such  regulations  as  may  be  projled  by  law  relative 
to  the  manner  of  applying  for  pardons.  Upon  cjvietion  for  treason 
the  governor  shall  have  power  to  suspend  the  execion  of  the  sentencf 
until  the  case  shall  be  reported  to  the  legislature  its  next  meeting, 
when  the  legislature  shall  either  pardon,  dirfl  the  execution  of 
the  sentence,  or  grant  a  further  reprieve.  Th^overnor  shall  com- 
municate to  the  legislature,  at  the  beginning  osvery  session,  every 
case  of  reprieve  or  pardon  granted,  stating  thaame  of  the  convict, 


CONSTITUTIONAL    PROVISIONS.  XVll 

the  crime  for  which  he  was  convicted,  the  sentence,  its  date,  the 
date  of  the  pardon  or  reprieve,  and  the  reasons  for  granting  the  same. 
Neither  tho  governor  nor  the  legislature  shall  have  power  to  grant 
pardons,  or  commutations  of  sentence,  in  any  cRoO  where  the  convict 
has  been  twice  convicted  of  a  felony,  unless  upon  the  written  recom- 
mendation of  a  majority  of  the  judges  of  the  supreme  court. 

Art.  XII,  §  19.  No  railroad  or  other  transportation  company  shall 
grant  free  passes,  or  passes  or  tickets  at  a  discount,  to  any  person 
holding  any  office  of  honor,  trust,  or  profit  in  this  state;  and  the  ac- 
ceptance of  any  such  pass  or  ticket,  by  a  member  of  the  legislature 
or  any  public  officer,  other  than  railroad  commissioner,  shall  work  a 
forfeiture  of  his  office. 

Art.  XX,  §  2.  Any  citizen  of  this  state  who  shall,  after  the  adop- 
tion of  this  constitution,  fight  a  duel  with  deadly  weapons,  or  send 
or  accept  a  challenge  to  fight  a  duel  with  deadly  weapons,  either 
within  this  state  or  out  of  it,  or  who  shall  act  as  second,  or  know- 
ingly aid  or  assist  in  any  manner  those  thus  offending,  shall  not  be 
allowed  to  hold  any  office  of  profit,  or  to  enjoy  the  right  of  suffrage 
under  this  constitution. 

Art.  XX,  §  10.  Every  person  shall  be  disqualified  from  holding  any 
office  of  profit  in  this  state  who  shall  have  been  convicted  of  having 
given  or  offered  a  bribe  to  procure  his  election  or  appointment. 

Art.  XX,  §  11.  Laws  shall  be  made  to  exclude  from  office,  serving 
on  juries,  and  from  the  right  of  suffrage,  persons  convicted  of  bribery, 
perjury,  forgery,  malfeasance  in  office,  or  other  high  crimes.  The 
privilege  of  free  suffrage  shall  be  supported  by  laws  regulating  elec- 
tions and  prohibiting,  under  adequate  penalties,  all  undue  influence 
thereon  from  power,  bribery,  tumult,  or  other  improper  practice. 


THE 

PENAL  CODE 

OF 

CALIFORNIA. 

IN  THREE  PARTS. 

Title  of  the  Act.     §  1. 
Preliminary  Provisions.     §§  2-24. 
Part  I.     Crimes  and  Punishments.     §§  26-681. 
II.     Criminal  Procedure.     §§681-1570. 
III.     State  Prisons  and  County  Jails.     §§  1572-1616. 

Pen.  Code— 1  (1) 


THE 

PENAL  CODE 

OF 

CALIFORNIA. 

AN  ACT 
TO  ESTABLISH  A  PENAL  CODE. 

'  [Approved   Februaiy    14,    1872.] 

The  People  of  the  State  of  California,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

TITLE  OF  THE  ACT. 

§  1.     Title  and  divisions   of  tliis   act. 

§  1.  Title  and  divisions  of  this  act.  This  act  shall  be 
known  as  The  Penal  Code  of  California,  and  is  divided  into 
three  parts,  as  folloAvs : 

I.     Of  Crimes  and  Punishments. 
II.     Of  Criminal  Procedure. 
III.     Of  the  State  Prison  and  County  Jails. 
This  act,  how  cited:   Post,  §  24. 

Construction  of  the  codes,  and  of  their  various  sections:  See  Pol. 
Code,  §§  4478  et  seq. 

Legislation  §  1.     Enacted  February  14,  1872. 

THE  PENAL  CODE  OF  CALIFORNIA. 
PRELIMINARY  PROVISIONS. 

§~  2.     When  this  act  takes  effect. 

§    3.     Not  retroactive. 

§    4.     Construction  of  the  Penal  Code. 

§    5.     Provisions  similar  to  existing  laws,  how  construed. 

§    6.     Effect  of  code  upon  past  offenses. 

§    7.     Certain  terms  defined  in   the  senses  in  which  they  are  used  in 
this  code. 

§    8.     What  intent  to  defraud  is  sufficient. 

§    9.     Civil  remedies  preserved. 

§  10.     Proceedings  to  impeach  or  remove  officers  and  others  preserved. 

§  11.     Authority  of  courts-martial  preserved.     Courts  of  justice  to  pun- 
ish for  contempts. 

(3) 


§  5  PENAL    CODE.  4 

§  12.  Of  soctiiuis  (Icolaiing  crinios   luiuisliaMo.     Duty  o."  court. 

§  13.  Puiii.shidonts,  how  detcriniiioii. 

§  14.  Witness's  testiinonj-  may  bi;  lo.iil  against  liiiii  on  prosecution  for 

perjury. 

§  1.").  "Crime"  and  "iniblio  offense"  defined. 

§  16.  Crimes,  how  divided. 

§  17.  Felony  and  misdemeanor  defined. 

§  18.  I'unishment  of  felony,  when  not  otherwise  prescribed. 

§  19.  Punishment  of  misdemeanor,  when  not  otherwise  prescribed. 

S  -0.  To  constitute  crime  there  must  be  unity  of  act  and  intent. 

§21.  Intent,  how  manifested,  and  wlio  considered  of  sound  mind. 

§  22.  Drunkenness  no  excuse  for  crime.     When  it  may  be  considered. 

§  23.  Certain  statutes  specified  as  continuing  in  force. 

§  24.  This  act,  how  cited. 

§  2.  When  this  act  takes  effect.  This  code  takes  effect 
at  twelve  o  'clock,  noon,  on  the  iirist  day  of  January,  eighteen 
hundred  and  seventy-three. 

Effect  of  codes  generally:  See  Pol.  Code,  §§  447S  et  .seij. 

Legislation  §  2.     iMuicted  February  14,  1872. 

§  3.  Not  retroactive.  No  part  of  it  is  retroactive,  unless 
expressly  so  declared. 

Impairing  vested  rights:  See  Code  Civ.  Proc,  §  S. 

Corresponding  sections.  The  same  section  is  found  in  each  of  the 
other  three  codes:  See  Code  Civ.  Proc,  §  3;  Civ.  Code,  §  3;  Pol.  Code, 
§3. 

Legislation  §  3.     Enacted  February  14,  1872. 

§  4.  Construction  of  the  Penal  Code.  The  rule  of  the 
common  law,  that  penal  statutes  are  to  be  strictly  construed, 
has  no  application  to  this  code.  All  its  provisions  are  to  be 
construed  according  to  the  fair  import  of  their  terms,  with 
a  view^  to  effect  its  objects  and  to  promote  justice. 

Rules  of  construction  of  code  provisions  generally:  See  Pol.  Code, 
§§  4478  et  seq. 

Statutes  in  derogation  of  common  law:  See  Code  Civ.  Proc,  §4; 
Civ.  Code,  §4;  Pol.  Code,  §4. 

Legislation  §  4.  Enacted  Februarv  14,  1872;  identical  with  Field's 
Draft,  §  10,  N.  Y.  Pen.  Code,  §  11. 

§  5.     Provisions  similar  to  existing*  laws,  how  construed. 

The  provisions  of  this  code,  so  far  as  they  are  substantially 
the  same  as  existing  statutes, ,  must  be  construed  as  con- 
tinuations thereof,  and  not  as  new  enactments. 

Legislation  §  5.  1.  Enacted  February  14,  1872;  based  on  Mass. 
Rev.  Laws  1858,  e.  clxxxii,  §  9. 

2.  Amended  by  Stats.  1901.  p.  4.13.  and  nmendment  hp]cl  unconstitu- 
tional, in  Lewis  v.  Dunne,  134  Cal.  291;  Mr.  -Tusticp  McFprland  sav- 
ing. "The  said  act  ...  is  unconstitutional,  and  void  for  all  purposes, 
and  is  inoperative  to  chanj^e  or  in  any  way  afPect  the  law  of  the  s+^te 
as  it  stood  immediately  before  the  approval  of  said  act.  .  .  .  The 
act   covers  one  hundred  and  fifty  pages  of  the  published  statutes 


5  PRELIMINARY    PROVISIONS.  S   ' 

of  1901;  it,  amends  over  four  hundred  sections;  it  repeals  nearly 
one  hundred  sections;  it  changes  the  numbers  of  other  sections;  it 
adds  a  great  many  new  sections;  and  it  contains  this  clause,  'Certain 
title  and  chapter  headings  .  .  .  are  hereby  inserted,  changed,  and 
amended,'  and  then  follow  several  pages  of  insertions,  changes,  and 
amendments  of  such  headings.  .  .  .  W^e  are  forced  to  the  conclusion 
that  this  act  is  a  revision,  and  void  for  want  of  re-enactment  and 
publication  at  large  of  the  revised  law."  Thus  the  attempted 
repeals  or  attempted  amendments  of  the  Penal  Code  as  embodied  in 
the  act  of  the  legislature  of  1901  were  declared  unconstitutional 
and  void.  This  act  was  the  result  of  an  act  approved  March  25, 
1895  (Stats.  1895,  p.  345),  whereby  the  legislature  created  and 
established  "a  commission  for  revising,  systematizing,  and  reform- 
ing the  laws  of  this  state,"  and  provided  that  "said  commission, 
to  be  known  as  'The  Commissioners  for  the  Eevision  aniT  Eeform 
of  the  Law,'  "  should  be  appointed  by  the  governor.  This  com- 
mission was  duly  appointed,  and  thereafter  filed  with  the  secretary 
of  state  a  report  recommending,  among  other  things,  a  revision  of 
the  Penal  Code,  and  the  legislature  (Stats.  1901,  p.  117)  embodied 
their  recommendations  in  the  act  declared  "unconstitutional,  and 
void  for  all  purposes." 

§  6.  Effect  of  code  upon  past  offenses.  No  act  or  omis- 
sion, commenced  after  twelve  o'clock  noon  of  the  day  on 
which  this  code  takes  effect  as  a  law,  is  criminal  or  punish- 
able, except  as  prescribed  or  authorized  by  this  code,  or 
by  some  of  the  statutes,  which  it  specifies  as  continuing  in 
force  and  as  not  affected  by  its  provisions,  or  by  some  ordi- 
nance, municipal,  county,  or  township  regulation,  passed 
or  adopted,  under  such  statutes  and  in  force  when  this  code 
takes  effect.  Any  act  or  omission  commenced  prior  to  that 
time  may  be  inquired  of,  prosecuted,  and  punished  in  the 
same  manner  as  if  this  code  had  not  been  passed. 

Effect  on  past  offenses.  Where,  by  subsequent  statute,  the  punish- 
ment is  increased,  it  is  ex  post  facto,  and  inoperative:  U.  S.  Const., 
art.  i,  §  10,  sulid.  ]. 

Legislation  §  6.     Enacted  February  14,  1872. 

§  7.  Certain  terms  defined  in  the  senses  in  which  they  are 
used  in  this  code.  Words  used  in  this  code  in  the  present 
tense  include  the  future  as  well  as  the  present ;  words  used 
in  the  masculine  gender  include  the  feminine  and  neuter ; 
the  singular  number  includes  the  plural,  and  the  plural  the 
singular;  the  word  ''person"  includes  a  corporation  as  well 
as  a  natural  person;  the  Avord  "county"  includes  "city  and 
county ' ' ;  writing  includes  printing  and  typewriting ;  oath 
includes  affirmation  or  declaration ;  and  every  mode  of  oral 
statement,  under  oath  or  affirmation,  is  embraced  by  the 
term  "testify,"  and  every  written  one  in  the  term  "de- 
pose"; signature  or  subscription  includes  mark,  when  the 
person  cannot  write,  his  name  being  written  near  it,  by  a 


§   /  PENAL    CODE.  6 

])oi'S()ii  mIm)  \\rit<'s  liis  own  iiiimo  as  a  witnoss;  provided, 
that  when  a  sisnaturo  is  niado  by  mark  it  must,  in  order 
that  tlio  same  may  l)e  acknowledged  or  serve  as  the  signa- 
ture 1o  any  sworn  statenieni,  l)e  witnesed  by  two  peT'sons 
who  must  subsoril)e  their  own  names  as  Avitnesses  thereto. 

The  l"()lh)win<>'  words  have  in  tliis  code  tlie  signification 
attached  to  them  in  tliis  section,  unless  othei-wise  ai)])ai"ent 
from  the  context : 

1.  The  word  "willfully,"  when  applied  to  the  intent  with 
which  an  act  is  done  or  omitted,  implies  simply  a  purpose 
or  Avillingness  to  commit  the  act,  or  make  the  omission 
referred^  to.  It  does  not  require  any  intent  to  violate  law, 
or  to  injure  another,  or  to  actiuire  any  advantage ; 

2.  The  w^ords  ''neglect,"  "negligence,"  "negligent,"  and 
"negligently"  import  a  want  of  such  attention  to  the  nature 
or  probable  consequences  of  the  act  or  omission  as  a  prudent 
man  ordinarily  bestows  in  acting  in  his  own  concerns ; 

3.  The  Avord  "corruptly"  imports  a  Avrongful  design  to 
acquire  or  cause  some  pecuniary  or  other  advantage  to  the 
person  guilty  of  the  act  or  omission  referred  to,  or  to  some 
other  person ; 

4.  The  words  "malice"  and  "maliciously"  import  a  Avish 
to  vex,  annoy,  or  injure  another  person,  or  an  intent  to  do 
a  wrongful  act,  established  either  by  proof  or  presumption 
of  law^ ; 

5.  The  Avord  "knoAvingly"  imports  only  a  knoAvledge  that 
the  facts  exist  AA^hich  bring  the  act  or  omission  Avithin  the 
provisions  of  this  code.  It  does  not  require  any  knoAAdedge 
of  the  unlaAvfulness  of  such  act  or  omission ; 

6.  The  Avord  "bribe"  signifies  anything  of  A^alue  or  ad- 
vantage, present  or  prospectiA-e,  or  any  promise  or  under- 
taking to  give  any,  asked,  giA^en,  or  accepted,  Avith  a  cor- 
rupt intent  to  influence,  unlaAvfully,  the  person  to  Avhom  it 
is  given,  in  his  action,  vote,  or  opinion,  in  any  public  or 
official  capacity; 

7.  The  Avord  "vessel,"  A\dien  used  Avith  reference  to  ship- 
ping, includes  ships  of  all  kinds,  steamboats,  canal-boats, 
barges,  and  every  structure  adapted  to  be  navigated  from 
place  to  ijlace  for  the  transportation  of  merchandise  or 
persons ; 

8.  The  Avords  "peace  officer"  signify  any  one  of  the  offi- 
cers mentioned  in  section  eight  hundred  and  seventeen  ; 

9.  The  Avord  "magistrate"  signifies  any  one  of  the  officers 
mentioned  in  section  eight  hundred  and  eight ; 

10.  The  Avord  "property"  includes  both  real  and  personal 
property ; 


7  PRELIMINARY   PROVISIONS.  §  7 

11.  The  words  ''real  property"  are  coextensive  with 
lands,  tenements,  and  hereditaments  ; 

12.  The  Avords  "personal  property"  include  money,  goods, 
chattels,  things  in  action,  and  evidences  of  debt; 

13.  The  word  "month"  means  a  calendar  month,  unless 
otherwise  expressed;  the  word  "daytime"  means  the  period 
between  sunrise  and  sunset,  and  the  word  "night-time" 
means  the  period  between  sunset  and  sunrise ; 

14.  The  word  "will"  includes  codicil; 

15.  The  word  "writ"  signifies  an  order  or  receipt  in 
writing,  issued  in  the  name  of  the  people,  or  of  a  court  or 
judicial  officer,  and  the  word  "process"  a  writ  or  summons 
issued  in  the  course  of  judicial  proceedings ; 

16.  Words  and  phrases  must  be  construed  according  to 
the  context  and  the  approved  usage  of  the  language ;  but 
technical  words  and  phrases,  and  such  others  as  may  have 
acquired  a  peculiar  and  appropriate  meaning  in  law,  must 
be  construed  according  to  such  peculiar  and  appropriate 
meaning ; 

17.  Words  giving  a  joint  authority  to  three  or  more  public 
officers  or  other  persons,  are  construed  as  giving  such  au- 
thority to  a  majority  of  them,  unless  it  is  otherwise 
expressed  in  the  act  giving  the  authority  ; 

18.  When  the  seal  of  a  court  or  public  officer  is  required 
by  law  to  be  affixed  to  any  paper,  the  word  "seal"  includes 
an  impression  of  such  seal  upon  the  paper  alone,  or  upon 
any  substance  attached  to  the  paper  capable  of  receiving 
a  visible  impression.  The  seal  of  a  private  person  may  be 
made  in  like  manner,  or  by  the  scroll  of  a  pen,  or  by  Avrit- 
ing  the  word  "seal"  against  his  name; 

19.  The  word  "state,"  when  applied  to  the  different  parts 
of  the  United  States,  includes  the  District  of  Columbia  and 
the  territories,  and  the  words  "United  States"  may  include 
the  district  and  territories; 

20.  The  word  ' '  section, ' '  whenever  hereinafter  employed, 
refers  to  a  section  of  this  code,  unless  some  other  code  or 
statute  is  expressly  mentioned.  [Amendment  approved 
1905;  Stats.  1905,  p.  635.] 

•'Person'  includes  corporation:  See  post,  §  599b. 

"Oath"  includes  affirmation:  See  post,  §  119. 

"Night-time"':  See  post,  §§  450,  463. 

Legislation  §  7.  1.  Enacted  February  14,  1872  (based  on  Mass. 
Rev.  Laws  1858,  c.  iii,  §  7;  Iowa  Rev.  Laws  1860,  e.  ill,  §  29;  Field's 
Draft,  §§  762-781,  N.  Y.  Pen.  Code,  §718),  and  then  read:  "When- 
ever the  terms  mentioned  in  this  section  are  employed  in  the  Penal 
Code,  they  are  employed  in  the  senses  hereafter  affixed  to  them, 
except  where  a  different  sense  plainly  appears — 1.  The  term  'will- 
fully,'  when   applied   to   the   intent  with   which   an   act  is  done   or 


7  PENAL    CODE.  8 

omitted,  implies  simply  ;i  pur[)(jsc  or  willingness  to  commit  the  act, 
or  make  the  omission  referred  to.  It  does  not  require  any  intent 
to  violate  law,  or  to  injure  another,  or  to  acquire  any  advantage. 
2.  The  terms  'neglect,'  'negligence,'  'negligent'  and  'negligently,' 
import  a  want  of  such  attention  to  the  nature  or  jjrobable  conse- 
quences of  the  act  or  omission  as  a  prudent  man  ordinarily  bestows 
in  acting  in  his  own  concerns.  3.  The  term  'corruptly'  imports  a 
wrongful  design  to  acquire  or  cause  some  pecuniary  or  other  advan- 
tage to  the  person  guilty  of  the  act  or  omission  referred  to,  or  to 
some  other  person.  4.  The  terms  'malice'  and  'maliciously'  import 
a  wish  to  vex,  annoy,  or  injure  another  person;  established  either 
by  proof  or  presumption  of  law.  5.  The  term  'knowingly'  imports 
only  a  knowledge  that  the  facts  exist  which  bring  the  act  or  omis- 
sion witliiu  the  provisions  of  this  code.  It  does  not  require  any 
knowledge  of  the  unlawfulness  of  such  act  or  omission.  6.  The 
term  'bribe'  signifies  any  money,  goods,  right  in  action,  property, 
thing  of  value  or  advantage,  present  or  prospective,  or  any  promise 
or  undertaking  to  give  any,  asked,  given,  or  accepted,  with  a  cor- 
rupt intent  to  influence,  unlawfully,  the  person  to  whom  it  is  given, 
in  his  action,  vote,  or  opinion,  in  any  public  or  official  capacity. 
7.  The  worTl  'vessel,'  when  used  with  reference  to  shipping,  includes 
ships  of  all  kinds,  steamboats  and  steamships,  canal-boats,  and 
every  structure  adapted  to  be  navigated  from  place  to  place.  8. 
The  term  'peace  officer'  signifies  any  one  of  the  officers  mentioned 
in  section  eight  hundred  and  seventeen  of  this  code.  9.  The  term 
'magistrate'  signifies  any  one  of  the  officers  mentioned  in  section 
eight  hundred  and  eight  of  this  code.  10.  The  term  'signature'  in- 
cludes any  name,  mark,  or  sign  written  with  intent  to  authenticate 
any  instrument  or  writing.  11.  The  term  'writing'  includes  both 
printing  and  writing.  12.  The  term  'land'  and  the  phrases  'real 
estate'  and  'real  property,'  include  lands,  tenements,  and  heredita- 
ments, and  all  rights  thereto  and  interests  therein.  1.3.  The  term 
'personal  property'  includes  every  description  of  money,  goods,  chat- 
tels, effects,  evidences  of  rights  in  action,  and  all  written  instru- 
ments by  which  any  pecuniary  obligation,  right,  or  title  to  prop- 
erty is  created,  acknowledged,  transferred,  increased,  defeated,  dis- 
charged, or  diminished,  and  every  right  or  interest  therein.  14.  The 
word  'property'  includes  personal  and  real  property.  1»5.  The  word 
'month'  means  a  calendar  month,  unless  otherwise  expressed,  and 
the  word  'j'ear,'  and  also  the  abbreviation  'A.  C'  is  equivalent*  to 
the  expression  'year  of  our  Lord.'  16.  The  word  'oath'  includes 
'affirmation'  in  all  cases  where  an  affirmation  may  be  substituted 
for  an  oath;  and  in  like  cases  the  word  'swear'  includes  the  word 
'affirm.'  Every  mode  of  oral  statement  under  oath  or  affirmation 
is  embraced  in  the  term  'testify,'  and  every  written  one,  in  the 
term  'depose.'  17.  When  the  seal  of  a  court  or  public  officer,  or 
officer,  is  required  by  law  to  be  affixed  to  any  paper,  the  word  'seal' 
includes  an  impression  of  such  seal  upon  the  paper  alone,  as  well 
as  upon  wax  or  a  wafer  affixed  thereto.  18.  The  word  'state,'  when 
applied  to  the  different  parts  of  the  United  States,  includes  the 
District  of  Columbia  and  the  territories,  and  the  words  'United 
States'  may  include  the  district  and  territories.  19.  Where  the 
term  'person'  is  used  in  this  code  to  designate  the  party  whose 
property  may  be  the  subject  of  any  offense,  it  includes  this  state, 
any  other  state,  government,  or  country  which  may  lawfully  own 
any  property  within  this  state,  and  all  public  and  private  corpora- 
tions  or   joint   associations,   as   well   as   individuals.     20.  The   word 


9  PRELIMINARY    PROVISIONS.  §  8 

'person'  includes  bodies  politic  and  corporate.  21.  The  singular 
number  includes  the  plural,  and  the  plural  the  singular.  22.  Words 
used  in  the  masculine  gender  compretiend,  as  well,  the  feminine  and 
neuter.  23.  Words  used  in  the  present  tense  include  the  fiiture, 
but  exclude  the  past.  21.  The  word  'will'  includes  codicils.  25. 
Words  and  phrases  must  be  construed  according  to  the  context 
and  the  approved  usage  of  the  language;  but  technical  words  and 
phrases,  and  such  others  as  may  have  acquired  a  peculiar  and  ap- 
propriate meaning  in  law,  must  be  construed  according  to  such 
peculiar  and  appropriate  meaning.  26.  Words  giving  a  joint  author- 
ity to  three  or  more  public  officers  or  other  persons,  are  construed 
as  giving  such  authority  to  a  majority  of  them,  unless  it  be  other- 
wise expressed  in  the  act  giving  the  authority." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  419,  (1)  the  introductory 
paragraph  reading  the  same  as  the  present  amendment,  down  to 
the  words  "natural  person,"  thereafter  the  paragraph  proceeding, 
"writing  includes  printing;  oath  includes  affirmation  or  declaration; 
and  every  mode  of  oral  statement  under  oath  or  affirmation  is  em- 
braced by  the  term  'testify,'  and  every  written  one  in  the  term 
'depose';  signature  or  subscription  includes  mark,  when  the  person 
can[not]i  write,  his  name  being  written  near  it,  and  witnessed  by 
a  person  who  writes  his  own  name  as  a  witness";  (2)  the  second 
paragraph  of  the  present  amendment  was  the  final  sentence  of  the 
introductory   paragraph,   and   had   the   word   "also"   before   "have"; 

(3)  subd.  7  had  the  words  "canals,  boats,"  instead  of  "canal-boats"; 

(4)  subd.  8  had  the  words  "The  word  'peace  officer'  signifies"  instead 
of  "The  words  'peace  officer'  signify"  and  the  words  "of  this  code" 
at  end  of  subdivision;  (5)  subd.  9  also  had  the  words  "of  this  code" 
at  end  of  subdivision;  (6)  subd.  13  ended  with  the  words  "other- 
wise expressed";  (7)  subd.  17  had  the  vi^ord  "be"  instead  of  "is" 
before  "otherwise";    (S)   the  section  then  ending  with  subd.   19. 

3.  Amendment  by  Stats.  1901,  p.  434;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  635;  the  code  commissioner  saying, 
"The  purpose  of  the  amendment  is  to  make  the  section  conform  to 
the  corresponding  sections  of  the  Civil  Code  and  of  the  Code  of 
Civil  Procedure.  The  changes  consist  in  the  addition  of  the  words 
'county  includes  city  and  county';  of  the  words  'and  typewriting'; 
and  of  the  clause  'provided,  that  when  a  signature  is  made  by  mark, 
it  must,  in  order  that  the  same  may  be  acknowledged  or  serve  as  the 
signature  to  any  sworn  statement,  be  witnessed  by  two  persons 
who  must  subscribe  their  own  names  as  witnesses  thereto.'  The 
above  changes  make  the  above  section  conform  to  the  corresponding 
subdivision  in  §  17  of  the  Code  of  Civil  Procedure  and  in  §  14  of 
the  Civil  Code.  The  definitions  of  'night-time'  and  'daytime'  are 
added  in  subd.  13,  following  the  definitions  in  §§  450  and  463  of  this 
code,  which  confined  the  definitions  to  the  chapters  in  which  they 
occurred.  The  word  'canal-boat'  is  printed  'canals,  boats,'  in  Ihe 
official  statutes  of  1873-74,  p.  421,  amending  the  section,  and  is 
hereby  corrected  to  conform  to  the  manifest  intention  of  the  stat- 
ute, and  to  the  original  form  of  the  section  as  enacted  in  the  code 
of  1872.  Subd.  20  is  also  added  to  correspond  with  a  like  provision 
in  the  other  codes." 

§  8.  What  intent  to  defraud  is  sufficient.  Whenever,  by 
any  uf  the  i)roYisions  of  this  eode,  an  intent  to  defraud  is 
required  in  order  to  constitute  any  offense,  it  is  sufficient 


§  13  PENAL    CODE.  10 

ir  an  inlciit  apjx'iirs  to  (li'Jfaud  any  person,  association,  or 
body  politic  (jr  corporate,  wliatever. 

Legislation  §  8.     Enacted    February    14,    1872;    based    on    Field's 
Draft,  §  7S2,  N.  Y.  Pen.  Code,  §  721. 

§  9.  Civil  remedies  preserved.  The  omission  to  specify 
or  affirm  in  tliis  code  any  liability  to  damages,  penalty,  for- 
feiture, or  other  remedy  imposed  by  law  and  allowed  to  be 
recovered  or  enforced  in  any  civil  action  or  proceeding,  for 
any  act  or  omission  declared  punishable  herein,  does  not 
affect  any  right  to  recover  or  enforce  the  same. 

Legislation  §  9.     Enacted  February  14,  1872;  identical  with  Field's 

Draft,  §  783,  N.  Y.  Pen.  Code,  §  722. 

§  10.  Proceedings  to  impeach  or  remove  ofRcers  and 
others  preserved.  The  omission  to  specify  or  affirm  in  this 
code  any  ground  of  forfeiture  of  a  public  office,  or  other 
trust  or  special  authority  conferred  by  law,  or  any  power 
conferred  by  law  to  impeach,  remove,  depose,  or  suspend 
any  public  officer  or  other  person  holding  any  trust,  ap- 
pointment, or  other  special  authority  conferred  by  law, 
does  not  affect  such  forfeiture  or  power,  or  any  proceeding 
authorized  by  law  to  carry  into  effect  such  impeachment, 
removal,  deposition,  or  suspension. 

Legislation  §  10.     Enacted    February    14,    1872;    identical    with 

Field's  Draft,  §  784,  N.  Y.  Pen.  Code,  §  723. 

§  11.  Authority  of  courts-martial  preserved.  Courts  of 
justice  to  punish  for  contempts.  This  code  does  not  affect 
any  power  conferred  by  law  upon  any  court-martial,  or 
other  military  authority  or  officer,  to  impose  or  inflict  pun- 
ishment upon  offenders ;  nor  any  power  conferred  by  law 
upon  any  public  body,  tribunal,  or  of^cer,  to  impose  or 
inflict  punishment  for  a  contempt. 

Legislation  §  11.     Enacted   February   14,   1872;    based   on   Field's 

Draft,  §  785,  N.  Y.  Pen.  Code,  §  724. 

§  12.  Of  sections  declaring-  crimes  punishable.  Duty  of 
court.  The  several  sections  of  this  code  which  declare  cer- 
tain crimes  to  be  punishable  as  therein  mentioned,  devolve 
a  duty  upon  the  court  authorized  to  pass  sentence,  to  deter- 
mine and  impose  the  punishment  prescribed. 

Appointing  time  of  pronouncing  judgment:   Post,  §  1191. 
Showing  cause  against  the  judgment:  Post,  §  1201. 
Legislation  §  12.     Enacted    February    14,    1872;    identical    with 
Field's  Draft,  §  11,  N.  Y.  Pen.  Code,  §  12. 

§  13.  Punishments,  how  determined.  Whenever  in  this 
code  the  punishment  for  a  crime  is  left  undetermined  be- 
tween certain  limits,  the  punishment  to  be  inflicted  in  a 


H  PRELIMlNxVRY    PROVISIONS.  §  17 

particular  case  must  be  determined  by  the  court  authorized 
to  pass  sentence,  within  such  limits  as  may  be  prescribed 
by  this  code. 

Legislation  §  13.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  12,'n.  Y.  Pen.  Code,  §  13. 

§  14.  Witness 's  testimony  may  be  'read  against  him  on 
prosecution  for  perjury.  The  various  sections  of  this  code 
which  declare  that  evidence  obtained  upon  the  examination 
of  a  person  as  a  witness  cannot  be  received  against  him  in 
any  criminal  proceeding,  do  not  forbid  such  evidence  being 
proved  against  such  person  upon  any  proceedings  founded 
upon  a  charge  of  perjury  committed  in  such  examination. 

Legislation  §  14.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  761,  N.  Y.  Pen.  Code,  §  712. 

§15.  "Crime"  and  "public  offense"  defined.  A  crime 
or  public  offense  is  an  act  committed  or  omitted  in  violation 
of  a  law  forbidding  or  commanding  it,  and  to  which  is 
annexed,  upon  conviction,  either  of  the  folloAving  punish- 
ments : 

1.  Death ; 

2.  Imprisonment ; 

3.  Fine; 

4.  Removal  from  office ;  or, 

5.  Disqualification  to  hold  and  enjoy  any  office  of  honor, 
trust,  or  profit  in  this  state. 

Crime  and  public  offense:  See  post,  §§  16,  17. 

Subd.  1.  Death  punishment  in  case  of  treason:  See  post,  §  37.  Of 
murder:  Post,  §  190. 

Subd.  4.  Removal  from  office:  See  post,  §§  737  et  seq.;  Const., 
art.  iv.,  §§  IS,  21,  art.  xii,  §  19. 

Subd.  5.  Disciualification  to  hold  office:  Const.,  art.  iv,  §  21,  art. 
XX,  §§  10,  11. 

Legislation  §  15.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  3,  N.  Y.  Pen.  Code,  §  3. 

2.  Amendment  by  Stats.  1901,  p.  435;  unconstitutional.  See  note, 
§  5,  ante. 

§  16.     Crimes,  how  divided.     Crimes  are  divided  into : 

1.  Felonies ;  and, 

2.  Misdemeanors. 

Felony  and  misdemeanor,  defined:  See  infra,  §  17. 

Legislation  §  16.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  4,  N.  Y.  Pen.  Code,  §4;  also  based  on  Stats.  1S51,  p.  212, 
§  3,  which  read:  "Public  offenses  are  divided  into,  1st.  Felonies, 
and  2d.  Misdemeanors." 

§  17.  Felony  and  misdemeanor  defined.  A  felony  is  a 
crime  which  is  punishable  with  death  or  by  imprisonment 
in  the  state  prison.     Every  c'dier  crime  is  a  misdemeanor. 


§  21  I'lCNAL    CODE.  12 

When   a   criinc,.  i)iinisli;il)l('   by   imprisonincnt   in   tlic   statr 
prison,    is   also   punishable   by   fine   or   iuiprisoniuent    in    a 
county  jail,  in  the  discretion  of  the  court,  it  shall  be  deemed 
a  misdemeanor  for  all  purposes  after  a  judgiiKy-it  imposing 
a  punishment  other  than  imprisonment  in  the  state  prison. 
[Amendment  approved  1874;  Code  Amdts.  1873-74,  p.  455.] 
Legislation  §  17.     1.  Enacted  February  14,  1872;  the  first  sentence 
based    on   Field's   Draft,  §  5,   N.   Y.  Pen.   Code,  §  5,   and   the   second 
identical   with  Field's   Draft,  §  6,   N.   Y.   Fen.  Code,  §  6;    also   based 
on  Stats.  1851,  p.  212,  §§  4,  5,  which  read:  "§  4.     A  felony  is  a  public 
ofliense  punishable  by  death,  or  by  imprisonment  in  a  state  prison. 
§  5.     Every  other  public  offense  is  a  misdemeanor."     When  enacted 
in  1872,  §  17  read:   "A  felony  is  a  crime  which  is,  or  may  be,  pun- 
ishable with  death,  or  by  imprisonment  in  the  state  prison.     Every 
other  crime  is  a  misdemeanor." 

2.   Amended  by  Code  Amdts.  1873-74,  p.  455. 

§  18.  Punishment  of  felony,  when  not  otherwise  pre- 
scribed. Except  in  cases  where  a  different  imnishment  is 
prescribed  by  this  code,  every  offense  declared  to  be  a 
felony  is  punishable  by  imprisoinnent  in  the  state  prison, 
not  exceeding-  five  years. 

Legislation  §  18.     Enacted   February    14,    1872;    based    on   Field's 

Draft,  §  13,  N.  Y.  Pen.  Code,  §  14. 

§  19.  Punishment  of  misdemeanor,  when  not  otherwise 
prescribed.  Except  in  cases  where  a  different  punishment 
is  prescribed  by  this  code,  every  offense  declared  to  be  a 
misdemeanor  is  punishable  by  imprisonment  in  a  county 
jail  not  exceeding  six  months,  or  by  a  fine  not  exceeding 
five  hundred  dollars,  or  by  both. 

Legislation  §  19.  Enacted  February  14,  1872;  based  on  Field's 
Draf t,  §  14,  N.  Y.  Pen.  Code,  §  15;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  247,  §  143,  which  read:  "§  143.  Every 
offense  or  act  which  by  law  is  declared  to  be  a  misdemeanor,  and 
for  which  no  punishment  is  specially  prescribed,  shall  be  punished 
by  imprisonment  in  the  county  jail  not  exceeding  six  months,  or  by 
fine  not  exceeding  five  hundred  dollars,  or  by  both  fine  and  impris- 
onment." 

§  20.  To  constitute  crime  there  must  be  unity  of  act  and 
intent.  In  every  crime  or  public  offense  there  must  exist  a 
union,  or  joint  operation  of  act  and  intent,  or  criminal 
negligence. 

Intoxication,  effect  of:  Post,  §  22. 

Insanity:  Post,  §  26. 

Legislation  §  20.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punisliment  Act,  Stats.  1850,  p.  229,  §  1,  which  had  "intention" 
instead  of  "intent." 

§  21.  Intent,  how  manifested,  and  who  considered  of 
sound  mind.     The  intent  or  intention  is  manifested  by  the 


13  PRELIMINARY    PROVISIONS.  §  23 

circunisliiiices  connected  with  the  offense,  and  the  sound 
mind  and  discretion  of  the  accused.  All  persons  are  of 
sound  mind  Avho  arc  neither  idiots  nor  lunatics,  nor  effected 
with  insanity. 

Presumptions  as  to  intention.  Conclusive  presumption,  it  is  pro- 
vided ill  tlie  Code  of  Civil  I'rocediire  tliat  a  malicious  and  guilty 
intent,  from  the  deliberate  commission  of  au  unlawful  act,  for  the 
jHirpose  of  injuring  another,  shall  be  conclusively  presumed:  Code 
Civ.  Proc,  §  19G2. 

Legislation  §  21.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  18-50,  p.  229,  §§  2,  3,  which  read:  "§  2. 
Intention  is  manifested  by  the  circumstances  connected  with,  the 
perpetration  of  the  offense,  and  the  sound  mind  and  discretion  of 
the  person  accused.  §  3.  A  person  shall  be  considered  of  sound 
mind  who  is  neither  an  idiot,  nor  lunatic,  nor  affected  with  insanity, 
and  who  hath  arrived  at  the  age  of  fourteen  years;  or  before  that 
age,  if  such  person  knew  the  distinction  between  good  and  evil." 

§22.  Drunkenness  no  excuse  for  crime.  When  it  may 
be  considered.  No  act  committed  by  a  person  Avhile  in  a 
state  of  voluntary  intoxication  is  less  criminal  by  reason  of 
his  having  been  in  such  condition.  But  whenever  the  actual 
existence  of  any  particular  purpose,  motive,  or  intent  is  a 
necessary  element  to  constitute  any  particular  species  or 
degree  of  crime,  the  jury  may  take  into  consideration  the 
fact  that  the  accused  was  intoxicated  at  the  time,  in  deter- 
mining the  purpose,  motive,  or  intent  Avith  which  he  com- 
mitted the  act. 

Legislation  §  22.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  17,  N.  Y.  Pen.  Code,  §  22;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  230,  §  8,  which  read:  "§  8.  Drunken- 
ness shall  not  be  an  excuse  for  any  crime,  unless  such  drunkenness 
be  occasioned  by  the  fraud,  contrivance,  or  force  of  some  other 
person  or  persons,  for  the  purpose  of  causing  the  perpetration  of 
an  offense,  in  which  case  the  person  or  persons  so  causing  said 
drunkenness  for  such  malignant  purpose  shall  be  considered  prin- 
cipal or  principals,  and  suffer  the  same  punishment  as  would  have 
been  inflicted  on  the  person  or  persons  committing  the  offense,  if 
he,  she,  or  they  had  been  possessed  of  sound  reason  and  discretion." 

§23.     Certain  statutes  specified  as  continuing  in  force. 

Nothing  in  this  code  affects  any  of  the  provisions  of  the 
following  statutes,  but  such  statutes  are  recognized  as  con- 
tinuing in  force,  notwithstanding  the  provisions  of  the  codes, 
except  so  far  as  they  have  been  repealed  or  affected  by  sub- 
sequent laws : 

1.  All  acts  incorporating  or  chartering  municipal  corpora- 
tions, and  acts  amending  or  supplementing  such  acts.' 

2.  All  acts  consolidating  cities  and  counties,  and  acts 
amending  or  supplementing  such  acts. 


§  23  PENAL    CODE.  14 

3.  All  acts  foi'  i'uiuliiig-  the  stato  debt,  or  any  part  tiiereof, 
and  for  issuing  state  l)onds,  and  acts  amending  or  supple- 
menting such  acts. 

4.  All  acts  regulating  and  in  relation  to  rodeos. 

5.  All  acts  in  relation  to  judges  oi"  the  plains. 

6.  All  acts  creating  or  I'egulating  boards  of  water  com- 
missioners and  overseers  in  the  several  townships  or  coun- 
ties of  the  state. 

7.  All  acts  in  relation  to  a  branch  state  prison. 

8.  An  act  for  the  more  effectual  prevention  of  cruelty  to 
animals,  approved  ]\Iarch  thirtieth,  eighteen  hundred  and 
sixty-eight. 

9.  An  act  for  the  suppression  of  Chinese  houses  of  ill-fame, 
approved  March  thirty-first,  eighteen  hundred  and  sixty- 
six. 

10.  An  act  relating  to  the  Home  of  the  Inebriate  of  San 
Francisco,  and  to  prescribe  the  powers  and  duties  of  the 
board  of  managers  and  the  officers  thereof,  approved  April 
first,  eighteen  hundred  and  seventy. 

11.  An  act  concerning  marks  and  brands  in  the  county  of 
Siskiyou,  approved  March  twentieth,  eighteen  hundred  and 
sixty-six. 

12.  An  act  to  prevent  the  destruction  of  fish  in  the  waters 
of  Bolinas  Bay,  in  Marin  County,  approved  March  thirty- 
first,  eighteen  hundred  and  sixty-six. 

13.  An  act  concerning  trout  in  Siskiyou  County,  approved 
April  second,  eighteen  hundred  and  sixty-six. 

14.  An  act  to  prevent  the  destruction  of  fish  in  Napa 
River  and  Sonoma  Creek,  approved  January  twenty-ninth, 
eighteen  hundred  and  sixty-eight. 

15.  An  act  to  prevent  the  destruction  of  fish  and  game  in, 
upon,  and  around  the  Avaters  of  Lake  Merritt  or  Peralta,  in 
the  county  of  Alameda,  approved  March  eighteenth,  eigh- 
teen hundred  and  seventy. 

lb.  An  act  to  regulate  salmon  fisheries  in  Eel  River,  in 
Humboldt  County,  approved  April  eighteenth,  eighteen  hun- 
dred and  fifty-nine. 

17.  An  act  for  the  better  protection  of  stock-raisers  in  the 
counties  of  Fresno,  Tulare,  Monterey,  and  Mariposa,  ap- 
proved March  twentieth,  eighteen  hundred  and  sixty-six. 

18.  An  act  concerning  oysters,  approved  April  tAventy- 
eighth,  eighteen  hundred  and  fifty-one. 

19.  An  act  concerning  oyster-beds,  approved  April  second, 
eighteen  hundred  and  sixty-six. 

20.  An  act  concerning  gas  companies,  approved  April 
fourth,  eighteen  hundred  and  seventy. 


15  PRELIMINARY    PROVISIONS.  §  24 

Further  acts  in  force:  See  Pol.  Code,  §§  19,  4442. 

Subds.  1-6.  References  to  the  acts  referred  to  in  the  first  six  sub- 
divisions will  be  found  in  the  General  Laws,  under  the  various  titles. 

Subds.  8-20.  The  act  referred  to  in  subd.  8  will  be  found  in 
Stats.  1867-68,  p.  604,  amended  1871-72,  p.  393;  but  see  Stats.  1873- 
74,  p.  499.  In  subd.  9,  see  Stats.  1865-66,  p.  641;  amended  by  Stats. 
1873-74,  p.  84;  superseded  by  Pen.  Code,  §  315.  In  subd.  10.  see 
Stats.  1869-70,  p.  585;  Stats.  1875-76,  p.  325;  repealed  by  Stats.  1895, 
pp.  76,  201.  In  subd.  11,  see  Stats.  1865-66,  p.  332.  In  subd.  12,  see 
Stats.  1865-66,  p.  637.  In  subd.  13,  see  Stats.  1865-66,  p.  857.  In 
subd.  14,  see  Stats.  1867-68,  p.  13;  but  see  amendment,  Stats.  1871- 
72,  p.  441.  In  subd.  15,  see  Stats.  1869-70,  p.  325.  In  subd.  16,  see 
Stats.  1859,  p.  298.  In  subd.  17,  see  Stats.  186.5-66,  p.  322.  In  subd. 
18,  see  Stats.  1851,  p.  432;  but  see  repealing  clause,  Stats.  1873-74, 
p.  940.  In  subd.  19,  see  Stats.  1865-66,  p.  848;  but  see  repealing 
clause  in  Stats.  1873-74,  p.  940. 

Amendments  and  new  sections.  Many  amendments  and  new  sec- 
tions to  the  Penal  Code  are  taken  from  "An  act  to  amend  the  Penal 
Code,"  approved  March  30,  1874;  Code  Amdts.  1873-74,  p.  419. 
The  amendatory  act  contained  two  other  sections,  in  reference  to 
the  effect  of  the  new  iirovisions,  as  follows: 

Sec.  88.  All  provisions  of  law  inconsistent  with  the  provisions  of 
this  act  are  repealed,  except  as  to  offenses  committed  before  this 
act  takes  effect,  and  as  to  such  offenses  and  for  the  punishment  of 
parties  guilty  thereof,  the  repealed  provisions  shall  continue  in 
force. 

Sec.  89.  This  act  shall  take  effect  on  the  first  day  of  July,  one 
thousand  eight  hundred  and  seventy-four. 

Legislation  §  23.     Enacted  February  14,  1872. 

§  24.  This  act,  how  cited.  This  act,  whenever  cited, 
enumerated,  referred  to,  or  amended,  may  be  designated 
simply  as  The  Penal  Code,  adding,  when  necessary,  the 
number  of  the  section. 

This  act,  how  cited.  The  constitution  nowhere  uses  the  word 
"code,"  but  speaks  of  the  way  in  which  an  "act"  may  be  revised  or 
amended:  Const.,  art.  iv,  §  24.  See  opinion  of  Mr.  Justice  McKiu- 
stry,  in  Earle  v.  Board  of  Education,  55  Cal.  494. 

Title  of  the  act:  See  ante,  §  1. 

jljegislation  §  24.     Enacted  February  14,  1872. 


PAliT  1. 

CRIMES  AND  PUNISHMENTS. 

Title  I.     Persons  Liable  to  Punishment  for  Crime.    §§  26- 
28. 
II.     Parties  to  Crime.     §§  30-33. 
III.     Offenses  against  the  Sovereignty  of  the  State. 

§§  37,  38. 
IV.     Crimes  against  the  Elective  Franchise.     §§  40- 
64b. 
V.     Crimes  by  and  against  the  Executive  Power  of 
the  State.     §§  65-77. 
VI.     Crimes  against  the  Legislative  Power.    §§  81-89. 
VII.     Crimes  against  Public  Justice.     §§  92-185. 
VIII.     Crimes  against  the  Person.     §§  187-259. 
IX.     Crimes  against  the  Person  and  against  Public 
Decency  and  Good  Morals.     §§  261-367e. 
X.     Crimes  against  the  Public  Health  and  Safety. 
§§  368-402e. 
XI.     Crimes  against  the  Public  Peace.     §§  403-421. 
XII.     Crimes  against   the  Revenue  and   Property  of 
THIS  State.     §§  42^443. 

XIII.  Crimes  against  Property.     §§  447-593a. 

XIV.  jNIalicious  Mischief.     §§  594-625a. 
XV.    Miscellaneous  Crimes.     §§  626-653e. 

XVI.     General  Provisions.     §§  654-681. 

Pen.  Code — 2  (17) 


19  PERSONS  LIABLE  TO  PUNISHMENT  FOR  CRIME.  §  2G 

TITLE    1. 
Persons  Liable  to  Punishment  for  Crime. 

§  26.     Who  are  capable  of  eoinniitting  crimes. 

§  27.     Who  are  liable  to  punishment. 

§  28.     Prisoners  to  be  discharged  on  MondaJ^     [Repealed.] 

§  26.  Who  are  capable  of  committing-  crimes.  All  per- 
sons are  capable  of  committing  crimes  except  those  belong- 
ing to  the  following  classes : 

One.  Children  under  the  age  of  fourteen,  in  the  absence 
of  clear  proof  that  at  the  time  of  committing  the  act  charged 
against  them,  they  knew  its  wrongfulness. 

Two.     Idiots. 

Three.     Lunatics  and  insane  persons. 

Four.  Persons  who  committed  the  act  or  made  the  omis- 
sion charged  under  an  ignorance  or  mistake  of  fact,  Avhich 
disproves  any  criminal  intent. 

Five.  Persons  who  committed  the  act  charged  Avithout 
being  conscious  thereof. 

Six.  Persons  Avho  committed  the  act  or  made  the  omission 
charged  through  misfortune  or  by  accident,  Avhen  it  appears 
that  there  was  no  evil  design,  intention,  or  culpable  negli- 
gence. 

Seven.  Married  women  (except  for  felonies)  acting 
under  the  threats,  command,  or  coercion  of  their  husbands. 

Eight.  Persons  (unless  the  crime  be  punishable  with 
death)  who  committed  the  act  or  made  the  omission  charged 
under  threats  or  menaces  sufficient  to  show  that  they  had 
reasonable  cause  to  and  did  believe  their  lives  w^ould  be 
endangered  if  they  refused.  [Amendment  approved  1874; 
Code  Amdts.  1873-74,  p.  422.] 

Compelling  commission  of  crime  by  threat:  See  post,  §  31. 

Menace  as  affecting  liability:  See  post,  §  31. 

Insane  persons,  criminal  liability  of:  See  post,  §§  1367  et  seq. 

Acquittal  on  the  ground  of  insanity,  proceedings  after,  and  com- 
mitment to  asylum:  Post,  §  11G7. 

Submitting  the  question  of  sanity  to  a  jury:  Post,  §  1368. 

Legislation  §  26.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §16,  N.  Y.  Pen.  Code,  §§  16,  17,  18,  19,  20,  21,  24,  25;  also 
based  on  Crimes  and  Punishment  Act,  Stats.  1850,  p.  230,  §§  4,  5,  7, 
9,  10.  When  enacted  in  1872,  §  26  differed  from  the  amendment  of 
1873-74  (the  present  section),  (1)  in  subd.  1,  having  the  word 
"years"  after  "fourteen"';  (2)  subd.  7  reading,  "7.  Married  women 
(unless  the  crime  be  punishable  with  death)  acting  under  the 
threats,  command,  or  coercion  of  their  husbands." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  422. 


§  28  PENAL    CfJDE.  20 

§27.  Who  are  liable  to  punishment.  Tlic  following' jx-i-- 
soiis  arc  liable  to  punishment  under  liic  laws  of  this  state: 

1.  All  persons  wlio  enniuiit,  in  wlndf  or  in  ])ai'l,  any  ei-inie 
within  this  state ; 

2.  All  Avho  coniniit  any  ollense  without  tliis  static  whieli, 
ii"  eonnnitted  Avitliin  this  state,  avouUI  be  larceny,  ro])bery, 
or  embezzlement  under  the  laws  of  this  state,  and  ))i-ing  the 
property  stolen  or  embezzled,  or  any  part  of  it,  or  are  found 
with  it,  or  any  part  of  it,  within  this  state ; 

3.  All  who,  being  without  this  state,  cause  or  aid,  advise 
or  encourage,  another  person  to  commit  a  crime  within  this 
state,  and  are  afterwards  found  therein.  [Amendment 
approved  1905;  Stats.  1905,  p.  638.] 

Abetting  out  of  state:  See  post,  §  77Sb. 

Bringing  stolen  property  into  state:  See  post,  §§  497,  789. 

Non-resident  aiding  in  a  crime  in  this  state:  See  post,  §  778b. 

Legislation  §  27.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  15,  N.  Y.  Pen.  Code,  §  16),  (1)  the  introductory  paragraph 
and  subd.  1  reading  as  at  present;  (2)  subds.  2  and  3  reading,  "2. 
All  who  commit  larcenj'  or  robbery  out  of  this  state,  and  bring  to, 
or  are  found  with  the  property  stolen,  in  this  state;  3.  All  who, 
being  out  of  the  state,  cause  or  aid,  advise,  or  encourage,  another 
person  to  commit  a  crime  within  this  state,  and  are  afterwards 
found  therein." 

2.  Amendment  by  Stats.  1901,  p.  436;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  638;  the  code  commissioner  say- 
ing, "The  amendment  consists  of  a  recasting  of  subd.  2,  designed 
to  make  it  punishable  in  this  state  to  embezzle  money  in  another 
state  and  bring  the  money  embezzled  or  some  part  of  it  into  this 
state.  The  old  section  authorized  the  conviction  and  punishment 
of  persons  committing  larcenj"-  or  robbery  outside  the  state,  who 
brought  the  property  stolen  into  this  state,  but  did  not  extend  to 
the  case  of  embezzlement." 

§  28.  Prisoners  to  be  discharged  on  Monday.  [Repealed 
1905;  Stats.  1905,  p.  491.] 

Legislation  §  28.     1.  Added  by  Stats.  1901,  p.  11. 

2.  Amended  by  Stats.  1903,  p.  236. 

3.  Kepealed  by  Stats.  1905,  p.  491. 


21  PARTIES    TO    CKIMI'J.  §31 

TITLE    II. 
Parties  to  Crime. 

§  30.  Classification  of  parties  to  crime. 

§  3].  Wiio  are  principals. 

§  32.  Who  are  accessories. 

§  33.  Punishment  of  accessories. 

§  30.  Classification  of  parties  to  crime.  Tlic  parties  to 
crimes  are  classitied  as: 

1.  Principals;  and, 

2.  Accessories. 

Principals:    See  post,  §31. 

Accessories:  See  post,  §  32. 

Legislation  §  30.  Enacted  February  14,  1872;  identical  with 
Pield's  Draft,  §  26,  N.  Y.  Pen.  Code,  §  28.  The  code  commissioners 
cite  4  Bl.  Com.,  p.  32. 

§  31.  Who  are  principals.  All  persons  concerned  in  the 
commission  of  a  crime,  whether  it  be  felony  or  misdemeanor, 
and  whether  they  directly  commit  the  act  constitnting  the 
offense,  or  aid  and  abet  in  its  commission,  or,  not  being 
present,  have  advised  and  enconraged  its  commission,  and 
all  persons  counseling,  advising,  or  encouraging  children 
under  the  age  of  fourteen  years,  lunatics  or  idiots,  to  com- 
mit any  crime,  or  who,  by  fraud,  contrivance,  or  force, 
occasion  the  drunkenness  of  another  for  the  purpose  of 
causing  him  to  commit  any  crime,  or  who,  by  threats, 
menaces,  command,  or  coercion,  compel  another  to  commit 
any  crime,  are  principals  in  any  crime  so  committed. 

Compelling  commission  of  crime  by  threat:   See  ante,  §  26. 

Menace  as  affecting  liability:   See  ante,  §  26. 

Legislation  §  31.  Enacted  February  14,  1872;  based  on  Field's 
Draf t,  §  27,  N.  Y.  Pen.  Code,  §29;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  230,  §§  11,  12,  which  read:  "§  11.  An 
accessory  is  he  or  she  who  stands  by  and  aids,  abets,  or  assists; 
or  who  not  being  present  aiding,  abetting,  or  assisting,  hath  advised 
and  encouraged  the  perpetration  of  the  crime.  He  or  she  who  thus 
aids,  abets  or  assists,  advises  or  encourages,  shall  be  deemed  and 
considered  as  principal,  and  punished  accordingly.  §  12.  An  ac- 
cessory after  the  fact  is  a  person  who,  after  full  knowledge  that 
a  crime  has  been  committed,  conceals  it  from  the  magistrate,  or 
harbors  and  protects  the  person  charged  with  or  found  guilty  of 
the  crime.  Any  person  being  found  guilty  of  being  an  accessory 
after  the  fact  shall  be  imprisoned  for  any  term  not  exceeding  two 
years,  and  fined  in  a  sum  not  exceeding  live  thousand  dollars,  to  be 
regulated  by  the  circumstances  of  the  case  and  the  enormity  of 
the  crime."  The  code  commissioners  say:  "The  commissioners  rec- 
ommend the  abrogation  of  the  distinction  between  an  accessory 
before  the  fact  and  a  principal,  for  the  reason  that  section   11  of 


§  33  PENAL    CODE.  22 

the  Crimes  ami  Punishment  Act  (Stats.  1850,  p.  229)  already  de- 
clares that  the  accessory  before  the  fact  'siiall  be  deemed  and  con- 
sidered as  principal,  and  punished  accordingly.'  To  retain  the 
phrase,  'accessory  before  the  fact'  would  be  useless." 

§32,  Who  are  accessories.  All  persons  avIio,  after  full 
kiioAvledge  that  a  felony  has  been  eonnuitted,  co]iceal  it 
from  the  magistrate,  or  harbor  and  protect  the  person 
charged  with  or  convicted  thereof,  are  accessories. 

Legislation  §  32.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  28,  N.  Y.  Pen.  Code,  §30;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  320,  §  12,  q.  v.,  ante,  Legislation  §  31. 
The  code  commissioners  say:  "The  commissioners  having  recom- 
mended the  abrogation  of  the  distinction  between  accessories  before 
the  fact  and  principals,  if  that  recommendation  is  concurred  in, 
there  is  no  longer  need  of  retaining  the  phrase  'accessory  after  the 
fact.' " 

§  33.  Punishment  of  accessories.  Except  in  cases  where 
a  different  punishment  is  prescribed,  an  accessory  is  pun- 
ishable by  imprisonment  in  the  state  prison  not  exceeding 
five  years,  or  in  a  county  jail  not  exceeding  two  years,  or 
by  fine  not  exceeding  five  thousand  dollars. 

Aiding  in  misdemeanor  is  a  misdemeanor:  Sec  post,  §  659. 
Legislation  §  33.     Enacted   February    14,    1872;    based    on   Field's 
Draft,  §  30,  N.  Y.  Pen.   Code,  §33;   also  based  on  Crimes  and  Pun- 
ishment Act,   Stats.   1850,  p.  230,  §  12,  q.  v.,  ante.  Legislation  §  31. 


23  CLAIMS  AGAINST  SOVEREIGNTY  OF  STATE.  §  38 

TITLE    III. 

Offenses  against  the  Sovereignty  of  the  State. 

§  37.     Treason,  who  only  can  commit. 
§  38.     Misprision  of  treason. 

§  37.  Treason,  who  only  can  commit.  Treason  against 
this  state  consists  only  in  levying  war  against  it,  adhering 
to  its  enemies,  or  giving  them  aid  and  comfort,  and  can  be 
committed  only  by  persons  owing  allegiance  to  the  state. 
The  pnnishment  of  treason  shall  be  death. 

Constitutional  provisions.  Treason  against  a  state  is  an  offense 
at  common  law,  and  is  so  recognized  in  the  constitution  of  the 
United  States:  See  U.  S.  Const.,  art.  iv,  §  2.  Treason  against  the 
state  shall  consist  only  in  levying  war  against  it,  adhering  to  its 
enemies,  or  giving  them  aid  and  comfort.  No  person  shall  be  con- 
victed of  treason  unless  on  the  evidence  of  two  witnesses  to  the 
same  overt  act,  or  confession  in  open  court:  Const.,  art.  i,  §  20; 
see  also  U.  S.  Coast.,  art.  iii,  §  3. 

Two  witnesses  necessary:  See  Code  Civ.  Proc,  §  1968. 

Owing  allegiance  to  the  state:   See  Pol.  Code,  §§  55,  56. 

Legislation  §  37.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §§57,  60,  N.  Y.  Pen.  Code,  §§  37,  38;  also  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  231,  §§  16,  17,  which  read:  "§  16. 
Crimes  against  the  government  and  people  shall  consist  in  treason 
and  misprision  of  treason,  and  can  he  committed  only  by  persons 
owing  allegiance  to  the  state.  §  17.  Treason  against  the  state  shall 
consist  only  in  levying  war  against  it,  adhering  to  its  enemies,  or 
giving  them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  evidence  of  two  witnesses  to  the  same  overt 
act,  or  confession  in  open  court.  The  punishment  of  treason  shall 
be  death.  When  the  overt  act  of  treason  shall  be  committed  with- 
out the  limits  of  this  state,  the  person  charged  therewith  may  be 
arrested,  tried,  and  punished  in  any  county  of  this  state  within 
the  limits  of  which  he  may  be  found,  and  the  offense  may  be  charged 
to  have  been  committed  in  the  county  where  he  may  be  arrested." 

§  38.  Misprision  of  treason.  Misprision  of  treason  is  the 
knowledge  and  concealment  of  treason,  withont  otherwise 
assenting  to  or  participating  in  the  crime.  It  is  pnnishable 
by  imprisonment  in  the  state  prison  for  a  term  not  exceed- 
ing five  years. 

Legislation  §  38.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  231,  §  18,  which  read:  "§  18. 
Misprision  of  treason  shall  consist  in  the  knowledge  and  conceal- 
ment of  treason,  without  otherwise  assenting  to,  or  participating 
in  the  crime.  Any  person  being  found  guilty  thereof  shall  be  pun- 
ished by  confinement  in  the  state  prison  for  any  term  not  exceeding 
five  years." 


§  40  I'ENAL    CODE.  24 

TITLE    IV. 

Crimes  against  the  Elective  Franchise. 

§  40.     Person  acting  as  election  oflicei-  without  appointment. 

§  41.     A'iolation  of  election  laws  by  certain  officers  a  felony. 

§  42.     Fraudulent  registration  a  felony. 

§  42a.  Allowing  fraudulent  registration. 

§  43.  Eefusal  to  be  sworn  by  or  to  answer  questions  of  board  of 
judges  of  election  a  misdemeanor. 

§  44.  Eefusal  to  obey  summons  of  board  of  registration  a  mis- 
demeanor. 

§  4o.     Fraudulent  voting. 

§  46.     Attempting  to  vote  when  not  qualified. 

§  47.     Procuring  illegal  voting. 

§  48.     Changing  ballots  or  altering  returns  by  election  officers,  felonies. 

§  49.     Officers  of  election  unfolding  or  marking  ballots. 

§  49a.  Officer  of  election  who  cannot  read  or  write  or  refusing  to  serve. 

§  50.     Forging  or  altering  returns. 

§  50a.  Penalty  for  signing  false  name  to  petitions. 

§  51.     Adding  to  or  subtracting  from  votes  cast. 

§  52.     Persons  aiding  and  abetting  or  concealing  guilty  of  felony. 

§  53.  Intimidating,  corrupting,  deceiving,  or  defrauding  electors,  a 
felony. 

§  54.     Furnishing  money  for  elections  except  for  specific  purposes. 

§  54a.  Receiving  or  contracting  for  any  money  or  thing  of  value  for 
voting  or  not  voting. 

§  54b.  Promising  or  contributing  any  money  or  valuable  consideration 
for  a  person's  voting  or  not  voting. 

§  55.     Unlawful  offers  to  procure  offices  for  electors. 

§  55a.  Soliciting  or  demanding  that  a  candidate  vote  for  or  against 
any  measure  or  bill. 

§  56.     Communicating  such   offer. 

§  57.     Giving  or  offering  bribes  to  members  of  legislative  caucus,  etc. 

§  57a.  Officers  of  election  aiding  in  wrong-doing. 

§  58.     Preventing  public  meetings. 

§  59.     Force,  violence,  or  restraint  nsed  to  influence  vote. 

§  60.     Betting  on  elections. 

§  61.     Violation  of  election  laws  by  persons  not  officers. 

§  62.     Violation  of  election  laws  as  to  tickets. 

§  62a.  Circulation  of  anonymous  circulars  referring  to  political  candi- 
dates, a  misdemeanor. 

§  62b.  Printer  must  put  imprint  on  printed  matter. 

§  63.  United  States  senator,  candidates  for,  must  not  give  or  promise 
pecuniary  aid  to  legislative  candidates. 

§  63i.  Members  of  legislature  shall  not  accept  any  valuable  considera- 
tion. 

§  63b.  Sale  of  intoxicants  on  election  days. 

§  64.     No  prosecution  against  witnesses  testifying  in  election  cases. 

§  64^.  Punishment  of  offenses  against  primary,  election  laws. 

§  64b.  Misrepresentation  in  securing  signers.  Circulation  of  false 
statements.  Petitions  containing  false'  signatures.  Signing 
more  than  once.     Penalty. 

§  40.     Person  acting*  as  election  officer  without  appoint- 
ment.    Any  ijor.son  avIio  acts  as  an  olection  officer  at  any 


25  CRIMES  AGAINST   THE  ELECTIVE  FRANCHISE.  §  42a 

oloctioH,  without  first  hiiAiiif>'  Ixhmi  appointtxl  and  qualified 
as  such,  and  any  person  Avho,  not  being  an  eh^'tion  officer, 
performs  or  discharges  any  of  the  duties  of  an  election  offi- 
cer, in  regard  to  the  handling  or  counting  or  canvassing  of 
any  ballots  cast  at  any  election,  shall  be  guilty  of  a  felony, 
and  on  conviction  be  punished  by  imprisonment  in  the  state 
prison  for  not  less  than  two  nor  more  than  seven  years. 
Legislation  §  40.     Added  by  Stats.  1895,  p.  74. 

§  41.  Violation  of  election  laws  by  certain  officers  a 
felony.  Every  person  charged  Avith  the  performance  of  any 
duty,  under  the  provisions  of  any  law  of  this  state  relating 
to  elections,  who  willfully  neglects  or  refuses  to  perform  it, 
or  who,  in  his  official  capacity,  knoAvingly  and  fraudulently 
acts  in  contravention  or  violation  of  any  of  the  provisions 
of  such  laws,  is,  unless  a  different  punishment  for  such  acts 
or  omissions  is  prescribed  by  this  code,  punishable  by  fine 
not  exceeding  one  thousand  dollars,  or  by  imprisonment  in 
the  state  prison  not. exceeding  five  years,  or  by  both. 

Legislation  §  41.     Enacted    Tebruary    14,    1872;    based    on    Stats. 

1S67-GS,  pp.  647-655. 

§  42.  Fraudulent  registration  a  felony.  Every  person 
Avho  AvillfuUy  causes,  procures,  or  alloAvs  himself  to  be  regis- 
tered ill  any  register  of  electors  required  by  law  to  be  made 
or  kept,  knowing  himself  not  to  be  entitled  to  such  registra- 
tion, is  punishable  by  imprisonment  in  the  state  prison  for 
not  less  than  one  nor  more  than  three  vears.  [Amendment 
approved  1905 ;  Stats.  1905,  p.  639.] 

Legislation  §  42.  1,  Enacted  February  14,  1872  (based  on  Stats. 
1865-66,  p.  299,  §34),  and  then  read:  "Every  person  who  willfully 
causes,  procures,  or  allows  himself  to  be  registered  in  the  great 
register  of  any  county,  knowing  himself  not  to  be  entitled  to  such 
registration,  is  punishable  by  fine  not  exceeding  one  thousand  dol- 
lars, or  by  imprisonment  in  the  county  jail  or  state  prison  not  ex- 
ceeding one  year,  or  by  both.  In  all  cases  where,  on  the  trial  of  a 
person  charged  with  any  offense  under  the  provisions  of  this  sec- 
tion, it  appears  in  evidence  that  the  accused  stands  registered  in 
the  great  register  of  any  county,  without  being  qualified  for  such 
registration,  the  court  must  order  such  registration  to  be  canceled." 

2.  Amendment  by  Stats.  1901,  p.  436;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  639;  the  code  commissioner  saying, 
"The  amendment  conforms  the  section  to  §  21  of  the  Purity  of 
Elections  Act  (Stats.  1893,  p.  12)." 

§  42a.  AUov^ing  fraudulent  registration.  Every  person 
who  willfully  causes,  procures,  or  allows  any  other  person 
to  be  registered  in  any  register  of  electors  required  by  law 
to  be  made  or  kept,  knowing  him  not  to  be  entitled  to  such 


§  45  PENAL    CODE.  2G 

rcgislratioii,    is    [)uiiislial)l('    by    iinpi-isoiiinciit    in    tin;    state 
l)i-isoii  for  not  less  than  one  nor  more  than  tliree  years. 
Legislation  §  42a.     1.  Addition  by  Stats.  1901,  p.  436;  unconstitu- 
tional.    See  note.  §  .l,  ante. 

2.  Added  by  Stats.  1905,  p.  639;  the  code  coinmissioner  saying, 
"This  is  a  codification  of  §  22  of  the  Purity  of  Elections  Act  (Stats. 
1893,  p.  12)." 

§  43.  Refusal  to  be  sworn  by  or  to  answer  questions  of 
board  of  judges  of  election  a  misdemeanor.  Every  person 
who,  after  l)eing  required  by  the  Ijoard  of  judges  at  any 
election,  refuses  to  be  sworn,  or,  being  sworn,  refuses  to 
ansAver  any  pertinent  question,  propounded  by  such  board, 
touching  the  right  of  another  to  vote,  is  guilty  of  a  mis- 
demeanor. [Amendment  approved  1874 ;  Code  Amdts. 
1873-74,  p.  423.] 

Legislation  §  43.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1865-66,  p.  511,  §  5),  and  then  read:  "Every  person  who,  after  being 
required  by  the  board  of  judges  at  any  election,  refuses  to  be  sworn, 
or  who,  after  being  sworn,  refuses  to  answer  any  pertinent  ques- 
tion propounded  by  such  board  touching  his  right,  or  the  right  of 
any  other  person  to  vote,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  423. 

§  44.  Refusal  to  obey  summons  of  board  of  registration 
a  misdemeanor.  ]^]very  person  summoned  to  appear  and 
testify  before  any  board  of  registration,  who  willfully  dis- 
obeys such  summons,  is  guilty  of  a  misdemeanor. 

Legislation  §  44.     Enacted    February    14,    1872;    based    on    Stats. 

1867-68,  p.  652,  §  15. 

§  45.  Fraudulent  voting'.  Every  person  not  .entitled  to 
vote  who  fraudulently  votes,  and  every  person  who  votes 
more  than  once  at  any  one  election,  or  knowingly  hands  in 
two  or  more  tickets,  folded  together,  or  changes  any  ballot 
after  the  same  has  l)een  deposited  in  the  ballot-box,  or  adds, 
or  attempts  to  add,  any  ballot  to  those  legally  polled  at  any 
election,  by  fraudulently  introducing  the  same  into  the  bal- 
lot-box either  before  or  after  the  ballots  therein  have  been 
counted ;  or  adds  to,  or  mixes  with,  or  attempts  to  add  to 
or  mix  with,  the  ballots  lawfully  polled,  other  ballots,  while 
the  same  are  being  counted  or  canvassed,  or  at  any  other 
time,  with  intent  to  change  the  result  of  such  election ;  or 
carries  away  or  destroys,  or  attempts  to  carry  aAvay  or 
destroy,  any  poll-lists,  or  ballots,  or  ballot-box,  for  the  pur- 
pose of  breaking  up  or  invalidating  such  election,  or  Avill- 
fuUy  detains,  mutilates,  or  destroys  any  election  returns,  or 
in  any  manner  so  interferes  with  the  officers  holding  such 
election  or  conducting  such  canvass,  or  with  the  voters  law- 


27  CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE.  §  47 

fully  exercising  their  rights  of  voting  at  such  election,  as  to 
prevent  such  election  or  canvass  fi-oni  being  fairly  held  and 
laAvfuly    conducted,    is    guilty    of    a    felony.      [Amendment' 
approved  1905;  Stats.  1905,  p.  639.] 

Legislation  §  45.  1.  Enacted  February  14,  1872;  based  ou  Stats. 
1855,  p.  296,  §  1;  Stats.  1858,  p.  165,  §  1. 

2.  Amendmeut  by  Stats.  1901,  p.  436;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  639,  (1)  omitting  the  word  "either" 
before  "by  fraudulently  introducing"  and  inserting  it  before  the 
words  "before  or  after  the  ballots";  (2)  changing  "poll-list"  to 
"poll-lists";  (3)  adding  the  article  "a"  before  "felony"  at  end  of 
section;  the  code  commissioner  saying,  "Two  clerical  errors  are  cor- 
rected. The  word  'illegally,'  before  'polled,'  is  changed  to  'legally' 
[the  code  commissioner  is  in  error;  the  word  "legally"  is  correctly 
printed  in  the  original  code].;  and  the  word  'either'  is  omitted  after 
'elector,'   [sic]   and  inserted  between   'ballot-box'  and  'before.'  " 

§  46.  Attempting  to  vote  when  not  qualified.  Every  per- 
son not  entitled  to  vote,  who  fraudulently  attempts  to  vote, 
or  who,  being  entitled  to  vote,  attempts  to  vote  more  than 
once  at  any  election,  or  who  personates,  or  attempts  to 
personate,  a  person  legally  entitled  to  vote,  is  punishable 
by  imprisonment  in  the  state  prison  for  not  less  than  one 
nor  more  than  two  years.  [Amendment  approved  1905 ; 
Stats.  1905,  p.  640.] 

Legislation  §  46.  1.  Enacted  February  14,  1872  (based  on  Elec- 
tions Act,  Stats.  1S50,  p.  Ill,  §  101),  and  then  read:  "Every  person 
not  entitled  to  vote,  who  fraudulently  attempts  to  vote,  or  who, 
being  entitled  to  vote,  attempts  to  vote  more  than  once  at  any  elec- 
tion, is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  437;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  640;  the  code  commissioner  saying, 
"§24  of  the  Purity  of  Elections  Act  (Stats.  1893,  p.  32)  is  here 
codified." 

§  47.  Procuring'  illegal  voting.  Every  person  who  pro- 
cures, assists,  counsels,  or  advises  another  to  give  or  offer 
his  vote  at  any  election,  knowing  that  the  person  is  not 
qualified  to  vote,  or  who  aids  or  abets  in  the  commission  of 
any  of  the  offenses  mentioned  in  the  preceding  section,  is 
punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing two  years.  [Amendment  approved  1905;  Stats.  1905, 
p.  640.] 

Legislation  §  47.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1865-66,  p.  511,  §8),  and  then  read:  "Every  person  who  procures, 
aids,  assists,  counsels,  or  advises  another  to  give  or  offer  his  vote 
at  any  election,  knowing  that  the  person  is  not  qualified  to  vote, 
is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  437;  unconstitutional.  See  note, 
§  5,  ante. 


;:;  40  PENAL   CJODIO.  28 

3.  Amended  by  Stats.  1905,  p.  640;  the  code  commissioner  aaying, 
"§28  of  tiie  Piiiity  of  iOIectious  Act  (Stats.  1893,  p.  12)  is 'here 
codified." 

§  48.  Changing  ballots  or  altering  returns  by  election 
officers,  felonies.  Im-ci-v  ofdcor  or  elork  of  oloetioii  wlio  aids 
ill  (•li;in<;iii<i-  of  doslfoyinp:  any  poll-list,  ov  in  placiiip^  any 
hnllols  in  tlio  ballot-box,  or  taking-  any  therefrom,  or  adds, 
or  attempts  to  add,  any  ballots  to  those  legally  polled  at 
such  election,  either  by  fraudulently  introducing  the  same 
into  the  ballot-box  before  or  after  the  ballots  therein  have 
been  counted,  or  adds  to  or  mixes  with,  or  attempts  to  add 
to  or  mix  with  the  ballots  polled  any  other  ballots,  while 
the  same  are  being  counted  or  canvassed,  or  at  any  other 
time,  Avith  intent  to  change  the  result  of  such  election,  or 
allows  another  to  do  so,  Avhcn  in  his  power  to  prevent  it, 
or  carries  away  or  destroys,  or  knowingly  allows  another  to 
carry  away  or  destroy  any  poll-list,  ballot-box,  or  ballots 
lawfully  polled,  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  two  nor  more  than  seven  years. 

Legislation  §  48.     Enacted    February    14,    1872;    based    on    Stats. 

1858,  p.  165,  §  2, 

§  49.     Officers  of  election  unfolding-  or  marking  ballots. 

Every  inspector,  judge,  or  clerk  of  an  election  Avho,  previ- 
ously to  putting  the  ballot  of  an  elector  in  the  ballot-box, 
attempts  to  find  out  any  name  on  such  ballot,  or  who  opens 
or  suffers  the  folded  ballot  of  any  elector  which  has  been 
handed  in,  to  be  opened  or  examined  previously  to  putting 
the  same  into  the  ballot-box,  or  who  makes  or  places  any 
mark  or  device  on  any  folded  ballot  with  a  view  to  ascer- 
tain the  name  of  any  person  for  whom  the  elector  has  voted, 
or  who,  without  the  consent  of  the  elector,  discloses  the  name 
of  any  person  which  such  inspector,  judge,  or  clerk  has 
fraudulently  or  illegally  discovered  to  have  been  voted  for 
by  such  elector,  is  punishable  by  a  fine  of  not  less  than  fifty 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  thirty  days  nor  more  than 
six  months,  or  by  both  such  fine  and  imprisonment. 
[Amendment  approved  1905;  Stats.  1905,  p.  640.] 

Legislation  §  49.  1.  Enacted  February  14,  1872  (based  on  Stats, 
1863,  p.  398,  §  1),  and  then  had  (1)  the  word  "previous"  instead  of 
"previously"  in  both  instances;  (2)  the  words  "by  fine,  not  less," 
instead  of  "by  a  fine  of  not  less";  (3)  the  section  then  ending  with 
the  words  "five  hundred  dollars." 

2.  Amendment  by  Stats.  1901,  p.  437;  unconstitutional.  See  note. 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  640;  the  code  commissioner  saying 
of  the  addition  at  the  end  of  the  section,  "§  42  of  the  Purity  of 
Elections  Act   (Stats.   1893,  p.  12)   is  here  codified." 


29  CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE.  §  oUu 

§  49a.  Officer  of  election  who  cannot  read  or  write  or 
refusing"  to  serve.  Any  person  acting  as  a  inembci'  of  any 
election  board,  or  as  a  clerk  upon  such  board,  who  cannot 
read  and  Avrite  the  English  language,  or  any  person  who 
refuses  to  act  upon  such  board,  or  as  a  clerk  thereof,  after 
proper  notification  of  his  appointment,  w^ho  is  otherwise 
eligible,  unless  good  and  sufficient  cause  for  such  refusal  is 
shown  to  the  election  board  or  board  of  supervisors,  is 
guilty  of  a  misdemeanor,  and  is  subject  to  a  fine  of  five  hun- 
dred dollars,  and  upon  failure  to  pay  such  fine,  must  be  im- 
prisoned in  the  county  jail  of  the  county  for  the  period  of 
one  day  for  each  two  dollars  of  such  fine. 

Legislation  §  49a.  1.  Addition  by  Stats.  1901,  p.  437;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  640;  the  code  commissioner  saying, 
"This  is  the  last  sentence  of  §  1142  of  the  Political  Code,  the  matter 
being  of  a  nature  which  has  an  appropriate  place  in  this  code." 

§  50.  Forging"  or  altering  returns.  Every  person  who 
forges  or  counterfeits  returns  of  an  election  purporting  to 
have  been  held  at  a  precinct,  town,  or  ward  where  no  elec- 
tion was  in  fact  held,  or  willfully  substitutes  forged  or 
counterfeit  returns  of  election  in  the  place  of  true  returns 
for  a  precinct,  town,  or  ward  where  an  election  was  actually 
held,  is  punishable  by  imprisonment  in  the  state  prison  for 
a  term  not  less  than  two  nor  more  than  seven  years. 
[Amendment  approved  1905;  Stats.  1905,  p.  641.] 

Legislation  §  50.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1S63,  p.  399,  §  1. 

2.  Amendment  by  Stats.  1901,  p.  437;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  641,  (1)  omitting  "the"  before  "true 
returns";  (2)  substituting  "seven"  for  "ten"  before  "years"  at  end 
of  section;  the  code  commissioner  saying,  "This  is  a  codification  of 
the  first  sentence  of  §  27  of  the  Purity  of  Elections  Act  (Stats.  1893, 
p.  12)." 

§  50a.     Penalty    for    signing'    false    name    to    petitions. 

Every  person  Avho  subscribes  to  any  initiative,  referendum 
or  recall  petition  or  to  any  nominating  petition  a  fictitious 
name,  or  Avho  subscribes  thereto  the  name  of  another  is 
guilty  of  a  felony  and  is  punishable  by  imprisonment  in  the 
state  prison  for  not  less  than  one  nor  more  than  fourteen 
years. 

Legislation  §  50a.     Added  by  Stats.  1915,  p.  51. 

Note.  This  section  was  added  by  chapter  43  of  the  statutes  of 
1915,  p.  51.  The  title  of  the  act  read,  "An  act  to  add  a  new  section 
to  the  Penal  Code  to  be  numbered  fifty  a."  The  enacting  portion 
of  the  same  act  read,  "There  is  hereby  added  to  the  Penal  Code  a 
new   section   to   be   numbered    section   four   hundred   and   seventy- 


§  53  PENAL    CODE.  30 

two  a."     To  a\oi(l  tlic  confusion   lial)lo  1o  arise  over  t'nc  difference 
in  tliL>  nunihors,  the  section  has  been   inserted   under  both  numbers. 

§  51.  Adding  to  or  subtracting  from  votes  cast.  Every 
person  avIio  willi'ully  adds  to,  or  su])tracts  from,  the  votes 
actually  cast  at  an  election,  in  any  official  or  unofficial  re- 
turns, or  who  alters  such  returns,  is  punishahle  ])y  impris- 
onment in  the  state  prison  foi*  not  less  than  one  nor  more 
than  five  years.  [Amendment  approved  ]005;  Stats.  1905, 
p.  461.] 

Legislation  §  51.     1.  Enacted  February  14,  1872;  based  on  Stats. 

]S03,  p.  399,  §  1. 

2.  Amendment  by  Stats.  1901,  p.  438;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  461,  adding  "official  or  unofficial" 
before  "returns";  the  code  commissioner  saying,  "This  is  a  codifi- 
cation of  the  second  sentence  of  §  27  of  the  Purity  of  Elections  Act 
(Stats.   1893,  p.   12)." 

§  52.  Persons  aiding  and  abetting  or  concealing  guilty 
of  felony.  Every  person  who  aids  or  abets  in  the  commis- 
sion of  any  of  the  offenses  mentioned  in  the  four  preceding 
sections,  is  punishable  l)y  imprisonment  in  the  county  jail 
for  the  period  of  six  months,  or  in  the  state  prison  not 
exceeding  tw^o  years.  [Amendment  approved  1874;  Code 
Amdts.  1873-74,  p.  423.] 

Legislation  §  52.  1,  Enacted  February  14,  1872  (based  on  Stats. 
1863,  p.  399,  §  1),  and  then  read':  "Every  person  who  aids  or  abets 
in  the  commission  of  any  of  the  offenses  mentioned  in  the  four  pre- 
ceding sections,  or  who,  being  present  at  or  cognizant  of  the  com 
mission  of  either  of  such  offenses,  does  not  give  information  thereof 
as  soon  as  practicable  to  the  district  attorney  or  grand  jury  of  the 
,  proper  county,  or  to  some  justice  of  the  peace  of  such  county,  is 
punishable  by  imprisonment  in  the  county  jail  for  the  period  of 
six  months,  or  in  the  state  prison  not  exceeding  two  years." 
2.  Amended  by  Code  Amdts.  1873-74,  p.  423. 

§  53.  Intimidating,  corrupting,  deceiving,  or  defrauding 
electors,  a  felony.  Every  person  who,  by  force,  threats, 
menaces,  bribery,  or  any  corrupt  means,  either  directly  or 
indirectly,  attempts  to  influence  any  elector  in  giving  his 
vote,  or  to  deter  him  from  giving  the  same ;  or  attempts  by 
any  means  Avhatever  to  awe,  restrain,  hinder,  or  disturb  any 
elector  in  the  exercise  of  the  right  of  suffrage,  or  furnishes 
any  elector  wishing  to  vote,  who  cannot  read,  wdth  a  ticket, 
informing  or  giving  such  elector  to  understand  that  it  con- 
tains a  name,  written  or  printed  thereon,  different  from  the 
name  which  is  written  or  printed  thereon,  or  defrauds  any 
elector  at  any  such  election  by  deceiving  and  causing  such 
elector  to  vote  for  a  different  person  for  any  office  than  he 
intended  or  desired  to  vote  for;  or  who,  being  inspector. 


31  CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE.  §  54a 

judge,  or  clerk  of  any  election,  while  acting  as  such,  in- 
duces or  attempts  to  induce  any  elector,  either  by  menace 
or  reward,  or  promise  thereof,  to  vote  differently  from  what 
such  elector  intended  or  desired  to  vote,  is  guilty  of  felony. 
[Amendment  approved  1893;  Stats.  1893,  p.  7.] 

Legislation  §  53.  1.  Enacted  February  14,  1872;  based  on  Elec- 
tions Act,  Stats.  1850,  p.  110,  §  98. 

2.  Amended  by  Stats.  1893,  p.  7,  (1)  omitting  "free"  before  "exer- 
cise of  the  right  of  suffrage,"  and  (2)  substituting  "felony"  for  "a 
misdemeanor"  at  end  of  section. 

§  54.  Furnishing  money  for  elections  except  for  specific 
purposes.  Every  person  who,  with  intent  to  promote  the 
election  of  himself  or  any  other  person,  either — 

1.  Furnishes  entertainment  at  his  expense  to  any  meeting 
of  electors  previous  to  or  during  an  election ; 

2.  Pays  for,  procures,  or  engages  to  pay  for  any  such  en- 
tertainment ; 

3.  Furnishes  or  engages  to  pay  or  deliver  any  money  or 
property  for  the  purpose  of  procuring  the  attendance  of 
voters  at  the  polls,  or  for  the  purpose  of  compensating  any 
person  for  procuring  attendance  of  voters  at  the  polls,  excei)i 
for  the  conveyance  of  voters  Avho  are  sick  or  infirm ; 

4.  Furnishes  or  engages  to  pay  or  deliver  any  money  or 
property  for  any  purpose  intended  to  promote  the  election 
of  any  candidate,  except  for  the  expenses  of  holding  and  con- 
ducting public  meetings  for  the  discussion  of  public  ques- 
tions and  of  printing  and  circulating  ballots,  hand-bills  and 
other  papers  previous  to  such  election ; 

— Is  guilty  of  a  misdemeanor. 

Buying  appointment  to  office:  Post,  §  73. 

Legislation  §  54.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  65. 

§  54a.  Receiving'  or  contracting'  for  any  money  or  thing 
of  value  for  voting'  or  not  voting.  It  is  unlawful  for  any 
person,  directly,  by  himself,  or  through  any  other  person : 

1.  To  receive,  agree,  or  contract  for,  before  or  during  an 
election,  any  money,  gift,  loan,  or  other  valuable  considera- 
tion, office,  place,  or  employment,  for  himself  or  any  other 
person,  for  voting  or  agreeing  to  vote,  or  for  coming  or 
agreeing  to  come  to  the  polls,  or  for  refraining  or  agreeing 
to  refrain  from  voting,  or  for  voting  or  agreeing  to  vote,  or 
refraining  or  agreeing  to  refrain  from  voting,  for  any  par- 
ticular person  or  persons  at  any  election ; 

2.  To  receive  any  money,  or  other  valuable  thing,  during 
or  after  an  election,  on  account  of  himself  or  any  other  per- 
son having  voted,  or  refrained  from  voting,  for  any  par- 


§  54b  PENAL    CODE.  32 

ticular  i)orsoii  or  persons  ;it  such  election,  or  on  aceounl  of 
hiniselL'  or  any  other  ])oi"soii  having-  conic  to  the  polls  oi' 
remained  away  from  the  polls  at  such  election,  or  on  ac- 
count of  having  induced  any  other  person  to  vote  or  refrain 
from  voting,  or  to  vote  or  refrain  from  voting  for  any  par- 
ticular person  or  persons,  or  to  come  to  or  remain  away  from 
the  polls  at  such  election; 

3.  To  receive  any  money  or  other  valuable  thing,  before, 
during,  or  after  election,  on  account  of  himself  or  any  other 
person  having  voted  to  secure  the  election  or  indorsement 
of  any  other  person  as  the  nominee  or  candidate  of  any  con- 
vention, organized  assemblage  of  delegates,  or  other  bod}^ 
representing,  or  claiming  to  represent,  a  political  party  or 
principle,  or  any  club,  society,  or  association,  or  on  account 
of  himself  or  any  other  person  having  aided  in  securing  the 
selection  or  indorsement  of  any  other  person  as  a  nominee 
or  candidate  as  aforesaid. 

Every  person  who  commits  any  of  the  offenses  mentioned 
in  this  section  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  nor  more  than  seven  years. 

Legislation  §  54a.  1.  Addition  by  Stats.  1901,  p.  438;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  641;  the  code  commissioner  saying, 
"§  20  of  the  Purity  of  Elections  Act  (Stats.  1893,  p.  12)  is  here 
codified." 

§  54b.  Promising'  or  contributing  any  money  or  valuable 
consideration  for  a  person's  voting  or  not  voting.  Tt  is  un- 
lawful for  any  person,  directly  or  indirectly,  by  himself  or 
through  any  other  person : 

1.  To  pay,  lend,  or  contribute,  or  offer  or  promise  to  pay, 
lend,  or  contribute,  any  money  or  other  valuable  considera- 
tion to  or  for  any  voter,  or  to  or  for  any  other  person,  to 
induce  such  voter  to  vote  or  refrain  from  voting  at  any  elec- 
tion, or  to  induce  any  voter  to  vote  or  refrain  from  voting 
at  such  election  for  any  particular  person  or  persons,  or  to 
induce  such  voter  to  come  to  the  polls  or  remain  aAvay  from 
the  polls  at  such  election,  or  on  account  of  such  voter  having 
voted  or  refrained  from  voting,  or  having  voted  or  refrained 
from  voting  for  any  particular  person,  or  having  come  to 
the  polls  or  remained  away  from  the  polls  at  such  election ; 

2.  To  give,  offer,  or  promise  any  office,  place,  or  employ- 
ment, or  to  promise  to  procure,  or  endeavor  to  procure,  any 
office,  place  or  employment  to  or  for  any  voter,  or  to  or  for 
any  other  pei;son,  in  order  to  induce  such  voter  to  vote  or 
refrain  from  voting  at  any  election,  or  to  induce  any  voter 
to  vote  or  refrain  from  voting  at  such  election  for  any  par- 
ticular person  or  persons ; 


33  CRIMES  AGAINST  THE  ELECTIVE   FRANCHISE.  §  54b 

3.  To  make  any  gift,  loan,  promise,  offer,  procnvement, 
or  agreement,  as  aforesaid,  to,  for,  or  with  any  person,  in 
order  to  induce  such  person  to  procure,  or  endeavor  to  pro- 
cure, the  election  of  any  j^erson,  or  the  vote  of  any  voter  at 
any  election ; 

4.  To  procure,  engage,  promise,  or  endeavor  to  procure, 
in.  consequence  of  any  such  gift,  loan,  offer,  promise,  pro- 
curement, or  agreement,  the  election  of  any  person,  or  the 
^'ote  of  any  voter  at  such  election ; 

5.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
with  the  intent  that  the  same,  or  any  part  thereof,  shall  be 
used  in  bribery  at  any  election ;  or  to  knowingly  pay,  or 
cause  to  be  paid,  any  money  or  other  valuable  thing  to  any 
person  in  discharge  or  repayment  of  any  money,  wholly  or 
in  part,  expended  in  bribery  at  any  election ; 

6.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
with  the  intent  that  the  same,  or  any  part  thereof,  shall  be 
used  for  boarding,  lodging,  or  maintaining  a  person  at  any 
place  or  domicile  in  any  election  precinct,  ward,  or  district, 
with  intent  to  secure  the  vote  of  such  person,  or  to  induce 
such  person  to  vote  for  any  particular  person  or  persons  at 
any  election ; 

7.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
with  the  intent  that  the  same,  or  any  part  thereof,  shall  be 
used  to  aid  or  assist  any  person  to  evade  arrest,  who  is 
charged  with  the  commission  of  a  crime  against  the  elective 
franchise,  for  which,  if  the  person  were  convicted,  the  pun- 
ishment would  be  imprisonment  in  the  state  prison ; 

8.  To  advance  or  pay,  or  cause  to  be  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
in  consideration  of  being  selected  or  indorsed  as  the  candi- 
date of  any  convention,  organized  assem1:)lage  of  delegates, 
or  other  body,  representing,  or  claiming  to  represent,  a 
political  party  or  principle,  or  any  club,  society,  or  associa- 
tion, for  a  public  office,  or  in  consideration  of  the  selection 
or  indorsement  of  any  other  person  as  a  candidate  for  a 
public  office,  or  in  consideration  of  any  member  of  a  conven- 
tion, club,  society,  or  association  having  voted  to  select  or 
indorse  any  person  as  a  candidate  for  a  public  office,  except 
that  a  candidate  for  nomination  to  a  public  office  may  con- 
tribute such  proportion  of  the  cost  and  expense  of  holding 
a  primary  election  as  is  authorized  by  the  Political  Code  of 
this  state,  and  no  more  ; 

Pen.  Code — 3 


§  5G  PENAL    CODE.  34 

9.  To  aclvaneo  or  pay,  or  cause  to  1)6  paid,  any  money  or 
other  valuable  thing  to  or  for  the  use  of  any  other  person, 
in  consideration  of  a  person  withdrawing  as  a  candidate 
for  a  public  office. 

Every  person  who  conimits  any  ol"  the  offenses  mentioned 
in  this  section  is  punisbable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  year  nor  more  than  seven  years. 
Legislation  §  54b.     1.  Addition  by  Stats.  1901,  p.  438;  unconstitu- 
tional.    Sco  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  642;'  the  code  commissioner  saying, 
"§  19  of  the  Purity  of  Elections  Act  (Stats.  1893,  p.  12)  is  here 
codified." 

§  55.     Unlawful    offers   to    procure    offices    for   electors. 

Every  person  who,  being  a  candidate  at  any  election,  offers 
or  agrees  to  ajjpointor  procure  the  appointment  of  any  par- 
ticular person  to  office,  as  an  inducement  or  consideration 
to  any  person  to  vote  for,  or  procure  or  aid  in  procuring  the 
election  of  such  candidate,  is  guilty  of  a  misdemeanor. 

Legislation  §  55.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  63. 

2.  Amendment  by  Stats.  1901,  p.  440;  unconstitutional.  See  note, 
§  5,  ante.. 

§  55a.  Soliciting  or  demanding'  that  a  candidate  vote  for 
or  against  any  measure  or  bill.  Any  person,  either  individ- 
ually or  as  an  officer  or  member  of  any  committee  or  associa- 
tion, who  solicits  or  demands  of  any  candidate  for  the  legis- 
lature, supervisor,  school  director,  or  for  any  legislative  body, 
that  he  shall  vote  for  or  against  any  particular  bill  or  meas- 
ure which  may  come  before  such  body  to  which  he  may  be 
elected,  and  any  candidate  for  any  of  such  offices  who  signs 
or  gives  any  pledge  that  he  will  vote  for  or  against  any  par- 
ticular bill  or  measure  that  may  be  brought  before  any  such 
body,  is  guilty  of  a  misdemeanor;  and  any  candidate  con- 
victed under  the  j:)rovisions  of  this  section  is,  in  addition, 
disqualified  from  holding  the  office  to  which  he  may  have 
been  elected.  The  provisions  of  this  section  do  not  apply 
to  any  pledge  or  promise  that  any  such  candidate  may  give 
to  a  convention  by  which  he  may  be  nominated  for  any  such 
office,  or  to  those  who  sign  a  certificate  for  his  nomination. 
Legislation  §  55a.  1.  Addition  by  Stats.  1901,  p.  440;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  643;  the  code  commissioner  saying, 
"This  is  a  codification  of  the  statute  of  1897  to  protect  candidates 
for  public  office  (Stats.  1897,  p.  53)." 

§  56.  Communicating  such  offer.  Every  person,  not  be- 
ing a  candidate,  who  communicates  any  offer,  made  in  vio- 
lation of  the  last  section,  to  any  person,  with  intent  to  in- 


35  CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE.  §  57a 

ducc  hiiu  to  vote  for  or  to  procure  or  aid  in  procuring  the 
election  of  the  candidate  making  the  offer,  is  guilty  of  a 
misdemeanor. 

Legislation  §  56.  Enacted  Februarj'  14,  1872;  based  on  Field's 
Draft,  §  64. 

§  57.  Giving-  or  offering*  bribes  to  members  of  legislative 
caucus,  etc.  Every  person  who  gives  or  offers  a  bribe  to 
any  officer  or  member  of  any  legislative  caucus,  political 
convention,  committee,  primary  election,  or  political  gather- 
ing of  any  kind,  held  for  the  purpose  of  nominating  candi- 
dates for  offices  of  honor,  trust,  or  profit,  in  this  state,  with 
intent  to  influence  the  person  to  whom  such  bribe  is  given 
or  offered  to  be  more  favorable  to  one  candidate  than 
another,  and  every  person,  member  of  either  of  the  bodies 
in  this  section  mentioned,  who  receives  or  offers  to  i-eceive 
any  such  bribe,  is  punishable  by  imprisonment  in  the  state 
prison  not  less  than  one  nor  more  than  seven  years. 
[Amendment  approved  1905;  Stats.  1905,  p.  644.] 

Legislation  §  57.     1.  Enacted  February  14,  1872;  based  on  Crimes 

and  Punishment  Act,  Stats.  1850,  p.  239,  §§  84,  85,  86;   Stats.  1863, 

p.  645,  §§  1,  2,  3. 

2.  Amendment  by  Stats.  1901,  p.  440;  unconstitutional.  See  note 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  644,  changing  "fourteen  years"  to 
"seven  years"  at  end  of  section;  the  code  commissioner  saying,  "con- 
forming the  section  to  §  25  of  the  Purity  of  Elections  Act  (Stats. 
1893,  p.  12)." 

§  57a.  Officers  of  election  aiding  in  wrong-doing.  Every 
officer  or  clerk  of  election  who  aids  in  changing  or  destroy- 
ing any  poll-list  or  official  ballot,  or  in  wrongfully  placing 
any  ballots  in  the  ballot-box,  or  in  taking  any  therefrom,  or 
adds,  or  attempts  to  add,  any  ballots  to  those  legally  polled 
at  such  election,  either  by  fraudulently  introducing  the  same 
into  the  ballot-box,  before  or  after  the  ballots  therein  have 
been  counted,  or  adds  to  or  mixes  with,  or  attempts  to  add 
to  or  mix  with,  the  ballots  polled,  any  other  ballots,  while 
the  same  are  being  counted  or  canvassed,  or  at  any  other 
time,  with  intent  to  change  the  result  of  such  election,  or 
allows  another  to  do  so,  when  in  his  power  to  prevent  it,  or 
carries  away  or  destroys,  or  knowingly  allows  another  to 
carry  away  or  destroy,  any  poll-list,  ballot-box,  oi-  ballots 
lawfully  polled,  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  two  nor  more  than  seven  years. 

Legislation  §  57a.  1.  Addition  by  Stats.  1901,  p.  440;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  644;  the  code  commissioner  saying, 
"This  is  a  codification  of  §  26  of  the  Purity  of  Elections  Act  (Stats. 
1893,  p.  12)." 


§  59  PENAIi    CODB.  36 

§  58.  Preventing  public  meetings.  Every  person  who.  by 
threats,  intiniidntioiis,  or  uiilnwl'ul  violence,  willfully  hinders 
or  prevents  electors  from  asseiii])li]ig  in  public  meeting  for 
the  considei-ition  of  public  (piestions,  is  guilty  of  a  misde- 
meanor. 

Disturbing  public  meeting:   See  jxist,  § -in;;. 

Legislation  §  58.     Enacted     February     14,     1872;     identical     with 
Field's  Draft,  §  SO. 

§  59.     Force,  violence,  or  restraint  used  to  influence  vote. 

It  is  unlawful  for  any  person,  directly  or  indirectly,  ])y  liim- 
self  or  any  other  person  in  his  behalf,  to  make  use  of,  or 
threaten  to  make  use  of,  any  force,  violence,  or  restraint,  or 
to  inflict  or  threaten  the  infliction,  by  himself  or  through 
any  other  pers(5n,  of  ain^  injury,  damage,  harm,  or  loss,  or 
in  any  manner  to  practice  intimidation  upon  or  against  any 
person,  in  order  to  induce  or  comj^el  such  person  to  vote  or 
refrain  from  voting  at  any  election,  or  to  vote  or  refrain 
from  voting  for  any  particular  person  or  persons  at  any  elec- 
tion, or  on  account  of  such  person  or  persons  at  any  elec- 
tion, or  on  account  of  such  person  having  voted  or  refi'ained 
from  voting  at  any  election.  And  it  is  unlawful  for  any 
person,  by  abduction,  duress,  or  any  forcible  or  fraudulent 
device  or  contrivance  whatever,  to  impede,  prevent,  or  other- 
wise interfere  with  the  free  exercise  of  the  elective  fran- 
chise by  any  voter ;  or  to  compel,  induce,  or  prevail  upon 
any  voter  either  to  give  or  refrain  from  giving  his  vote  at 
any  election,  or  to  give  or  refrain  from  giving  his  vote  for 
any  particular  person  or  persons  at  any  election,  Tt  is  not 
lawful  for  any  employer,  in  paying  his  employees  the  salary 
or  wages  due  them,  to  inclose  their  pay  in  ''pay-envelopes" 
upon  which  there  is  written  or  printed  the  name  of  any 
candidate,  or  any  political  mottoes,  devices,  or  arguments 
containing  threats,  express  or  implied,  intended  or  calcu- 
lated to  influence  the  political  opinions  or  actions  of  such 
employees.  Nor  is  it  lawful  for  any  employer,  within  ninety 
days  of  an  election,  to  put  up  or  otherwise  exhibit  in  his 
factory,  Avorkshop,  or  other  establishment  or  place  where  his 
workmen  or  employees  may  be  Avorking,  any  hand-bill  or 
placard  containing  any  threat,  notice,  or  information,  that 
in  cast2  any  particular  ticket  of  a  political  party,  or  organiza- 
tion, or  candidate  shall  be  elected,  Avork  in  his  place  or  estab- 
lishment Avill  cease,  in  AA'-hole  or  in  part,  or  his  place  or 
establishment  be  closed  up,  or  the  salaries  or  Avages  of  his 
Avorkmcn  or  employees  be  reduced,  or  other  threats,  express 
or  implied,  intended  or  calculated  to  influence  the  political 
opinions  or  actions  of  his  Avorkmen  or  employees.     This  sec- 


37  CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE.  §  62 

tion  applies  to  corporations  as  well  as  individuals,  and  any 
person  or  corporation  violating  the  provisions  of  this  section 
is  guilty  of  a  misdemeanor,  and  any  corporation  violating 
this  section  shall  forfeit  its  chai'ter.  [Amendment  approved 
1905;  Stats.  1905,  p.  644.] 

Legislation  §  59.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  79),  and  then  read:  "Every  person  who  willfully  disturbs  or 
breaks  up  any  public  meeting  of  electors  or  others,  lawfully  being 
held  for  the  purpose  of  considering  public  questions,  is  guilty  of  a 
misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  441;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  644;  the  code  commissioner  saying, 
"This  is  a  codification  of  §  41  of  the  Puritv  of  Elections  Act  (Stats. 
1893,  p.  12)." 

§  60.  Betting  on  elections.  Every  person  who  makes, 
offers,  or  accepts  any  bet  or  wager  upon  the  result  of  any 
election,  or  upon  the  success  or  failure  of  any  person  or 
candidate,  or  upon  the  number  of  votes  to  be  cast,  either  in 
the  aggregate  or  for  any  particular  candidate,  or  upon  the 
vote  to  be  cast  by  any  person,  is  guilty  of  a  misdemeanor. 
Legislation  §  60.     Enacted   February    14,    1872;    based    on    Field's 

Draft,  §  62. 

§  61.     Violation  of  election  laws  by  persons  not  officers. 

Every  person  who  willfully  violates  any  of  the  provisions  of 
the  laws  of  this  state  relating  to  elections  is,  unless  a  differ- 
ent punishment  for  such  violation  is  prescribed  by  this  code, 
punishable  by  fine  not  exceeding  one  thousand  dollars,  or  by 
imprisonment  in  the  state  prison  not  exceeding  five  years,  or 
by  both. 

Election  laws  of  state:  See  Pol.  Code,  Part  III,  Title  IT,  §§  1041- 
1375. 

Legislation  §  61.     Enacted  February  14,  1872. 

§  62.  Violation  of  election  laws  as  to  tickets.  Every 
person  who  prints  any  ticket  not  in  conformity  with  the 
provisions  of  chapter  eight  of  title  two  of  part  three  of  the 
Political  Code,  or  who  circulates  or  gives  to  another  any 
ticket,  knoAving  at  the  time  that  such  ticket  does  not  con- 
form to  the  provisions  of  chapter  eight  of  title  two  of  part 
three  of  the  Political  Code,  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1905;  Stats.  1905,  p.  645.] 

Legislation  §  62.  1.  Added  by  Code  Amdts.  1873-74,  p.  456,  antt 
then  read:  "Every  person  who  prints  any  ticket  not  in  conformity 
with  section  one  thousand  one  hundred  and  ninety-one  of  the  Po- 
litical Code,  or  who  circulates  or  gives  to  another  any  ticket,  know- 
ing at  the  time  that  such  ticket  does  not  conform  to  the  provisions 


§  63  PENAL    CODE.  38 

of  section  one  Ihuiisaiul  one  luindrt'il  ainl  niiiety-onc  of  tlio  Polilic-il 
Code,  is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  ji.  142;  unconstitutional.  Hee  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  645;  the  code  commissioner  saying. 
"§  1191  does  not  treat  of  the  form  of  election  ballots,  and  the  old 
form  of  reference  is  tliereforc  inapplicable." 

§  62a.  Circulation  of  anonymous  circulars  referring*  to 
political  candidates,  a  misdemeanor.  Every  pci-soii  wlio  in- 
tentionally "writes,  ])rints,  jiosts,  or  distributes,  or  causes  to 
be  written,  printed,  posted,  or  distributed,  any  circular, 
pamphlet,  letter,  or  poster  which  is  designed  or  intended  to 
injure  or  defeat  any  candidate  for  nomination  or  election 
to  any  public  office  by  reflecting  upon  his  personal  character 
or  political  action,  unless  there  appears  upon  such  circular, 
pamphlet,  letter,  or  poster,  in  a  conspicuous  place,  either  the 
name  of  the  chairman  and  secretary  or  the  names  of  two 
officers  at  least  of  the  political  or  other  organization  issuing 
the  same,  or  the  name  and  residence,  with  the  street  and 
number  thereof,  if  any,  of  some  voter  of  this  state,  and  re- 
sponsible therefor,  shall  be  guilty  of  a  misdemeanor. 
Legislation  §  62a.     Added  by  Stats.  1901,  p.  297. 

§  62b.     Printer    must    put    imprint    on    printed    matter. 

Every  person  who  prints  any  circular,  pamphlet,  letter,  or 
poster  of  the  kind  or  character  mentioned  in  section  sixty- 
two  a  of  this  code,  without  adding  thereto  his  name,  showing 
the  printing-office  at  which  the  same  was  printed,  is  guilty 
of  a  misdemeanor. 

Legislation  §  62b.     Added  by  Stats    1901,  p.  298. 

§  63.  United  States  senator,  candidates  for,  must  not  give 
or  promise  pecuniary  aid  to  legislative  candidates.  Every 
candidate  for  United  States  senator  at  an  approacliing  ses- 
sion of  the  legislature,  and  every  person  acting  for  or  on 
behalf  of  any  such  candidate  for  senator  in  the  Congress  of 
the  United  States  at  an  approaching  session  of  the  legis- 
lature, who  shall  advan.ce  or  give  or  loan,  or  promise  to 
advance  or  give  or  loan,  any  money  or  property  to  any 
candidate  for  the  legislature,  before  or  after  his  nomination, 
or  before  or  after  his  election,  under  an  express  or  implied 
promise  that  such  candidate  for  the  legislature  (whether 
nominated  or  not,  or  before  or  after  his  election)  w411  sup- 
port or  vote  for  such  candidate  for  senator  in  the  Congress 
of  the  United  States  at  an  approaching  session  of  the  legis- 
lature, shall  be  deemed  guilty  of  a  felony.  The  advancing, 
giving,  or  loaning  of  money  or  property,  or  the  promise  to 
advance,  give,  or  loan  money  or  property  to  any  candidate 


39  CRIMES  AGAINST  THE  ELECTIVE  FRANCHISE.  §  63b 

for  the  legislature,  by  any  candidate  for  senator  as  afore- 
said, or  by  any  person  for  him,  or  on  his  behalf,  as  aforesaid, 
shall  be  deemed  prima  facie  proof  of  an  express  or  implied 
agreement  that  such  candidate  for  the  legislature  will,  if 
elected  to  the  legislature,  vote  for  such  candidate  for  senator 
in  Congress. 

Legislation  §  63.     Added  by  Stats.  1899,  p.  83. 

§  631/2-  Members  of  legislature  shall  not  accept  any  val- 
uable consideration.  Every  person  l^eing  a  member-elect  of 
the  legislature,  and  every  person  being  a  candidate  for  the 
legislature,  and  every  person  being  a  candidate  for  nomina- 
tion for  the  legislature,  who  shall  accept  any  money  or  prop- 
erty from  any  candidate  for  senator  in  the  Congress  of  the 
United  States  before  the  legislature  at  an  approaching  ses- 
sion thereof,  or  from  any  other  person  acting  for  or  on  be- 
half of  any  such  candidate  for  senator  in  the  Congress  of 
the  United  States  at  an  approaching  session  of  the  legis- 
lature, under  an  express  or  implied  promise  that  such  mem- 
ber-elect of  the  legislature,  or  such  candidate  for  the  legis- 
lature, or  candidate  for  nomination  for  the  legislature,  will, 
if  elected  as  a  member  of  the  legislature,  support  or  A^ote  for 
any  such  candidate  for  senator  in  the  Congress  of  the  United 
States  for  that  office,  shall  be  deemed  guilty  of  a  felony. 
The  receipt  of  money  or  property  by  any  member-elect  of 
the  legislature,  and  by  any  candidate  for  the  legislature, 
and  by  any  candidate  for  nomination  for  the  legislature, 
from  any  candidate  before  the  legislature  for  senator  in 
Congress  at  an  approaching  session  of  the  legislature  as  afore- 
said, or  from  any  person  acting  for  or  on  behalf  of  any  such 
candidate  for  senator  in  Congress  as  aforesaid,  shall  be 
prima  facie  proof  of  an  express  or  implied  agreement  that 
such  member-elect  of  the  legislature  will  vote  for  such 
candidate  for  senator  as  aforesaid,  and  that  such  candidate, 
or  candidate  for  nomination  for  the  legislature,  will,  if 
elected,  vote  for  such  candidate  for  senator  as  aforesaid. 
Legislation  §  631/2.  1.  Added  by  Stats.  1899,  p.  84. 
2.  Amendment   by   Stats.   1901,    p.   412,   merely   renumbering   the 

section  63a;  unconstitutional.     See  note,  §  5,  ante. 

§  63b.  Sale  of  intoxicants  on  election  days.  Every  per- 
son keeping  a  public  house,  saloon,  or  drinking-place, 
whether  licensed  or  unlicensed,  who  sells,  gives  away,  or 
furnishes  spirituous  or  malt  liquors,  wine,  or  any  other  in- 
toxicant, on  any  part  of  any  day  set  apart  for  any  general 
or  special  election,  in  any  election  district  or  precinct  in  any 
county  in  the 'state  where  an  election  is  in  progress,  during 


§  G4b  PENAL    CODE.  40 

tlie  hovirs  when   l)y   law  Iln'  jxjIIs  arc  rc(|uii-<'(l  to  l»c   kc])t 
open,  is  guilty  of  a  inisdcmcaiior. 

Legislation  §  63b.     1.  Addition  by  Stats.  1901,  ji.    1112;  iniconstilii- 
tioual.     Seo  note,  §  5,  ante. 

2.  Added   by   Stats.  1905,  p.   (Mo;   the  code   commissioner  saying, 
"This  is  a  codificaf ion  of  the  statute  of  1S7.V74.  ]>.  297." 

§  64.  No  prosecution  against  witnesses  testifying'  in  elec- 
tion cases.  No  person,  otherwise  eoiiii)etent  as  a  Avitness, 
shall  be  dis(iualified  or  excused  from  testifying  coneerjiing 
any  of  the  offenses  enumerated  and  prescribed  in  this  title, 
on  the  ground  that  such  testimony  may  criminate  himself; 
but  no  prosecution  can  afterwards  be  had  against  such  Avit- 
ness  for  any  such  offonse  concerning  which  he  testified  for 
the  prosecution. 
X        Legislation  §  64.     Added  by  Stats.  1891,  j).  1S5. 

§  641/2-     Punishment  of  offenses  against  primary  election 
laws.     All   the   provisions    of   sections    forty    to    sixty-four 
of  this  code,  both  inclusive,  shall  apply  with  like  force  and 
effect  to  elections,  known  and  designated  as  primary  elec- 
tions, held  and  conducted  under  official  supervision  piu'suant 
to  law  and  to  registration  therefor,  as  to  other  elections, 
whether  the  word  "primary"  be  used  in  connection  with  the 
word  "election"  or  "elections"  used  in  said  sections  or  not. 
Legislation  §  641/2-     Added   by   Stats.   1899,   p.   59,   and   became   a 
law,    under    constitutional    provision,    without    governor's    approval. 
March  4,  1S99.     At  the  same  session  of  the  legislature,  another  sec- 
tion 64i{>  was  passed  which  was  approved  by  the  governor,  March  20, 
1899    (Stats   1899,  p.   153).     The  language  of  the  two  sections  was 
the  same. 

§  64b.  Misrepresentation  in  securing  signers.  Circulation 
of  false  statements.  Petitions  containing  false  signatures. 
Signing  more  than  once.  Penalty.  1.  It  shall  be  unlawful 
for  any  person  circulating,  as  pi'incipal  or  agent,  or  having 
charge  or  control  of  the  circulation  of,  or  obtaining  signa- 
tures to,  any  petition  authorized  or  provided  for  by  the 
constitution  or  laws  of  the  State  of  California  regulating 
the  initiative,  referendum  or  recall  to  misrepresent  or  make 
any  false  statement  concerning  the  contents,  purport  or 
effect  of  any  such  petition  to  any  person  who  signs,  or  who 
desires  to  sign,  or  who  is  requested  to  sign,  or  who  makes 
inquiries  with  reference  to  any  such  petition,  or  to  whom 
any  such  petition  is  presented  for  his  or  her  signature. 

2.  It  shall  be  unlawful  for  any  person  to  willfully  or  know- 
ingly circulate,  publish  or  exhibit  any  false  statement  or 
misrepresentation  concerning  the  contents,  purport  or  ef- 
fect of  any  petition  mentioned  in  this  section  for  the  pur- 


41  CRIMES  AGAINST  THE  ELECTIVE  FKAKCHISE.  §  64b 

pose  of  obtaining  any  signature  to  any  such  petition  oi-  for 
the  purpose  of  pei-suading  any  person  to  sign  any  such 
petition. 

3.  It  shall  be  unlawful  for  any  person  to  file  in  the  office 
of  the  clerk  or  other  officer  provided  by  law  to  receive  such 
filing,  any  petition  mentioned  in  this  section  to  Avhich  is 
attached,  appended  or  subscribed  any  signature  which  the 
person  so  filing  such  petition  knows  to  be  false  or  fraudu- 
lent or  not  the  genuine  signature  of  the  person  purporting 
to  sign  such  petition  or  whose  name  is  attached,  appended, 
or  subscribed  thereto. 

4.  It  shall  be  unlawful  for  any  person  to  circulate,  or 
cause  to  be  circulated,  any  petition  mentioned  in  this  sec- 
tion, knowing  the  same  to  contain  false,  forged  or  fictitious 
names. 

5.  It  shall  be  unlawful  for  any  person  to  make  any  false 
affidavit  concerning  any  petition  mentioned  in  this  section 
or  the  signatures  appended  thereto. 

6.  It  shall  be  unlawful  for  any  public  official  or  employee 
knowingly  to  make  any  false  return,  certification  or  affida- 
vit, concerning  any  petition  mentioned  in  this  section,  or 
the  signatures  appended  thereto. 

7.  It  shall  be  unlawful  for  any  person  to  knowingly  sign 
his  own  name  more  than  once  to  any  petition  mentioned  in 
this  act,  or  to  sign  his  name  to  any  such  petition  know- 
ing himself  at  the  time  of  such  signing  not  to  be  qualified 
to  sign  the  same. 

8.  Any  person,  either  as  principal  or  agent,  violating  any 
of  the  provisions  of  this  section  is  punishable  by  imprison- 
ment in  the  state  prison,  or  in  a  county  jail,  not  exceeding 
two  years,  or  by  fine  not  exceeding  five  thousand  dollars, 
or  by  both. 

Legislation  §  64b.     Added  by  Stats.  1915,  p.  55. 


§  G7  PENAL    CODE.  42 

TITLE    V. 

Crimes  by  and  against  the  Executive  Power  of  the  State. 

§  65.     Acting  in  a  jiublic  capacity  without  Iiaving  qiialifieil. 

§  66.     Acts  of  officers  do  facto  not  aflfected. 

§  67.     Giving  or  offering  bribes  to  executive  officers. 

§  68.     Asking  or  receiving  bribes. 

§  69.     Kesisting  officers. 

§  70.     Extortion. 

§  71.     Violation    of   laws    jn'ohiljiting   certain    officers   from    dealing   in 

scrip,  etc.,  and  from  being  interested  in  contracts. 
§  72.     Fraudulently    presenting   bills    or    claims   to    public    officers   for 

allowance  or  payment. 
§  73.     Buying  appointments  to  office. 
§  74.     Taking  rewards  for  deputation. 
§  74a.  Eetaining  part  of  salary. 
§  75.     Exercising  functions  of  office  wrongfully. 
§  76.     Refusal  to  surrender  books,  etc.,  to  successor. 
§  77.     Preceding   sections   to   apply   to   administrative   and   ministerial 

officers. 

§  65.  Acting'  in  a  public  capacity  without  having  quali- 
fied. Every  person  who  exercises  any  function  of  a  public 
office  without  taking  the  oath  of  office,  or  without  giving  the 
required  bond,  is  guilty  of  a  misdemeanor.  [Amendment  ap- 
proved 1874;  Cod^e  Amdts.  1873-74,  p.  423.] 

Oath  of  office:  Const.,  art.  XX,  §  3;  see  Pol.  Code,  §§  904  et  seq. 
Legislation  §  65.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,§96,  N.  Y.  Pen.  Code,  §  42),  and  then  read:  "Every  person 
who  exercises  any  of  the  functions  of  a  public  office  without  hav- 
ing taken  and  filed  the  oath  of  office,  or  without  having  executed 
and  filed  the  required  bond,  is  guilty  of  a  misdemeanor,  and  forfeits 
his  right  to  the  office." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  423. 

§  66.  Acts  of  officers  de  facto  not  affected.  The  last  sec- 
tion shall  not  be  construed  to  affect  the  validity  of  acts 
done  by  a  per.son  exercising  the  functions  of  a  public  office 
in  fact,  where  other  persons  than  himself  are  interested  in 
maintaining  the  validity  of  such  acts. 

Legislation  §  66.     Enacted    February     14,     1872;     identical     with 

Field's  Draft,  §  97,  N.  Y.  Pen.  Code,  §  43. 

§  67.     Giving    or    offering   bribes    to    executive    officers. 

Every  person  who  gives  or  offers  any  bribe  to  any  executive 
officer  of  this  state,  with  intent  to  influence  him  in  respect  to 
any  act,  decision,  vote,  opinion,  or  other  proceeding  as  such 
officer  is  punishable  by  imprisonment  in  the  state  prison  not 
less  .than  one  nor  more  than  fourteen  years,  and  is  dis- 
qualified  from   holding   an,y   office   in   tliis   state. 


43  CRIMES  BY   AND  AGAINST   EXECUTIVE   POWER.  §  71 

Bribery  of  judicial  officer:   See  post,  §  92, 
Bribei-y  of  legislator:   See  post,  §  85. 

Legislation  §  67.  Enacted  February  1-1,  1872;  based  on  Field's 
Draft,  §  98,  N.  Y.  Pen.  Code,  §  44;  Stats.  1863,  p.  645,  §§  1,  2,  3. 

§  68.  Asking  or  receiving  bribes.  Every  executive  officer 
or  person  elected  or  appointed  to  an  executive  office,  who  asks, 
receives,  or  agrees  to  receive,  any  bribe,  upon  any  agreement 
or  understanding  that  his  vote,  opinion,  or  action  upon  any 
matter  then  pending,  or  whicli  may  be  brought  before  him 
in  liis  official  capacity,  shall  be  influenced  thereby,  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  one 
nor  more  than  fourteen  years;  and,  in  addition  thereto,  for- 
feits his  office,  and  is  forever  disqualified  from  holding  any 
office  in  this  state. 

Legislation  §  68.     Enacted   February    14,    1872;    based    on   Field's 

Draft,  §  99,  N.  Y.  Pen.  Code,  §  45;  Stats.  1863,  p.  645,  §§  1,  2,  3. 

§  69.  Resisting"  officers.  Every  person  who  attempts,  by 
means  of  any  threat  or  violence,  to  deter  or  prevent  an 
executive  officer  from  performing  any  duty  imposed  upon 
such  officer  by  law,  or  Avho  knowingly  resists,  by  the  use  of 
force  or  violence,  such  officer,  in  the  performance  of  his 
duty,  is  punishable  by  fine  not  exceeding  five  thousand  dol- 
lars, and  imprisonment  in  the  county  jail  not  exceeding  five 
years. 

Resisting  officers:  See,  generally,  post,  §  148. 

Legislation  §  69,  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §§100,  101,  N.  Y.  Pen.  Code,  §§  46,  47;  Crimes  and  Punish- 
ment Act,  Stats.  1850,  p,  242,  §  107. 

§  70.  Extortion.  Every  executive  or  ministerial  officer 
who  knowingly  asks  or  receives  any  emolument,  gratuity,  or 
reward,  or  any  promise  thereof,  excepting  such  as  may  be 
authorized  by  laAv,  for  doing  any  official  act,  is  guilty  of  a 
misdemeanor.  [Amendment  approved  1874;  Code  Amdts. 
1873-74,  p.  423.] 

Extortion  by  judicial  officer:  See  post,  §  94. 

Extortion  by  public  officer,  punishment  of;   See  post,  §  521. 

Legislation  §  70.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  102,  N.  Y.  Pen.  Code,  §§  556,  557;  Crimes  and  Punishment 
Act,  Stats.  1850,  p.  242,  §  107. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  423,  adding  (1)  "or  min- 
isterial" before  "officer,"  and  (2)  "knowingly"  before  "asks." 

§  71.  Violation  of  laws  prohibiting  certain  officers  from 
dealing'  in  scrip,  etc.,  and  from  being  interested  in  contracts. 

Every  officer  or  person  prohibited  by  the  laws  of  this  state 
from  making  or  being  interested  in  contracts,  or  from  be- 
coming a  vendor  or  purchaser  at  sales,  or  from  purchasing 


§  74a  PENAL   CODE.  44 

scrip,  or  other  evidences  of  indebtedness,  who  viohites  any 
of  the  provisions  of  such  l.nvs,  is  pnnisliabh^,  ])y  a  fine  oL' 
not  more  than  one  thonsand  dolhirs,  or  l)y  imprisonment  in 
the  state  prison  not  more  tiian  five  years,  and  is  forever  dis- 
qualilled  from  hohling  any  offiee  in  this  state. 

Legislation  §  71.  Enacted  February  H,  1872;  l)asca  on  -atats. 
IS.jl,  p.  ')'1-1;  Stats.  1852,  pp.  G4,  65. 

§  72.  Fraudulently  presenting'  bills  or  claims  to  public 
officers  for  allowance  or  payment.  Every  person  wlio,  with 
intent  to  defrand,  presents  for  allowance  or  for  payment  to 
any  state  board  or  officer,  or  to  any  county,  town,  city,  ward, 
or  village  board  or  officer,  authorized  to  allow  or  pay  the 
same  if  genuine,  any  false  or  fraudulent  claim,  bill,  account, 
voucher,  or  writing,  is  guilty  of  felony- 
Legislation  §  72.     Enacted   February   14,    1872;    based   on   Field's 

Draft,  §  732,  N.  Y.  Pen.  Code,  §  672. 

§  73.  Buying'  appointments  to  office.  Every  person  who 
gives  or  offers  any  gratuity  or  reward,  in  consideration  that 
he  or  any  other  person  shall  be  appointed  to  any  public  office, 
or  shall  be  permitted  to  exercise  or  discharge  the  duties 
thereof,  is  guilty  of  a  misdemeanor. 

Constitutional  provision.  Every  person  shall  be  disqualified  from 
holding  any  offiee  of  profit  in  this  state  who  shall  have  been  con- 
victed of  having  given  or  offered  a  bribe  to  procure  his  election  or 
appointment:   Const.,  art.  xx,  §  10. 

Legislation  §  73.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  106,  N.  Y.  Pen.  Code,  §  52;  Crimes  and  Punishment  Act, 
Stats.  1850,  p.  239,  §  85. 

§  74.  Taking'  rewards  for  deputation.  Every  puljlic  offi- 
■  cer  who,  for  any  gratuity  or  rcAvard,  appoints  another  person 
to  a  pulDlic  office,  or  permits  another  person  to  exercise  or 
discharge  any  of  the  duties  of  his  office,  is  punishable  by  a 
fine  not  exceeding  five  thousand  dollars,  and,  in  addition 
thereto,  forfeits  his  office  and  is  forever  disqualified  from 
holding  any  office  in  this  state. 

Legislation  §  74.     Enacted    February    14,    1872;    based    on    Field's 

Draft,  §  108,   N.   Y.   Pen.   Code,  §  53;    Crimes   and   Punishment   Act, 

Stats.  1850,  p.  239,  §  85. 

§  74a.  Retaining-  part  of  salary.  Every  officer  of  this 
state,  or  of  any  county,  city  and  county,  city,  or  township 
therein,  wlio  accepts,  keeps,  retains  or  diverts  for  his  own 
use  or  the  use  of  any  other  person  any  part  of  the  salary  or 
fees  allowed  by  law  to  his  deputy,  clerk,  or  other  subordinate; 
officer,  is  guilty  of  a  felony. 

Officer  receiving  wages  or  salary  of  laborer  or  clerk:   Sec  post, 

§  653d. 


45  CRIMES  BY    AND   AGAINST    EXECUTIVE   POWER.  §  76 

Legislatiou  §  74a.  1.  AcUlitiou  by  Stats.  1901,  p.  442;  uiiroiistitu- 
tional.     See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  G4G;  the  code  commissioner  saying, 
"This  is  a  codification  of  the  provisions  of  §  2  of  the  statute  of 
1871-72,  p.  951,  with  the  following  changes:  the  word  'accepts'  is 
inserted  in  place  of  'keeps,'  and  the  phrase  'for  his  own  use'  is 
added  after  'retains.'  "  The  section  given  by  the  code  commissioner 
as  the  basis  of  the  addition  reads:  "Sec.  2.  Every  officer  of  the 
state  or  any  county,  city,  or  township  therein,  who  keeps  or  retains 
any  part  or  portion  of  the  salary  or  fees  allowed  by  law  to  his 
deputy,  clerk,  or  subordinate  officer,  is  guilty  of  a  felony." 

§  75.  Exercising  functions  of  office  wrongfully.  Every 
person  Avho  willfully  and  knowingly  intrudes  himself  into 
any  public  office  to  which  he  has  not  been  elected  or  ap- 
pointed, and  every  person  who,  having  been  an  executive 
officer,  willfully  exercises  any  of  the  functions  of  his  office 
after  his  term  has  expired,  and  a  successor  has  been  elected 
or  appointed  and  has  qualified,  is  guilty  of  a  misdemeanor. 
Legislation  §  75.     Enacted   February   14,    1872;    based    on   Field's 

Draft,  §  110,   N.   Y.    Pen.    Code,  §  56;    Crimes   and   Punrshment   Act, 

Stats.  1850,  p.  242,  §  105. 

§  76.     Refusal    to    surrender    books,    etc.,    to    successor. 

Every  officer  whose  office  is  abolished  by  Irav,  or  who,  after 
the  expiration  of  the  time  for  Avhich  he  may  be  appointed  or 
elected,  or  after  he  has  resigned  or  been  legally  removed 
from  office,  willfully  and  unlawfully  withholds  or  detains 
from  his  successor,  or  other  person  entitled  thereto,  the 
records,  papers,  documents,  or  other  writings  appertaining 
or  belonging  to  his  office,  or  mutilates,  destroys  or  takes 
away  the  same,  or  willfully  and  unlawfully  withholds  or 
detains  from  his  successor,  or  other  person  entitled  thereto, 
any  money  or  property  in  his  custody  as  such  officer,  is  pun- 
ishable by  imprisonment  in  the  state  prison  not  less  than  one 
nor  more  than  ten  years.  [Amendment  approved  1805; 
Stats.  1905,  p.  646.] 

Mutilating,  destroying,  or  taking  away  of  books,  maps,  etc.  See 
post,  §§  113,  114. 

Legislation  §  76.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  240,  §  89,  which  read:  "If  any 
officer  whose  office  shall  be  abolished  by  law,  or  who,  after  the 
expiration  of  the  time  for  which  he  may  be  appointed  or  elected, 
or  after  he  shall  have  resigned  or  been  legally  removed  from  office, 
shall  willfully  and  unlawfully  withhold  or  detain  from  his  suc- 
cessor, or  other  person  entitled  thereto  by  law,  the  records,  papers, 
docum'ents,  or  other  writing  appertaining  or  belonging  to  his  office, 
or  mutilate,  destroy,  or  take  away  the  same,  the  person  so  offend- 
ing shall,  on  conviction,  be  punished  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  one  year  nor  more  than  ten  years. 
The  provisions  of  this  section  shall  apply  to  any  person  or  persons 
who   shall  have  such  records,  documents,  papers,  or  other   writings 


^    M 


TENAL    CODE.  46 


ill  his,  her,  or  Ihoir  j>osscssion,  and  sliail  uilil'uliy  mntihito,  dostroy, 
withhold,  or  detain  fiie  same  as  aforesaid." 

2.  Aniendnicnt  by  Stats.  1901,  j).  442;  iincunstiturional.  Sec  note, 
§  5,  ante. 

3.  Amended  by  Stals.  1905,  |i.  G4(i,  (I)  changinjr  "writing"'  to 
"writings"  l)efore  "ajipertaining";  (2)  adding  "or  willfully  and  un- 
lawfully withholds  or  detains  from  his  successor,  or  other  person 
entitled  thereto,  any  money  or  property  in  his  custody  as  such  offi- 
cer"; the  code  commissioner  saying  of  the  addition,  "The  old  section 
made  it  punishable  only  for  an  officer  to  retain  writings  or  records 
appertaining  or  belonging  to  his  office,  but  did  not  extend  to  the 
manifestly  graver  offense  above  noted." 

§  77.  Preceding'  sections  to  apply  to  administrative  and 
ministerial  officers.  The  various  provisions  of  this  chapter 
apply  to  administrative  and  ministerial  officers,  in  the  same 
manner  as  if  they  were  mentioned  therein. 

Legislation  §  77.     Enacted   February    14,   1872;    based   on    Field's 

Draft,  §  112,  N.  Y.  Pen.  Code,  §  58. 


47  CRIMES  AGAINST  THE  LEGISLATIVE  POWER.  §  84 

TITLE    VI. 
Crimes  against  the  Legislative  Power. 

§  81.     Preventing  the  meeting  or  organization  of  either  branch  of  the 

legislature. 
§  82.     Disturbing  tiie  legislature  while  in  scs^sion. 
§  83.     Altering  draft  of  bill  or  resolution. 
§  84.     Altering  enrolled  copy  of  bill  or  resolution. 
§  85.     Giving  or  offering  bribes  to  members  of  the  legislature. 
§  8C.     Eeceiving  bribes  by  members  of  the  legislature. 
§  87.     Witnesses  refusing  to  attend,  testify,  or  produce  papers  before 

the  legislature  or  committees  thereof. 
§  88.     Members   of  the   legislature,   in   addition   to  other  penalties,   to 

forfeit  office  and  be  disqualified,  etc. 
§  89.     Lobb^'ing,  and  penalty  for. 

§  81.  Preventing  the  meeting  or  organization  of  either 
branch  of  the  legislature.  Every  person  who  willfully,  and 
by  force  or  fraud,  prevents  the  legislature  of  this  state, 
or  either  of  the  houses  composing  it,  or  any  of  the  members 
thereof,  from  meeting  or  organizing,  is  guilty  of  felony. 

Legislation  §  81.     Enacted    February    14,    1872;    based   on    j'^ield's 

Draft,  §  113,  N.  Y.  Pen.  Code,  §  59. 

§  82.  Disturbing  the  legislature  while  in  session.  Every 
person  who  willfully  disturbs  the  legislature  of  this  state, 
or  either  of  the  houses  composing  it,  while  in  session,  or  who 
commits  any  disorderly  conduct  in  the  immediate  view  and 
presence  of  either  house,  tending  to  interrupt  its  proceedings 
or  impair  the  respect  due  to  its  authority,  is  guilty  of  a  mis- 
demeanor. 

Legislation  §  82.     Enacted    February    14,    1872;    based    on   Field's 

Draft,  §  114,  N.  Y.  Pen.  Code,  §  60. 

§  83.  Altering  draft  of  bill  or  resolution.  Every  person 
who  fraudulently  alters  the  draft  of  any  bill  or  resolution 
which  has  been  presented  to  either  of  the  houses  composing 
the  legislature,  to  be  passed  or  adopted,  with  intent  to  pro- 
cure it  to  be  passed  or  adopted  by  either  house,  or  certified 
by  the  presiding  officer  of  either  house,  in  language  different 
from  that  intended  by  such  house,  is  guilty  of  felony. 

Legislation  §  83.     Enacted     February     14,     1872;     identical    with 

Field's  Draft,  §  118,  N.  Y.  Pen.  Code,  §  64. 

§  84.  Altering  enrolled  copy  of  bill  or  resolution.  Every 
person  who  fraudulently  alters  the  enrolled  copy  of  any  bill 
or  resolution  which  has  been  passed  or  adopted  by  the  legis- 
lature of  this  state,  with  intent  to  procure  it  to  be  approved 
by  the  governor,  or  certified  by  the  secretary  of  state,  or 


§  87  i'ENAL    CODE.  48 

priiilcMl  or  piil)lisli(Ml  hy  tiic  pfiiilcr  (»!'  tlu;  slalutcs,  in  lan- 
guage cliiTcrciit  I'roiii  Ihat  in  \\liii'li  it  was  [)ass(Ml  di-  a<l(t|)1('(l 
by  tJic  logislatiii-e,  is  guilty  of  IVlony. 

Legislation  §  84.  Ejiaeted  Fobniarv  11,  1872;  li;isc.l  dii  I'^'icld's 
Draft,  §  119,  N.  Y.  Pen.  Code,  §  C). 

§  85.  Giving-  or  offering'  bribes  to  members  of  the  legisla- 
ture. Every  person  who  gives  or  offers  to  give  a  bribe  to 
any  member  of  the  legislature,  or  to  another  person  for  liim, 
or  attempts  by  menace,  deceit,  suppression  of  truth,  or  any 
corrupt  means,  to  influence  a  member  in  giving  or  Avithhold- 
ing  his  vote,  or  in  not  attending  the  house  or  any  committee 
of  Avhich  he  is  a  member,  is  punishable  by  imprisonment  in 
the  state  prison  not  less  than  one  nor  more  tlian  ten  years. 
Bribery:   See  ante,  §§  67,  68. 

Legislation  §  85.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  120,  N.  Y.  Pen.  Code,  §  66;  Crimes  and  Punishment  Act, 
Stats.  1850,  p.  239,  §§  84,  85,  86;  Stats.  1863,  p.  645,  §§  1,  2. 

§  86.     Receiving  bribes  by  members  of  the  legislature. 

Every  member  of  either  of  the  houses  composing  the  legis- 
lature of  this  state  who  asks,  receives,  or  agrees  to  receive 
any  bribe  upon  any  understanding  that  his  official  vote, 
opinion,  judgment,  or  action  shall  be  influenced  thereby,  or 
shall  be  given  in  any  particular  manner,  or  upon  any  par- 
ticular side  of  any  question  or  matter  upon  which  he  may 
be  required  to  act  in  his  official  capacity,  or  gives,  or  offers, 
or  promises  to  give  any  official  vote  in  consideration  that 
another  member  of  the  legislature  shall  give  any  sucli  vote, 
either  upon  tlie  same  or  another  question  is  punishable  by 
imprisonment  in  the  state  prison  not  less  than  one  nor  more 
than  fourteen  years,  and  upon  conviction  thereof  shall,  in 
addition  to  said  punishment,  forfeit  his  office,  be  disfran- 
chised, and  forever  disqualified  from  holding  any  office  or 
public  trust.  [Amendment  approved  1880 ;  Code  Amdts. 
1880,  p.  7.] 

Legislation  §  86.     1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  121,   N.  Y.   Pen.   Code,  §  67;    Crimes   and   Punishment   Act, 
Stats.   1850,  p.   239,  §§84,   85,   86;   Stats.   1863,  p.  645,  §§  1,  2),  and 
then  ended  with  the  words  "nor  more  than  fourteen  j'ears." 
2.  Amended  by  Code  Amdts.  1880,  p.  7. 

§  87.  Witnesses  refusing  to  attend,  testify,  or  produce 
papers  before  the  legislature  or  committees  thereof.  Every 
person  Avho,  being  sunniioned  to  attend  as  witness  before 
either  house  of  the  legislature  or  any  committee  thereof,  re- 
fuses or  neglects,  without  laAvful  excuse,  to  attend  pursuant 
to  such  summons;  and  every  person  who,  being  present 
before  either  house   of    the  legislature   or   any   committee 


49  CRIMES  AGAINST  THE  LEGISLATIVE  POWER.  §  89 

•  l.hoi'oof,  w  illl'iilly  r('fus(\s  lo  be  sworn  oi-  to  answer  aii}'  ma- 
terial and  proper  questio)),  or  to  produee,  npoii  reasonable 
notice,  any  material  and  pi-oper  books,  papers,  or  documents 
in  his  possession  or  under  his  control,  is  guilty  of  a  misde- 
meanor. 

Legislation  §  87.     Enacted   February    14,    1872;    based  on   Field's 
Draft,  §§  122,  123,  N.  Y.  Pen.  Code,  §§  6S,  GO;  Stats.  1857,  p.  97,  §  1. 

§  88.  Members  of  the  legislattire,  in  addition  to  other 
penalties,  to  forfeit  office  and  be  disqualified,  etc.  Every 
member  of  the  legislature  convicted  of  any  crime  defined  in 
this  chapter,  in  addition  to  the  punishment  prescribed,  for- 
feits his  office  and  is  forever  disqualified  from  holding  any 
office  in  this  state. 

Legislation  §  88.     Enacted    February    14,    1872;    based    on   Field's 
Draft,  §  124,  N.  Y.  Pen.  Code,  §  70. 

§  89.  Lobbying-,  and  penalty  for.  Every  person  who 
obtains,  or  seeks  to  obtain  money  or  other  thing  of  value 
from  another  person,  upon  a  pretense,  claim,  or  representa- 
tion that  he  can  or  will  improperly  intluence  in  any  manner 
the  action  of  any  member  of  a  legislative  body  in  regard  to 
any  vote  or  legislative  matter,  is  guilty  of  a  felony.  Upon 
the  trial  no  person  otherwise  competent  as  a  witness  shall  be 
excused  fioni  testifying  as  such  concerning  the  offense 
charged,  on  the  grounds  that  such  testimony  may  criminate 
himself,  or  subject  him  to  public  infamy,  but  such  testimony 
shall  not  afterwards  be  used  against  him  in  any  judicial 
proceeding  except  for  perjury  in  giving  such  testimony. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  7.] 

Legislation  §  89.  1.  Added  by  Code  Amdts.  1873-74,  p.  456,  the 
first  sentence  then  reading  as  at  present,  and  thereafter  the  section 
proceeding,  "If,  upon  the  trial  of  an  indictment  found  under  the 
provisions  of  this  section,  the  accused  is  examined  as  a  witness  in 
his  own  behalf,  evidence  may  then  be  given  that  he  has  committed 
acts  in  violation  of  the  provisions  of  this  section  other  than  the 
acts  charged  in  the  indictment.  Upon  the  trial  no  person  otherwise 
competent  as  a  witness  shall  be  disqualified  from  testifying  as  such 
concerning  the  offense  charged,  on  the  ground  that  such  testimony 
may  criminate  himself;  but  no  prosecution  can  afterward  be  had 
against  him  for  any  offense  concerning  which  he  testified." 
2.  Amended  by  Code  Amdts.  1880,  p.  7. 

Pen.  Codf! — 4 


§  93  PENAL    CODE.  50 

TITLE    VII.' 

Crimes  against  Public  Justice. 

Chaptor  I.  ]?rib(>ry   and    Corruption.      §§92-100. 

11.  Rescues.     §§  101,  102. 

III.  Escapes,  and  Aiding  Tiioroin.     §§105-111. 

IV.  Forging,    Stealing,    Mutilating    and    Falsifying    .ludicial 

and  Public  Records  and  Documents.     §§  113-117. 
V.     Perjury  and   Subornation    of   Perjury.     §§  118-129. 
VI.     Falsifying  Evidence.     §§132-138. 
VII.     Other  Offenses  against  Public  .lustiee.     §§  142-181. 
VIII.     Conspiracy.     §§  182-185. 

CHAPTER  I. 

Bribery   and   Corruption. 

§    92.  Giving  bribes  to  judges,  jurors,  referees,  etc. 

§    93.  Receiving  bribes  by  judicial  officers,  jurors,  etc. 

§    94.  Extortion.     Misconduct   of   judicial   officers.     Stenographers. 

§    95.  Im]iroper  attempts  to  influence  jurors,  referees,  etc. 

§    9G.  Misconduct  of  jurors,  referees,  etc. 

§    97.  .Tustice  or  constable  purchasing  judgment. 

§    98.  Officers  to  forfeit  and  be  disqualified  from  holding  office. 

§    99.  Superintendent  of  state  printing.     Shall  not  have  any  interest 

in  contract  of  any  kind  connected  with  his  office.     Penalty. 

§  100.  Superintendent  of  state  printing,  penalty  for  collusion. 

§  92.     Giving"    bribes    to    judges,    jurors,    referees,   etc. 

Evory  person  avIio  gives  or  offers  to  give  a  bri])e  to  any 
judicial  officer,  juror,  referee,  arbitrator,  or  umpire,  or  to 
any  person  who  may  be  authorized  by  law  to  hear  or  deter- 
mine any  question  or  controversy,  with  intent  to  influence 
his  vote,  opinion,  or  decision  upon  any  matter  or  question 
which  is  or  may  be  brought  before  him  for  decision,  is 
punishable  by  imprisonment  in  the  state  prison  not  less  than 
one  nor  more  than  ten  years. 

Bribery  of  executive  officers:  See  ante,  §  C7. 

Embracery:  See  post,  §  95. 

Legislation  §  92.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  125,  N.  Y.  Pen.  Code,  §  71;  Crimes  and  Punishment  Act, 
Stats.  1850,  pp.  239,  240,  242,  §§  84,  85,  86,  106,  as  amended  by  Stats. 
1856,  p.  220,  §  10;  Stats.  1863,  p.  645,  §§  1,  2. 

§  93.     Receiving  bribes  by  judicial  officers,  jurors,  etc. 

Every  judicial  officer,  juror,  referee,  arbitrator,  or  umpire, 
and  every  person  authorized  by  law  to  hear  or  determine 
any  question  or  controversy,  who  asks,  receives,  or  agrees 
to  receive,  any  bribe,  upon  any  agreement  or  understanding 
that  his  vote,  opinion,  or  decision  upon  any  matters  or  ques- 


51  BRIBERY    AND    CORRUPTION.  §  95 

tiou  ^vhi(']l  is  or  may  be  ])i'oiiglit  IjcToih'  him   for  decision, 

shall  1)0  iufkuMicod  thereby,  is  piiiiishable  by  imprisonment 

in  the  state  prison  not  loss  than  one  nor  more  than  ten  years. 

Legislation  §  93.     Enacted   Febniaiv    ]J,    1872";    based    on    Field's 

Draft,  §126,    N.   Y.   Pen.    Code,  §  72;  "Crimes    and   Punishment    Act, 

Stats.  1S50,  pp.  2o9,  240,  242,  §§  84,  85,  86,  1U6,  as  amended  by  Stats. 

1856,  p.  220,  g  10;  Stats.  1863,  p.  645,  §§  84,  85,  86. 

§  94.  Extortion.  Misconduct  of  judicial  officers.  Sten- 
ographers. Every  judicial  officer  who  asks  or  receives  any 
emolument,  gratuity,  or  reward,  or  any  promise  thereof,  ex- 
cept such  as  may  be  authorized  iDy  law,  for  doing  any  ot^cial 
act,  is  guilty  of  a  misdemeanor.  Every  judicial  officer  who 
shall  ask  or  receive  the  whole  or  an^^  part  of  the  fees  allowed 
by  law  to  any  stenographer  or  reporter  appointed  by  him, 
or  any  other  person,  to  record  the  proceedings  of  any  court 
or  investigation  held  by  him,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  forfeit  his  office. 
Any  stenographer  or  reporter,  appointed  by  any  judicial 
officer  in  this  state,  who  shall  pay,  or  offer  to  pay,  the  whole 
or  any  part  of  the  fees  allowed  him  by  law,  for  his  appoint- 
ment or  retention  in  office,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  forever  disqualified 
from  holding  any  similar  office  in  the  courts  of  this  state. 
[Amendment  approved  1895;  Stats.  1895,  p.  30.] 
Extortion  by  executive  officer:  See  ante,  §  70. 
Legislation  §  94.     1.  Enacted  February  14,  1872  (based  on  Field's 

Draft,  §  102,   N.   Y.   Pen.   Code,  §557;    Crimes   and   Punishment   Act, 

Stats.  1850,  p.  239,  §§  84,  85),  the  section  then  consisting  of  the  first 

sentence  of  the  present  amendment. 

2.  Amended  by   Stats.  1895,  p.   30,   adding  the   second  and   third 
sentences. 

3.  Amendment  by  Stats.  1901,  p.  442;  unconstitutional.     See  note, 
§  5,  ante. 

§  95.  Improper  attempts  to  influence  jurors,  referees,  etc. 
Every  person  who  corruptly  attempts  to  influence  a  juror,  or 
any  person  summoned  or  drawn  as  a  juror,  or  chosen  as  an 
arbitrator,  or  umpire,  or  appointed  a  referee,  in  respect  to 
his  verdict  in,  or  decision  of  any  cause,  or  proceeding,  pend- 
ing, or  about  to  be  brought  before  him,  either; 

One.  By  means  of  any  communication,  oral  or  written, 
had  with  him  except  in  the  regular  course  of  proceedings; 

Two.  By  means  of  any  book,  paper,  or  instrument  ex- 
hibited, otherwise  than  in  the  regular  course  of  proceedings; 

Three.  By  means  of  any  threat,  intimidation,  persuasion, 
or  entreaty ;  or, 

Four.  By  means  of  any  promise,  or  assurance  of  any 
pecuniary  or  other  advantage : 


§  08  PENAL   CODE.  52 

— Is  [)iiiiisli;il»li'  l)y  line  not  cxceedinti'  five  thousand  dollars, 
or  by  iinj)i'isoninent  in  the  state  prison  not  exceeding  five 
veai's.  [Aniendniont  approved  1874;  Code  Amdts.  1873-74, 
1).  424.] 

Embracery:   Sec  ante,  §  92. 

Legislation  §  95.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  131,  N.  Y.  Pen.  Code,  §  75;  Crimes  and  Punishment  Act, 
Stats.  ISoO,  p.  242,  §  lOG,  as  amended  by  Stats.  1856,  p.  220,  §  10),  and 
differed  from  tlie  present  amendment,  having  (1)  in  introductory 
paragraph,  the  words  "or  proceeding"  after  "any  cause";  (2)  in 
subds.  1  and  2,  the  words  "upon  the  trial  of  the  cause;  or,"  at  end  of 
subdivisions;  (3)  in  subd.  4,  the  words  "assurance  or  promise"  in- 
stead of  "promise,  or  assurance." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  424. 

§  96.  Misconduct  of  jurors,  referees,  etc.  Every  juror, 
or  person  drawn  or  summoned  as  a  juror,  or  choseu 
arbitrator  or  umpire,  or  appointed  referee,  who  either : 

One.  Makes  any  promise  or  agreement  to  give  a  verdict 
or  decision  for  or  against  any  party ;  or, 

Two.  Willfully  and  corruptly  permits  any  communica- 
tion to  be  made  to  him,  or  receives  any  book,  paper,  instru- 
ment, or  information  relating  to  any  cause  or  matter  pending 
before  him,  except  according  to  the  regular  course  of  pro- 
ceedings, is  punishable  by  fine  not  exceeding  five  thousand 
dollars,  or  by  imprisonment  in  the  state  prison  not  exceed- 
ing five  vears.  [Amendment  approved  1874;  Code  Amdts. 
1873-74,  p.  424.] 

Legislation  §  96.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  128,  N.  Y.  Pen.  Code,  §  73;  Crimes  and  Punishment  Act, 
Stats.  1850,  p.  242,  §  106,  as  amended  by  Stats.  1856,  p.  220,  §  10),  and 
differed  from  the  present  amendment,  (1)  not  having  the  words  "or 
matter"  after  "any  cause";  (2)  having  the  words  "upon  the  trial  of 
such  cause"  after  "course  of  proceedings,"  these  latter  words  then 
ending  the  subdivisions,  the  matter  now  following  them  being  a 
paragraph. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  424. 

§  97.  Justice  or  constable  purchasing  judgment.  Every 
justice  of  the  peace  or  constal)le  of  the  same  toAvnship  who 
purchases  or  is  interested  in  the  purchase  of  any  judgment 
or  part  thereof  on  the  docket  of,  or  on  any  docket  in  posses- 
sion of  such  justice,  is  guilty  of  a  misdemeanor. 
Legislation  §  97.     Enacted  February  14,  1872. 

§  98.  Officers  to  forfeit  and  be  disqualified  from  holding 
office.  Every  officer  convicted  of  any  crime  defined  in  this 
chapter,  in  addition  to  the  punishment  described,  forfeits  his 
office  and  is  forever  disqualified  from  holding  any  office  in 
this  state. 


53  BRIBERY    AND    CORRUPTION.  §  100 

Forfeiture  of  office  on  conviction  of  crime:   See  post,  §  673. 
Legislation  §  98.     Enacted  February  14,-1872. 

§  99.  Superintendent  of  state  printing-.  Shall  not  have 
any  interest  in  contract  of  any  kind  connected  with  his  office. 
Penalty.  The  superintendent  of  state  printing  shall  not, 
during  his  continuance  in  office,  have  any  interest,  either 
directly  or  indirectly,  in  any  contract  in  any  way  connected 
with  his  office  as  superintendent  of  state  printing ;  nor  shall 
he,  during  said  period,  be  interested,  either  directly  or  in- 
directly, in  any  state  printing,  binding,  engraving,  litho- 
graphing, or  other  state  work  of  any  kind  connected  with 
his  said  office ;  nor  shall  he,  directly  or  indirectly,  be  in- 
terested in  any  contract  for  furnishing  paper,  or  other  print- 
ing stock  or  material,  to  or  for  use  in  his  said  office  ;  and  any 
violations  of  these  provisions  shall  subject  him,  on  convic- 
tion before  a  court  of  competent  jurisdiction,  to  imprison- 
ment in  the  state  prison  for  a  term  of  not  less  than  two 
years  nor  more  than  five  years,  and  to  a  fine  of  not  less  than 
one  thousand  dollars  nor  more  than  three  thousand  dollars, 
or  by  both  such  fine  and  imprisonment.  [Amendment  ap- 
proved 1895;  Stats.  1895,  p.  235.] 

Legislation  §  99.  1.  Added  by  Code  Anidts.  1875-76,  p.  If),  and 
then  read:  "The  superintendent  of  state  printing  shall  not,  during 
his  continuance  in  oflfice,  have  any  interest,  directly  or  indirectly, 
in  the  publication  of  any  newspaper  or  periodical,  or  in  any  print- 
ing of  any  kind,  or  in  any  binding,  engraving,  or  lithographing,  or 
in  a  contract  for  furnishing  paper,  or  other  printing  stock  or  mate- 
rial connected  with  the  state  printing;  and  any  violation  of  these 
provisions  shall  subject  him,  on  conviction  before  a  court  of  com- 
petent jurisdiction,  to  imprisonment  in  the  state  prison  for  a  term 
of  not  less  than  two  years  nor  more  than  five  years,  and  a  iine  of 
not  less  than  one  thousand  dollars  nor  more  than  three  thousand 
dollars,  or  both  such  fine  and  imprisonment." 

2.  Amended  by  Code  Amdts.  1877-78,  p.  11,  the  first  part  of  the 
section  then  reading,  "The  superintendent  of  state  printing  shall 
not,  during  his  continuance  in  office,  have  any  interest,  directly  or 
indirectly,  in  any  printing  of  any  kind,  or  in  any  binding,  engrav- 
ing, or  lithographing,  or  in  a  contract  for  furnishing  paper  or  other 
printing  stock  or  material  connected  with  the  state  printing,"  the 
rest  of  the  section  reading  same  as  the  original  section,  except  that 
the  word  "by"  was  added  before  "both  such  fine  and  imprisonment," 
at  end  of  section. 

3.  Amended  by  Stats.  1895,  p.  235.  , 

§  100.  Superintendent  of  state  printing',  penalty  for  col- 
lusion. If  the  superintendent  of  state  printing  corruptly 
colludes  with  any  person  or  persons  furnishing  paper  or  ma- 
terials, or  bidding  therefor,  or  with  any  other  person  or 
persons,  or  has  any  secret  understanding  with  him  or  them, 
by  himself  or  tlirough  others,  to  defraud  th(^  state,  or  by 


§  101  I'ENAL    CODE.  51 

\\lii('li  llic  stato  is  defrauded  oi-  made  to  sustain  a  loss,  con- 
trary to  tlio  true  intent  and  meaning  of  tins  eliapter,  he, 
upon  conviction  thereof,  forfeits  his  office,  and  is  suhject 
to  imprisonment  in  the  state  prison  for  a  term  of  not  less 
than  two  years,  and  to  a  fine  of  not  less  than  one  thousand 
dollai's  nor  more  than  three  thousand  dollars,  or  both  such 
fine  and  imprisonment.  [Amendment  approved  1905;  Stats. 
1905,  p.  647.] 

"Contrary  to  the  true  intent  and  meaning  of  this  chapter."     By 

§  5  of  tlie  act  entitled  "An  act  to  amend  the  Politieal  and  Penal 
Codes,  concerning  public  printing,  and  for  other  ]iiirposes,"  approved 
April  3,  1876  (see  Code  Anidts.  1875-76,  p.  ]6),  §§99  and  100  were 
added  to  the  Penal  Code.  That  act  also  amended  a  number  of  the 
sections  of  the  Political  Code,  relating  to  public  printing,  and  the 
)-eference  in  §  100,  supra,  is  intended  to  be  to  that  act,  and  not  to 
the  Penal  Code. 

Legislation  §  100.  1.  Added  by  Code  Amdts.  1875-76,  p.  19,  and 
then  read:  "If  the  said  superintendent  of  state  printing  shall  cor- 
ruptly collude  with  any  person  or  persons  furnishing  paper  or  male- 
rials  or  bidding  therefor,  or  with  any  other  person  or  persons,  or 
have  any  secret  understanding  with  him  or  them,  by  himself  or 
through  others,  to  defraud  the  state,  or  by  which  the  state  shall  be 
defrauded  or  made  to  sustain  a  loss,  contrary  to  the  true  intent  and 
meaning  of  this  act,  he  shall,  upon  conviction  thereof,  in  any  court 
of  competent  jurisdiction,  forfeit  his  office,  and  be  subject  to  im- 
prisonment in  the  state  prison  for  a  term  of  not  less  than  two  years, 
and  to  a  fine  of  not  less  than  one  thousand  dollars  nor  more  than 
three  thousand  dollars,  or  both  such  fine  and  imprisonment." 

2.  Amendment  by  Stats.  1901,  p.  443;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  647. 

CHAPTER  II. 

Rescues. 

§  101.     Rescuing  prisoners. 

§  102.     Retaking   goods   from   cnstodj^   of   officer. 

§  101.  E-escuing"  prisoners.  Every  person  who  rescues  or 
attempts  to  rescue,  or  aids  another  person  in  rescuing  or  at- 
tempting to  rescue,  any  prisoner  from  any  prison,  or  from 
any  officer  or  person  having  him  in  lawful  custody,  is  punish- 
able as  follows: 

1.  If  such  prisoner  Avas  in  custody  upon  a  conviction  of 
felony  punishable  Avith  death :  by  imprisonment  in  the  state 
prison  not  less  than  one  nor  more  than  fourteen  years ; 

2.  If  such  prisoner  was  in  custody  upon  a  conviction  of 
any  other  felony :  by  imprisonment  in  the  state  prison  not 
less  than  six  months  nor  more  than  five  years; 

3.  If  such  prisoner  Avas  in  custody  upon  a  charge  of 
felony:  by  a  fine  not  exceeding  one  thousand  dollars  and  im- 
prisonment in  the  county  jail  not  exceeding  two  years; 


55  RESCUES.      ESCAPES^  AND  AIDING  THEREIN.  §  105 

4.  If  such  prisoner  was  in  custody  otherwise  than  upon  a 
charge  or  conviction  of  felony :  by  fine  not  exceeding  five 
hundred  dollars  and  imprisonment  in  the  county  jail  not 
exceeding  six  months. 

Legislation  §  101.  Enacted  Febrnaij'  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  240,  §§  93,  94,  which  read: 
"§  93.  If  any  person  or  persons  shall  set  at  liberty,  or  rescue,  any 
person  who  shall  have  been  found  guilty  or  convicted  of  a  crime, 
the  punishment  of  which  is  death,  such  person,  on  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  state  prison  for 
a  term  not  less  tlian  one  year,  nor  more  than  fourteen  years;  and 
if  aiiiy  person  or  persons  shall  set  at  liberty  or  rescue  any  person 
who  shall  have  been  found  guiltj^  or  convicted  of  a  crime,  the  pun- 
ishment of  which  is  imprisonment  in  the  state  prison,  or  in  prison, 
the  person  so  offending,  on  conviction  thereof,  shall  be  sentenced  to 
the  same  punishment  that  would  have  been  inflicted  on  the  person 
so  set  at  liberty  or  rescued.  §  94.  If  any  person  shall  set  at  liberty 
or  rescue  any  person  who,  before  conviction,  stands  charged  or 
committed  for  any  capital  offense,  or  any  crime  punishable  in  the 
state  prison,  such  person  so  offending  shall,  on  conviction,  be  fined 
in  any  sum  not  exceeding  one  thousand  dollars,  and  imprisoned  in 
the  county  jail  not  exceeding  one  j'ear;  and  if  the  person  rescued 
or  set  at  liberty  stands  charged,  committed,  or  convicted  of  any 
misdemeanor  or  other  offense  punishable  by  fine  or  imprisonment, 
or  both,  the  person  convicted  of  such  rescue  or  setting  at  liberty 
shall  sufr'er  the  same  luinishment  that  would  have  been  inflicted  on 
the  person  rescued  or  set  at  liberty,  if  he  or  she  had  been  found 
guilty." 

§  102.  Retaking-  goods  from  custody  of  officer.  Every 
person  who  willfully  injures  or  destroys,  or  takes  or  at- 
tempts to  take,  or  assists  any  person  in  taking  or  attempting 
to  take,  from  the  custody  of  any  officer  or  person,  any  per- 
sonal property  which  such  officer  or  person  has  in  charge 
under  any  process  of  law%  is  guilty  of  a  misdemeanor. 

Legislation  §  102.     Enacted   February   14,   1872;    based   on   Field's 

Draft,  §  135,  N.  Y.  Pen.  Code,  §  S.-i 


CHAPTER  III. 

Escapes,  and  Aiding  Therein. 

§  105.  Escapes  from  state  prison,  punisliment  of. 

§  106.  Attempt  to  escape  from  state  prison. 

§  107.  Escapes  from  other  than  state  prison. 

§  108.  Officers  suffering  convicts  to  escape. 

§  109.  Assisting  prisoners  to  escape. 

§  110.  Carrying  into  prison  things  useful  to  aid  in  escape. 

§  111.  Expense  of  trial  for  escape. 

§  105.  Escapes  from  state  prison,  punishment  of.  Every 
prisoner  confined  in  a  state  prison,  for  a  term  less  than  for 
life,  who  escapes  therefrom,  is  punishable  by  imprisonment 
in  a  state  prison  for  a  term  of  not  less  than  one  year;  said 


§  108  I'KNAI.    CODE.  56 

second  term  of  imprisonment  to  commence  from  the  time  he 
would  otherwise  have  been  discharged  from  said  pi-isoii. 
[Amendment  approved  1905;  Stats.  11)05,  p.  723.  J 

Punisliment  for  assisting  prisoner  to  escape.  See  post,  §  109,  for 
tlic  iiviiiisliiiu'iit  imposed,  in  tliis  .state,  upon  a  person  who  assists  a 
prisoner  confinetl  in  any  prison,  or  in  tiic  lawful  custoily  of  any 
oiRcer  or  person,  to  escape. 

Escape  suffered  "by  officers:  Post,  §  lOS. 

Killing  escaped  prisoner  is  justifiable  when:  See  post,  §  19(5. 

Legislation  §  105.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1S55,  p.  20.",  §1),  and  then  read:  "Every  prisoner  confined  in  the 
state  prison  for  a  term  less  than  for  life,  who  escapes  therefrom, 
is  punishable  by  imprisonment  in  the  state  prison  for  a  term  equal 
in  length  to  the  term  he  was  serving  at  the  time  of  such  escape." 

2.  Amended  by  Code  Amdts.  1880,  j).  42,  adding  the  second  clause 
of  the  section,  which  read  as  at  present. 

3.  Amended  by  Stats.  1905,  p.  723;  the  code  commissioners  say- 
ing, ''The  old  section  was  open  to  the  objection  that  the  punishment 
prescribed  was  unequal,  not  proportionate  to  the  offense,  and  its 
constitutionality  on  that  account  has  been  sometimes  doubted.  The 
cases  of  State  v.  Lewin,  (Kan.)  37  Pac.  Eep.  168;  Barbier  v.  Con- 
nolly, 113  IT.  S.  27;  Coon  Hing  v.  Crowley,  113  U.  S.  703;  Haves  v. 
Missouri,  120  U.  S.  68;  Home  Ins.  Co.  v.  N.  Y.,  134  U.  S.  .594;  Pem- 
bina Mng.  Co.  v.  Peun.  125  U.  S.  181;  Crowley  v.  Christenson,  137 
U.  S.  86;  Yick  Wo  v.  Hopkins,  118  U.  S.  358;  Civil  Rights  Cases, 
103  U.  S.  3,  are  cited  in  behalf  of  this  view." 

§  106.  Attempt  to  escape  from  state  prison.  Every 
prisoner  confined  in  the  state  prison  for  a  term  less  than  for 
life,  who  ittempts.to  escape  from  such  prison,  is  guilty  of  a 
felony,  and,  on  conviction  thereof,  the  term  of  imprisonment 
therefor  shall  commence  from  the  time  such  convict  would 
otherwise  have  been  discharged  from  said  prison.  [Amend- 
ment approved  1880;  Code  Amdfs.  1880,  p.  42.] 

Legislation  §  106.  1.  J]nacted  February  14,  1872  (based  on  Field's 
Draft,  §  138,  N.  Y.  Pen.  Code,  §  85),  and  then  read:  "Every  prisoner 
confined  in  the  state  prison  for  a  term  less  than  for  life,  who  at- 
tempts to  escape  from  such  prison,  is  guilty  of  felony." 

2.  Amended  by  Code  Amdts.  1880,  p.  42." 

§  107.  Escapes  from  other  than  state  prison.  Every 
prisoner  confined  in  any  other  prison  than  the  state  prison, 
who  escapes  or  attempts  to  escape  therefrom,  is  guilty  of 
a  misdemeanor. 

Legislation  §  107.     Enacted  February  14,  1872. 

§  108.  Officers  suffering  convicts  to  escape.  Every  keeper 
of  a  prison,  sheriff,  deputy  sheriff,  constable,  or  jailer,  or 
person  employed  as  a  guard,  who  fraudulently  contrives, 
procures,  aids,  connives  at,  or  voluntarily  permits  the  escape 
of  any  prisoner  in  custody,  is  punishable  by  imprisonment 
in  the  state  prison  not  exceeding  ten  years,  and  fine  not  ex- 
ceeding ten  thousand  dolbirs. 


57  RESCUES.      ESCAPES,  AMD  AIDING  THEREIN.  §  109 

Legislation  §  108.  Enacted  February  14,  1872;  based  on  Crimes 
and  Piniishmeut  Act,  Stats.  1850,  p.  241,  §  99,  which  read:  "If  any 
sheriff,  coroner,  jailer,  keeper  of  a  prison,  constable,  or  other  officer 
or  person  whatever,  haviiiji  any  prisoner  in  his  legal  custody  before 
conviction,  shall  voluntarily  suffer  or  permit  such  prisoner  to  escape 
or  go  at  large,  every  such  officer  or  person  so  offending  shall,  on 
conviction,  be  tined  in  any  sum  not  exceeding  five  thousand  dollars, 
and  imprisoned  in  the  county  jail  for  any  time  not  exceeding  five 
years:  Provided,  that,  if  such  prisoner  be  in  custody  charged  with 
murder  or  other  capital  offense,  then  such  officer  or  person  suffering 
or  permitting  such  escape,  shall  be  punished  by  imprisonment  in 
Ahe  state  prison,  for  any  term  not  less  than  one  year,  nor  more  than 
ten  years.  A  negligent  escape  of  a  person  charged  with  a.  criminal 
offense  before  conviction,  from  the  custody  of  any  of  the  aforesaid 
officers,  shall  be  deemed  a  misdemeanorj  and  punished  by.  fine  not 
exceeding  five  thousand  dollars." 

§  109.  Assisting"  prisoners  to  escape.  Any  person  Avho 
willfully  assists  any  paroled  prisoner  whose  parole  has  been 
I'evoked,  any  escape,  any  prisoner  confined  in  any  prison  or 
jail,  or  any  inmate  of  any  public  training  school  or  reforma- 
tory, or  any  person  in  the  lawful  custody  of  any  officer  or 
person,  to  escape,  or  in  an  attempt  to  escape  from  such 
prison  or  jail,  or  public  training  school  or  reformatory,  or 
custody,  is  punishable  as  provided  in  section  one  hundred 
and  eight  of  the  Penal  Code.  [Amendment  appi'oved  1907 ; 
Stats.  1907,  p.  271.] 

Legislation  §  109.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  144,  N.  Y.  Pen.  Code,  §  SS;  also  based  on  Crimes  and  Punish- 
ment Act,  Stats.  1850,  p.  241,  §  98,  which  read:  "§98.  If  any  per- 
son shall  aid  or  assist  a  prisoner,  lawfully  imprisoned  or  detained 
in  custody  for  any  offense  against  this  state,  or  who  shall  be  law- 
fully confined  by  virtue  of  any  civil  process,  to  make  his  or  her 
escape  from  imprisonment  or  custody,  though  no  escape  be  actually 
made;  or  if  any  person  shall  convey  or  cause  to  be  delivered  to  such 
prisoner  any  disguise,  instrument,  or  arms,  proper  to  facilitate  the 
escape  of  such  prisoner,  any  person  so  offending  (although  no  escape 
or  attempt  to  escape  be  actually  made),  shall,  on  conviction,  be 
punished  by  fine  not  exceeding  five  thousand  dollars,  and  impris- 
oned in  the  county  jail  not  exceeding  five  years."  When  enacted 
in  1872,  §  109  read:  "Every  person  who  willfully  assist^ any  prisoner 
confined  in  any  prison  or  in  the  lawful  custody  of  any  officer  or  per- 
son to  escape,  or  in  an  attempt  to  escape  from  such  'rison  or  cus- 
tody, is  punishable  as  provided  in  section  108  of  this  code." 

2.  Amendment  by  Stats.  1901,  p.  443;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  647,  differing  from  the  amendment 
of  1907  (the  present  section),  (1)  having,  as  the  first  words  of  the 
section,  "Every  person  who  willfully  assists"  instead  of  "Any  per- 
son who  willfully  assists  any  paroled  prisoner  whose  parole  has 
been  revoked,  any  escape";  (2)  not  having,  at  end  of  section,  the 
words  "of  the  Penal  Code";  the  code  commissioner  saying,  "The 
amendment  is  designed  to  make  it  punishable  to  assist  the  escape 
of  inmates  of  reformatories,  and  to  accomplish  this  end  the  follow- 


^111  PENAL    CODE.  58 

iiig   insoitions    have   beon    made:    The    words    'or   jail,   or    ii't'ormn 
tory.'  tlie  words  'or  any   person,"  anil   tho  words  'or  jail,  or   iniblio 
training  sohool,  or  reformatory.'" 
i.  Amended  by  Stats.  1907,'  p.  271. 

§  110.  Carrying  into  prison  things  useful  to  aid  in  escape. 
Every  person  who  carries  or  sends  into  a  prison,  jail,  public 
training  school,  or  reformatory,  anything  useful  to  aid  a 
prisoner  or  inmate  iu  making  his  escape,  with  intent  thereby 
to  facilitate  the  escape  of  any  prisoner  or  inmate  confined 
therein,  is  punishable  as  provided  in  section  one  hundred 
and  eight.     [Amendment  approved  1905 ;  Stats.  1905,  p.  647.] 

Legislation  §  110.  1.  Euaotod  February  14.  1872;  based  on  Field's 
Draft.  §  142.  X.  Y.  Pen.  Code.  §  S7:  also  based  on  Crimes  and  Punish- 
ment Aet,  Stats.  1S50.  p.  241.  §9().  which  read:  "§96.  Tf  any  per- 
son shall  carry  to  any  convict  imprisoned  or  in  custody,  or  into 
any  county  jail  or  other  place  where  such  convict  may  be  confined, 
any  tool,  weapon,  or  other  aid  with  intent  to  enable  such  convict 
to  escape  such  custody  or  confinement,  whether  such  escape  be 
effected  or  not.  any  person  so  offending,  on  conviction  thereof,  shall 
be  punished  by  fine  not  exceeding  five  thousand  dollars,  and  im- 
prisonment in  the  state  prison  not  exceeding  five  years." 

2.  Amendment  by  Stats.  1901,  p.  443;  unconstitutional.  See  note, 
§  5,  ante. 

S.  Amended  by  Stats.  1905,  p.  647,  (1)  inserting  (a)  "nail,  public 
training  school,  or  reformatory"  after  "prison."  and  (b)  "or  inmate" 
after  "prisoner"  in  both  instances;  (2)  omitting  "of  this  code"  at 
end  of  section;  the  code  commissioner  saying.  "The  change  is  in 
line  with  the  proposed  change  in  §  109." 

§  111.  Expense  of  trial  for  escape.  AVhenever  a  trial  is 
had  of  any  person  under  any  of  the  provisions  of  sections 
one  hundred  and  five  and  one  hundred  and  six,  and  Avhen- 
ever  a  convict  in  the  state  prison  is  tried  for  any  crime  com- 
mitted therein,  the  county  clerk  of  the  county  Avhere  such 
trial  is  had  must  make  out  a  statement  of  all  the  costs  in- 
curred by  the  county  for  the  trial  of  such  case,  and  of  guard- 
ing and  keeping  such  convict,  and  of  the  execution  of  the 
sentence  of  such  convict,  properly  certified  to  by  a  judge 
of  the  superior  court  of  such  county,  Avhich  statement  must 
be  sent  to  the  board  of  state  prison  directors  for  their  ap- 
proval: and  after  such  approval,  said  board  must  cause  the 
amount  of  such  costs  to  be  paid  out  of  the  money  appro- 
priated for  the  support  of  the  state  prison,  to  the  county 
treasurer  of  the  county  where  such  trial  was  had.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  774.] 

Legislation  §  111.  1.  Added  by  Code  Amdts.  1880,  p.  9,  and  then 
read:  ••\Micnever  a  trial  shall  be  had  of  any  person  under  any  of 
the  provisions  of  sections  one  hundred  and  five  and  one  hundred 
and  six  of  this  code,  and  whenever  a  convict  in  the  state  prison 
shall  be  tried  for  any  crime  committed  therein,  the  county  clerk 
of  the  couutv  where  such  trial  is  had  shall  make  out  a  statement 


59  FORGIXG,   ETC.,   JUDICIAL   AXD  PUBLIC   RECORDS.         §  113 

of  all  tlie  costs  incurred  b_v  the  county  for  the  trial  of  such  ease, 
and  of  guarding  and  keeping  such  convict,  properly  certified  to  by 
a  superior  judge  of  said  county,  which  statement  shall  be  sent  to 
the  board  of  state  prison  directors  for  their  approval:  and  after 
such  approval,  said  board  shall  cause  the  amount  of  such  costs  to 
be  paid  out  of  the  money  appropriated  for  the  support  of  the  state 
-prison  to  the  countv  treasurer  of  the  countv  where  such  trial  was 
had." 

-  2.  Amendment  by  Stats.  1901,  p.  443;  unconstitutional.     See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  774;  the  code  commissioner  saying. 
"It  is  manifestly  proper  that  the  county  should  be  recouped  for  the 
expenses  covered  by  the  amendment." 


CHAPTER  IV. 

Forging,    Stealing,    Mutilating,    and    Falsifying    Judicial    and   Public 
Records   and  Documents. 

§  113.     Larceny,  destruction,  etc..  of  records  by  officers  having  them 

in  custody. 
§  114.     Larceny,  destruction,  etc.,  of  records  by  other  persons. 
§  11.5.     Offering  false  or  forged  instruments  to  be  filed  of  record. 
§  116.     Adding  names,  etc.,  to  jury-lists. 
§  117.     Falsifying  jury-lists,  etc. 

§  113.  Larceny,  destruction,  etc.,  of  records  by  officers 
having-  them  in  custody.  Every  officer  having  the  custody 
of  any  record,  map,  or  book,  or  of  any  paper  or  proceeding 
of  any  court,  filed  or  deposited  in  any  public  office,  or  placed 
in  his  hands  for  any  purpose,  Avho  is  guilty  of  stealing,  Avill- 
fully  destroying,  mutilating,  defacing,  altering  or  falsifying, 
removing  or  secreting  the  -whole  or  any  part  of  such  record, 
map,  book,  paper,  or  proceeding,  or  Avho  permits  any  other 
person  so  to  do,  is  punishable  by  imprisonment  in  the  state 
l^rison  not  less  than  one  nor  more  than  fourteen  years. 

Mutilating,  taking  away  or  destroying  records:  See  ante,  §  76; 
post,  §  114. 

Legislation  §  113.  Enacted  February  14.  1872;  based  on  Field's 
Draft,  §  147,  X.  Y.  Pen.  Code,  §  114;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  ISoO,  p.  240,  §  87,  which  read:  "If  any  judge, 
justice  of  the  peace,  sheriff,  coroner,  clerk,  recorder,  or  other  pub- 
lic officer,  or  any  person  whatsoever,  shall  steal,  embezzle,  corrupt, 
alter,  withdraw,  falsify,  or  avoid  any  record,  process,  charter,  gift, 
grant,  conveyance,  bond,  or  contract,  or  shall  knowingly  and  will- 
fully take  off,  discharge,  or  conceal  any  issue,  forfeited  recogniz- 
ance, or  other  forfeiture,  or  shall  forge,  deface,  or  falsify  any 
document  or  instrument  recorded,  or  any  registered  acknowledg- 
ment or  certificate,  or  shall  alter,  deface,  or  falsify  any  minute,  docu- 
ment, book,  or  any  proceeding  whatever  of  or  belonging  to  any 
public  office  within  this  state,  the  person  so  offending,  and  being 
thereof  duly  convicted,  shall  be  punished  by  imprisonment  in  the 
state  prison  for  a  term  not  less  than  one  nor  more  than  ten  years, 
and  be  fined  in  a  sum  not  exceeding  five  thousand  dollars." 


§  117  PENAL    CODE.  GO 

§  114.  Larceny,  destruction,  etc.,  of  records  by  other  per- 
sons. Evcn-y  person  not  an  orticiM-  .such  as  is  reicri'ed  to  in 
the  preceding"  section,  who  is  guilty  of  any  of  the  acts  speci- 
fied in  that  section,  is  punishable  by  imprisonment  in  the 
state  prison  not  exceeding  five  yeai-s,  or  in  a  county  jail 
not  exceeding  one  yeai",  or  by  u  fine  not  exceeding  one  hun- 
dred dollars,  or  by  both. 

Mutilating  or  taking  away  records:  Sec  ante,  §§  7(1,  113. 
Legislation  §  114,     Enacted   February   14,   1872;   based   on   Field's 

Draft,  §14S;    N.   Y.   Pen.   Code,  §  94;    Crimes   and   Punishment   Act, 

Stats.  1850,  p.  240,  §  87. 

§  115.  Offering  false  or  forged  instruments  to  be  filed  of 
record.  Every  person  Avho  knowingly  procni'cs  or  otfei's 
any  false  or  forged  instrument  to  be  filed,  registered,  or 
recorded  in  any  public  office  Avithin  this  state,  which  instru- 
ment, if  genuine,  might  be  filed,  or  registered,  or  recorded 
under  any  laAv  of  this  state  or  of  the  United  States,  is  guilty 
of  felony. 

Legislation  §  115.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  149    X.  Y.  Pen.  Code,  §  93. 

§  116.  Adding"  names,  etc.,  to  jury-lists.  Every  person 
who  adds  any  names  to  the  list  of  persons  selected  to  serve 
as  jurors  for  the  county,  either  by  placing  the  same  in  the 
jury-box,  or  otherAvise,  or  extracts  any  name  therefrom,  or 
destroys  the  jury-box  or  any  of  the  pieces  of  paper  contain- 
ing the  names  of  jurors,  or  mutilates  or  defaces  such  names 
so  that  the  same  cannot  be  read,  or  changes  such  names  on 
the  pieces  of  paper,  except  in  eases  alloAved  by  law,  is  guilty 
of  a  felony.  [Amendment  approA^ed  1874 ;  Code  Amdts. 
1873-74,  p.  425.] 

Legislation  §  116.  1.  Enacted  February  14,  1872,  differing  from 
the  amendment  of  1873-74,  (1)  having  the  words  "by  a  board  of 
supervisors''  after  "persons  selected";  (2)  not  having  the  words  "for 
the  county"  after  "serve  as  jurors." 

2,  Amended  by  Code  Amdts.  1873-74,  p.  425. 

§  117.  Falsifying"  jury-lists,  etc.  Every  officer  or  person 
required  by  laAV  to  certify  to  the  list  of  persons  selected  as 
jurors  Avho  maliciously,  corruptly,  or  willfully  certifies  to  a 
false  or  incorrect  list,  or  a  list  containing  other  names  than 
thope  selected,  or  Avho,  being  required  by  law  to  Avrite  doAvn 
the  namep  placed  on  the  certified  lists  on  separate  pieces  of 
paper,  does  not  Avrite  doAvn  and  place  in  the  jury-box  the 
same  names  that  are  on  the  certified  list,  and  no  more  and  no 
less  than  are  on  such  list,  is  guilty  of  a  felony. 
Legislation  §  117.     Enacted  February   14,  1872. 


Gl  PERJURY  AND  SUBORNATION  OF  PERJURY.  §  118a 


CHAPTER  V- 

Perjury  and  Subornation  of  Perjury. 

§  lis.  Perjury  defined. 

§  llSa.  False  affidavits  as  to  affiant's  tcstimoi\y. 

§  119.  Oath  defined. 

§  120.  Oath  of  office. 

§  121.  Irregularity  in  administering  oath. 

§  122.  Incompetency  of  witness  no  defense. 

§  123.  Witness's  knowledge  of  materiality  of  testimony  not  necessary. 

§  124.  Deposition,  when  deemed  to  be  complete. 

§  125.  Statement  of  that  which  one  does  not  know  to  be  true. 

§  126.  Punishment  of  perjury. 

§  127.  Subornation  of  perjury. 

§  12S.  Procuring  the  execution  of  innocent  person. 

§  129.  False  return  under  oath,  whether  oath  is  taken  or  not. 

§  118.  Perjury  defined.  Every  person  who,  having  taken 
an  oath  that  he  will  tesitify,  declare,  depose,  or  certify  trnly 
before  any  competent  tribunal,  officer,  or  person,  in  any  of 
the  cases  in  which  such  an  oath  may  by  law  be  administered, 
willfully  and  contrary  to  such  oath,  states  as  true  any  ma- 
terial matter  which  he  knows  to  be  false,  is  guilty  of  perjury. 

Irregularity  in  administering  "oath:   See  post,  §  121. 

False  sworn  statement  to  mutual  insurance  company:  See  Civ. 
Code,  §  453 j. 

False  swearing  in  report  of  building  and  loan  corporation:  See 
Civ.  Code,  §  (.i45. 

Legislation  §  118.  Enacted  February  14.  1872;  identical  with 
Field's  Draft,  §  150,  N.  Y.  Pen.  Code,  §'96.  Crimes  and  Punishment 
Act,  Stats.  1850,  p.  239,  §  82,  read:  "§  82.  Every  person  having  taken 
a  lawful  oath,  or  made  affirmation  in  any  judicial  proceeding,  or  in 
any  other  matter  where  by  law  an  oath  or  affirmation  is  required, 
who  shall  swear  or  affirm  willfully,  corruptly,  and  falsel}^,  in  a 
matter  material  to  the  issue  or  point  in  question,  or  shall  suborn 
any  other  person  to  swear  or  affirm  as  aforesaid,  shall  be  deemed 
guilty  of  perjury  or  subornation  of  perjury  (as  the  case  may  be), 
and  upon  conviction  thereof  shall  be  punished  by  imprisonment  in 
the  state  prison  for  any  term  not  less  than  one  nor  more  than  four- 
teen years." 

§  118a.     False  afiidavits  as  to  affiant's  testimony.     Any 

person  who,  in  any  affidavit  taken  before  any  person  author- 
ized to  administer  oaths,  swears,  affirms,  declares,  deposes, 
or  certifies  that  he  will  testify,  declare,  depose,  or  certify 
before  any  competent  tribunal,  officer,  or  person,  in  any  case 
then  pending  or  thereafter  to  be  instituted,  in  any  particular 
manner,  or  to  any  particular  fact,  and  in  such  affidavit  will- 
fully and  contrary  to  such  oath  states  as  true  any- material 
matter  which  he  knows  to  be  false,  is  guilty  of  perjury.  In 
any  prosecution  under  this  section,  the  subsequent  testimony 
of  such  person,  in  any  action  involving  the  matters  in  such 


§  121  PENAL    CODE.  62 

affidavit  contained,  wliicli  is  contrary  to  any  of;  the  ii)att(n-s 
in  sucli  affidavit  contained,  sliall  ])e  prima  J'acic  evidence  that 
the  nuittei'S  in  such  aiTidavit  were  i'also. 

Legislation  §  118a.  1.  Addition  by  Stats.  1901,  p.  HI',;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  648;  the  code  commissioner  saying, 
"The  object  of  this  new  section  is  to  puuisli  those  who  instigate 
litigation  by  making  false  affidavits  respecting  the  facts  to  which 
they  will  testify  and  is  made  necessary  by  the  decision  of  the 
supreme  court  in  People  v.  Simpton,  133  Cal.  367." 

§119.  Oath  defined.  The  term  "oath,"  as  used  in  the 
last  two  sections,  includes  an  affirmation  and  every  other 
mode  authorized  by  law  of  attesting  the  truth  of  that  which 
is  stated.      [Amendment  approved  1905;  Stats.  1905,  p.  648.] 

Manner  of  administering  oath.  That  mode  of  swearing  which  the 
witness  believes  most  obligatory  may  be  adopted.  No  special  form 
of  oath  or  atlirniation  is  required:  Code  Civ.  Proc,  §§  2093-2097; 
see  also  post,  §  121. 

Oath  includes  affirmation:  See  ante.  §  7. 

Legislation  §  119.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  151,  N.  Y.  Pen.  Code,  §  97. 

2.  Amendment  by  Stats.  1901,  p.  444;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  G4S,  substituting  "two  sections" 
for  "section";  the  code  commissioner  saying,  "The  change  is  made 
necessary  by  the  addition  of  §  118a  to  the  code." 

§  120.     Oath  of  Office.     So  much  of  an  oath  of  office  as 
relates  to  the  future  performance  of  official  duties  is  not  such 
an  oath  as  is  intended  by  the  two  [three]  preceding  sections. 
Oath  of  office:  See  Pol.  Code,  §§  904  et  seq. 

Legislation  §  120.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  152. 

§  121.  Irregularity  in  administering'  oath.  It  is  no  de- 
fense to  a  prosecution  for  poi-jury  that  the  oath  was  admin- 
istered or  taken  in  an  irregular  manner,  or  that  the  person 
accused  of  perjury  did  not  go  before,  or  was  not  in  the 
presence  of,  the  officer  purporting  to  administer  the  oath,  if 
such  accused  caused  or  procured  such  officer  to  certify  that 
the  oath  had  been  taken  or  administered-  [Amendment  ap- 
proved 1905;  Stats.  1905,  p.  648.] 

Legislation  §  121.     1.  Enacted   February   14.   1872;    identical   with 

Field's  Draft,  §  153,  N.  Y.  Pen.  Code,  §  97.     The  code  commissioners 

cite  People  v.  Cook,  4  Seld.  67. 

2.  Amendment  by  Stats.  1901,  p.  444;  unconstitutional.  See  note, 
§  5,  anta. 

3.  Amended  by  Stats.  1905,  p.  648,  adding  all  the  matter  after 
the  words  "irregular  manner";  the  code  commissioner  saying,  "The 
object  of  the  amendment  is  to  cut  off  the  defense  sometimes  suc- 
cessfully made  in  perjury  cases,  that  the  defendant  did  not  in  fact 


63         PERJURY  AND  SUBORNATION  OF  PERJURY.      §  126 

go  before  the  officer  and  take  oath,  it  being  at  the  same  time  ail- 
mitted  that  he  sent  tlie  affidavit  to  the  officer  with  the  intention 
that  he  should  certify  to  it,  and  with  the  intention  that  it  should 
be  used  as  valid." 

§  122.  Incompetency  of  witness  no  defense.  It  is  no  de- 
fense to  a  prosociition  for  perjury  that  the  accused  was  not 
competent  to  give  the  testimony,  deposition,  or  certificate  of 
Avhich  falsehood  is  alleged.  It  is  sufficient  that  he  did  give 
such  testimony  or  make  such  deposition  or  certificate. 

Legislation  §  122.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  154,  N.  Y.  Pen.  Code,  §  98.  The  code  commissioners  cite 
Van  Steenberg  v.  Kortz,  10  .Johns.  167. 

§  123.  Witness's  knowledge  of  materiality  of  testimony 
not  necessary.  It  is  no  defense  to  a  prosecution  for  perjury 
that  the  accused  did  not  know  the  materiality  of  the  false 
statement  made  by  him ;  or  that  it  did  not,  in  fact,  affect  the 
proceeding  in  or  for  which  it  was  made.  It  is  sufficient  that 
it  was  material,  and  might  have  been  used  to  affect  such 
proceeding. 

,    Legislation  §  123.     Enacted    Februarv    14,    1872;    identical    with 
Field's  Draft,  §  155,  N.  Y.  Pen.  Code,  §99. 

§  124.     Deposition,   v/hen  deemed  to  be  complete.     The 

making  of  a  dei3osition,  affidavit  or  certificate  is  deemed  to 
be  complete,  within  the  provisions  of  this  chapter,  from  the 
time  when  it  is  delivered  by  the  accused  to  any  other  per- 
son, with  the  intent  that  it  be  uttered  or  published  as  true. 
[Amendment  approved  1905;  Stats.  1905,  p.  648.] 

Legislation!  124.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  156,  X.  Y.  Pen.  Code,  §  100. 

2.  Amendment  by  Stats.  1901,  p.  444;  unconstitutional.  See  note, 
§5,  ante. 

3.  Amended  by  Stats.  1905,  p.  648,  adding  the  word  "affidavit"; 
the  code  commissioner  saying,  "The  purpose  is  of  the  same  character 
as  that  of  the  amendment  to  the  preceding  section.'' 

§  125.  Statement  of  that  which  one  does  not  know  to  be 
true.  An  unciualified  statement  of  that  which  one  does  not 
know  to  be  true  is  equivalent  to  a  statement  of  that  which 
one  knows  to  be  false. 

Legislation  §  125.  Enacted  Februarv  14,  1872;  identical  with 
Field's  Draft,  §  157,  K  Y.  Pen.  Code,  §"lO]. 

§  126.  Punishment  of  perjury.  Perjury  is  punishable  1)y 
imprisonment  in  the  state  prison  not  less  than  one  nor  more 
than  fourteen  years. 

Legislation  §  126.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  158,  N.  Y.  Pen.  Code,  §  106;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  241,  §  82,  q.  v.,  ante,  Legislation  §  118. 


§  12'J  I'ENAL    CODE.  G-i 

§127.  Subornation  of  perjury.  lOvci-y  pci-son  wlio  will- 
fully procures  another  i)ersou  to  coiiiniit  perjury  is  guilty 
of  subornation  of  perjury,  and  is  punishable  in  the  same 
manner  as  he  would  bo  if  personally  guilty  of  the  perjury  so 
procured. 

Legislation  §  127.     Enacted   February   14,   1872;   based   on   Field's 

Draft,  §§  162,  163,  N.  Y.  Pen.  Code,  §  105;  also  based  on  Crimes  and 

Punisiiment   Act,   Stats.   1850,   p.   239,  §  82,   q.   v.,   ante.   Legislation 

§118. 

§  128.     Procuring'    the    execution    of    innocent    person. 

Every  person  who,  by  willful  perjury  or  subornation  of  per- 
jury, procures  the  conviction  and  execution  of  any  innocent 
person,  is  punishable  by  death. 

Legislation  §  128.  Enacted  February  11,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p. '239,  §  83,  which  read:  "§83. 
Every  person  who,  by  willful  and  corrupt  perjury  or  subornation 
of  perjury,  shall  procure  the  conviction  and  execution  of  any  inno- 
cent person,  shall  be  deemed  and  adjudged  guilty  of  murder,  and 
upon  conviction  thereof  shall  suffer  the  punishment  of  death."  The 
code  commissioners  say:  "This  section  is  founded  on  the  83d  of 
the  Crimes  and  Punishment  Act  [Crim  Prac.  Act]',  which  declares 
that  any  person  so  procuring  the  conviction  and  execution  of  an 
innocent  person  'shall  be  deemed  guilty  of  murder.'  The  offense 
certainly  does  not  fall  within  any  known  definition  of  murder,  and 
is  repugnant  to  the  definition  of  murder  given  in  our  statutes.  The 
commission  have  therefore  deemed  it  advisable  to  omit  the  words 
quoted  and  to  affix  the  punishment  to  the  act  itself." 

§  129.  False  return  under  oath,  whether  oath  is  taken  or 
not.  Every  person  who,  being  required  by  law^  to  make  any 
return,  statement,  or  report,  under  oath,  willfully  makes  and 
delivers  any  such  return,  statement,  or  report,  purporting  to 
be  under  oath,  knowing  the  same  to  be  false  in  any  partic- 
ular, is  guilty  of  perjury,  Avhether  such  oath  was  in  fact 
taken  or  not. 

Legislation  §  129.  1.  Addition  by  Stats.  1901,  p.  444;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  649;  the  code  commissioner  saying, 
"The  object  of  the -section  is  similar  to  that  of  the  proposed  amend- 
ment to  §  121.     (See  People  v.  Simpton,  133  Cal.  367.)" 


65  FALyiFYING   EVIDENCE.  §  135 

CHAPTER  VI. 

Falsifying  Evidence. 

§  132.  Offering  false  evidence. 

§  133.  Deceiving  a  witness. 

§  134.  Preparing  false   evidence. 

§  135.  Destroying  evidence. 

§  136,  Preventing  or  dissuading  witness  from  attending. 

§  137.  Bribing  witnesses. 

§  138.  Taking  or  offering  to  take  bribes. 

Code  commissioners  note  to  Chapter  VT.  This  '"cliapter  is  founded 
upon  §  3  of  the  act  of  April  27,  1863  (Stats.  1863,  p.  645),  and  §§  84 
and  86  of  the  Crimes  and  Punishment  Act,  as  amended  by  the  act 
cited.  The  language  adopted  is  that  of  the  New  York  Penal  Code, 
§§  165  to  170,  inclusive.  They  more  clearly  define  the  offenses  and 
carry  out  what  evidently  was  the  spirit  and  intent  of  that  act." 

§  132.  Offering-  false  evidence.  Every  person  who  upon 
any  trial,  proceeding,  incjuiry,  or  investigation  whatever,  au- 
thorized or  permitted  by  law,  offers  in  evidence,  as  genuine 
or  true,  any  book,  paper,  document,  record,  or  other  instru- 
ment in  writing,  knowing  the  same  to  have  been  forged  or 
fraudulently  altered  or  antedated,  is  guilty  of  felony. 

Legislation  §  132.     Enacted  February   14,   1872;    based   on   Field's 

Draft,  §  165,  N.  Y.  Pen.  Code,  §  107. 

§  133.  Deceiving-  a  witness.  Every  person  who  practices 
any  fraud  or  deceit,  or  knowingly  makes  or  exhibits  any 
false  statement,  representation,  token,  or  writing,  to  any 
witness  or  person  about  to  be  called  as  a  witness  upon  any 
trial,  proceeding,  inquiry,  or  investigation  whatever,  author- 
ized by  law,  with  intent  to  affect  the  testimony  of  such  wit- 
ness, is  guilty  of  a  misdemeanor. 

Legislation  §  133.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  166,  N.  Y.  Pen.  Code,  §  108. 

§  134.  Preparing-  false  evidence.  Every  person  guilty 
of  preparing  any  false  or  antedated  book,  paper,  record,  in- 
strument in  writing,  or  other  matter  or  thing,  with  intent 
to  produce  it,  or  allow  it  to  be  produced  for  any  fraudulent 
or  deceitful  purpose,  as  genuine  or  true,  upon  any  trial,  pro- 
ceeding, or  inquiry  whatever,  authorized  by  law,  is  guilty  of 
felony. 

Legislation  §  134.     Enacted   Februarv    14,   1872;   based   on   Field's 

Draft,  §  167,  N.  Y.  Pen.  Code,  §  109. 

§  135.  Destroying-  evidence.  Every  person  who,  know- 
ing that  any  book,  paper,  record,  instrument  in  writing,  or 
other  matter  or  thing,  is  about  to  be  produced  in  evidence 
upon  any  trial,  inquiry,  or  investigation  whatever,  author- 

Pen.  Code — 5 


§  138  PENAL    CODE.  66 

izod  by  l;i\v,  will  fully  desti'oy.s  or  conceals  the  same,  Avith 
intent  thereby  to  prevent  it  from  being  produced,  is  guilty 
of  a  misdemeanor. 

Legislation  §  135.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  KiS.  N.  Y.  Pen.   Code,  §  110. 

§  136,     Preventing  or  dissuading-  witness  from  attending-. 

Every  person  Avho  Avillfully  prevents  or  dissuades  any  per- 
son Avho  is  or  may  become  a  Avitness,  fi-om  attending  upon 
any  trial,  proceeding,  or  inquiry,  authorizcnl  by  law,  is  guilty 
of  a  misdemeanor. 

Legislation  §  136.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  1()0,  N.  Y.  Pen.  Code,  §  111. 

§  137.  Bribing  witnesses.  Every  person  Avho  gives  or 
offers,  or  promises  to  give,  to  any  Avitness,  or  person  about. to 
be  called  as  a  Avitness,  any  bribe,  upon  any  understanding  or 
agreement  that  the  testimony  of  such  Avitness  shall  be 
thereby  influenced,  or  Avho  attempts  by  any  other  means 
fraudulently  to  induce  any  person  to  give  false  or  Avithhold 
true  testimony,  is  guiltv  of  a  felonv.  [Amendment  approved 
1874;  Code  Amdts.  1873-74,  p.  425.] 

Legislation  §  137.     1.  Enacted  February  14,  1872  (based  on  Field's 

Draft,  §  170,  N.  Y.  Pen.  Code,  §  113),  the  final  words  of  the  section 

then   reading,  "to  induce  any  witness  to  give  false  or  to  withhold 

true  testimony,  is  guilty  of  a  misdemeanor." 
2.  Amended  by  Code  Amdts.  1873-74,  p.  425. 

§  138.  Taking  or  offering  to  take  bribes.  Every  person 
who  is  a  witness,  or  is  about  to  be  called  as  such,  Avho  re- 
ceives, or  offers  to  receive,  any  bribe,  upon  any  understand- 
ing that  his  testimony  shall  be  influenced  thereby,  or  that 
he  Avill  absent  himself  from  the  trial  or  proceeding  upon 
which  his  testimony  is  required,  is  guilty  of  a  felony. 
[Amendment  approved  1874;  Code  Amdts.  1873-74,  p.  425-] 

Legislation  §  138.     1.  Enacted  February  14,  1872. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  425,  substituting  "felony" 
for  "misdemeanor"  at  end  of  section. 


67  OFFENSES  AGAINST  PUBLIC  JUSTICE. 

CHAPTER  YIL 
Other  Offenses  Against  Public  Justice. 

§  142.     Officer  refusing  to  receive  or  arr.ist  parties  charged  with  crime. 

§  143.     Public  administrator,  neglect  of  duty  or  violation  of  duty  by. 

§  144.  Eeceiving  fee  or  compensation  for  services  rendered  in  arrest- 
ing fugitives  from  justice. 

§  145.     Delaying  to  take  person  arrested  before  a  magistrate. 

§  146.     Mailing  arrests,  etc.,  without  lawful  authority. 

§  147.     Inhumanity  to  prisoners. 

§  148.     Eesisting  public  officers  in  the  discharge  of  their  duties. 

§  149.     Assaults,  etc.,  by  officers,  under  color  of  authority. 

§  150.     Eefusing  to  aid  officers  in  arrest,  etc. 

§  151.     Taking  extrajudicial  oaths.      [Repealed.] 

§  152.     Administering  extrajudicial  oaths.      [Repealed.] 

§  153.     Compounding  crimes. 

§  154.     Debtor  fraudulently  concealing  his  property. 

§  155.     Defendant  fraudulently  concealing  his  property. 

§  156.     Fraudulent  pretenses  relative  to  birth  of  infant. 

§  157.     Substituting  one  child  for  another. 

§  158.     Common  barratry  defined.     How  punished. 

§  159.     What  proof  is  required. 

§  159a.  Advertising  to  procure  divorce. 

§  160.     Misconduct  by  attorneys. 

§  161.     Buying  demands  or  suit  by  an   attorney. 

§  161a.  Who  may  advertise. 

§  162.  Attorneys  forbidden  to  defend  prosecutions  carried  on  h} 
their  partners  or  formerly  by  themselves. 

§  163.     Limitation  of  preceding  section. 

§  164.  Grand  juror  acting  after  challenge  has  been  allowed.  [Re- 
pealed.] 

§  165.     Bribing  boards  of  supervisors,  etc. 

§  166.     Criminal  contempts. 

§  167.     False  certificates  by  public  officers. 

§  168.     Disclosing  fact  of  indictment  having  been  found. 

§  169.     Grand  juror  disclosing  what  transpired  before  the  grand  jury. 

§  170.     Maliciously  procuring  search-warrant. 

§  171.     Unauthorized  communication  with  convict. 

§  171a.  Taking  opium,  etc.,  into  jails. 

§  171b.  Ex-convicts  coming  upon  or  near  prison  grounds. 

§  171c.  Tramp,  vagrant,  etc.,  coming  into  prison  or  upon  grounds  be- 
longing thereto. 

§  172.  Sale  of  liquors  near  university,  etc.,  prohibited.  License 
deemed  prima  facie  evidence. 

§  172a.  Sale  of  liquors  near  university. 

§  173.     Importing  foreign   convicts. 

§  174.     Bringing  Chinese  into  the  state. 

§  175,     Separate  and  distinct  prosecution. 

§  176.     Omission  of  duty  by  public  officer. 

§  177.     Offenses,  when  misdemeanors. 

§  178.     Officers   of   corporations   not   to   employ    Chinese.     [Repealed.] 

§  179.     Corporations  not  to  employ  Chinese.      [Repealed.] 

§  180.     County  treasurer  shall  not  receive  private  moneys  on  deposit. 

§  180a.  Bringing  narcotics,  intoxicating  liquors,  firearms,  etc.,  into 
state  prison.      [Repealed.] 

§  181.  Infringement  of  personal  liberty  or  attempt  to  assume  owner- 
ship of  persons.     Penalty. 


§  146  PENAL    CODE.  08 

§  142.  Officer  refusing  to  receive  or  arrest  parties  charged 
with  crime.  Every  sheriff,  coroner,  keeper  of  a  jail,  con- 
stable, or  other  peace-officei-,  who  williully  refuses  to  receive 
or  arrest  any  person  charged  witli  a  criminal  offense,  is 
punishable  by  fine  not  exceeding  five  thousand  dollars,  and 
imprisonment  in  the  county  jail  not  exceeding  five  years. 

Legislation  §  142.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  241,  §  lUO,  wliich  read:  "§100. 
If  any  sheriff,  coroner,  keeper  of  a  jail,  constable,  or  otiier  officer, 
shall  willfully  refuse  to  receive  or  arrest  any  person  charged  with 
a  criminal  offense,  such  sheriff,  coroner,  jailer,  constable,  or  other 
officer  so  offending,  sluill,  on  conviction,  bo  fined  in  any  sum  not 
exceeding  five  thousand  dollars,  and  imprisoned  in  the  county  jail 
not  exceeding  five  years." 

§  143.  Public  administrator,  neglect  of  duty  or  violation 
of  duty  by.  Every  j^erson  holding  the  office  of  public  ad- 
ministrator, Avho  willfully  refuses  or  neglects  to  perform 
the  duties  thereof,  or  who  violates  any  provision  of  law 
relating  to  his  duties  or  the  duties  of  his  office,  for  which 
some  other  punishment  is  not  prescribed,  is  punishable  by 
fine  not  exceeding  five  thousand  dollars,  or  imprisonment 
in  the  county  jail  not  exceeding  two  years,  or  both. 

Legislation  §  143.  Enacted  February  14,  1872;  based  on  Probate 
Act,  Stats.  1851,  p.  488,  §  303,  which  read:  "§  303.  For  any  willful 
misdemeanor  in  office,  the  public  administrator  may  be  indicted  and 
fined  in  any  sum  not  exceeding  two  thousand  dollars,  and  removed 
from  office." 

§  144.  Receiving'  fee  or  compensation  for  services  ren- 
dered in  arresting-  fug-itives  from  justice.  Every  person 
who  violates  any  of  the  provisions  of  section  fifteen  hun- 
dred and  fifty-eight  is  guilty  of  a  misdemeanor. 

"Provisions  of  §  1558."  The  section  referred  to  relates  to  fees  or 
compensation  allowed  persons  for  pursuing  and  securing  the  extra- 
dition of  fugitives  from  justice. 

Legislation  §  144.     Enacted  February  14,  1872. 

§  145.  Delaying'  to  take  person  arrested  before  a  magis- 
trate. Every  public  officer  or  other  person,  having  arrested 
any  person  upon  a  criminal  charge,  who  willfully  delays  to 
take  such  person  before  a  magistrate  having  jurisdiction, 
to  take  his  examination,  is  guilty  of  a  misdemeanor. 

Delay  in  taking  defendant  before  magistrate:   See  post,  §  825. 
Legislation  q  145.     Enacted   February   14,   1872;   based   on   Field's 
Draft,  §  174,  N.  Y.  Pen.  Code,  §  118. 

§  146.     Making-   arrests,   etc.,   without  lawful  authority. 

Every  public  officer,  or  person  pretending  to  be  a  public 
officer,  who,  under  the  pretense  or  color  of  any  process  or 


G9  OFFENSES  AGAINST  PUBLIC  JUSTICE.  §  148 

other  legal  authority,  arrests  any  person  or  detains  him 
against  his  will,  or  seizes  or  levies  upon  any  property,  or 
dispossesses  any  one  of  any  lands  or  tenements,  without  a 
regular  process  or  other  lawful  authority  therefor,  is  guilty 
of  a  nnsdemeanor. 

Legislation  §  146.  Enai-ted  February  li,  1872;  identical  with 
Field's  Draft,  §  175,  N.  Y.  Pen.  Code,  §"ll9. 

§  147.  Inhumanity  to  prisoners.  Every  officer  who  is 
guilty  of  willful  inhumanity  or  oppression  toward  any  pris- 
oner under  his  care  or  in  his  custody,  is  punishable  by  fine 
not  exceeding  two  thousand  dollars,  and  by  removal  from 
office. 

Legislation  §  147.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.' 240,  §88,  which  read:  "§88. 
Every  sheriff  or  jailer  who  shall  be  guilty  of  willful  inhumanity  or 
oppression  to  any  prisoner  under  his  care  or  custodj-,  shall  be  fined 
in  any  sum  not  exceeding  two  thousand  dollars,  and  be  removed 
from  office." 

§  148.  Resisting'  public  officers  in  the  discharge  of  their 
duties.  Every  person  who  willfully  resists,  delays,  or  ob- 
structs any  public  officer,  in  the  discharge  or  attempt  to  dis- 
charge any  duty  of  his  office,  when  no  other  punishment  is 
prescribed,  is  punishable  by  fine  not  exceeding  five  thou- 
sand dollars,  and  imprisonment  in  the  county  jail  not 
exceeding  five  years. 

Resisting  ofl5.cers:  Ante,  §  69. 

Legislation  §  148.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  180,  N.  Y.  Pen.  Code,  §  124;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  240,  §  92,,  which  read:  "§  92.  If  any 
person  shall  knowingly  and  willfully  obstruct,  resist,  or  oppose  any 
sheriff,  deputy  sheriff,  coroner,  constable,  marshal,  policeman,  or 
other  officer  of  this  state,  or  other  person  duly  authorized,  in  serv- 
ing, or  attempting  to  serve,  any  lawful  process  or  order  of  any 
court,  judge,  or  justice  of  the  peace,  or  any  other  legal  process 
whatsoever,  or  shall  assault  or  beat  any  such  officer  or  person  duly 
authorized  in  serving,  or  executing,  or  attempting  to  serve  or  exe- 
cute any  order  or  process  as  aforesaid,  or  for  having  served,  or 
executecl,  or  attempted  to  serve  or  execute  the  same,  every  person 
so  offending  shall  be  fined  in  any  sum  not  exceeding  five  thousand 
dollars,  and  imprisoned  in  the  county  jail  for  a  term  not  exceeding 
five  years;  Provided,  any  officer  or  person  whatsoever  that  may  or 
shall  assault  or  beat  any  individual,  under  color  of  his  commission 
or  authority,  without  lawful  necessity  so  to  do,  shall,  on  convic- 
tion, suffer  the  same  punishment."  Crimes  and  Punishment  Act, 
§92,  as  amended  by  Stats.  1860,  p.  125,  §  1,  read:  "§92.  If  any 
person  shall,  knowingly  and  willfully,  obstruct,  resist,  or  oppose, 
any  sheriff,  deputy  sheriff,  coroner,  constable,  marshal,  policeman, 
or  other  officer  of  this  state,  or  other  person  duly  authorized,  in 
serving  or  attempting  to  serve  any  law  process  or  order  of  any 
court,  judge,  or  justice  of  the  peace,  or  any  other  legal  process  what- 
ever, or  in  making  or  attempting  to  make  any  arrests    or  shall  as- 


§  150  PENAL    CODE.  70 

SJiuIt  or  lio;it  any  .siirli  ofliccr  or  poi'son  duly  aiitliorized,  in  st'ivinj; 
or  exociiting,  or  atlcniptinff  to  servo  or  execute  any  orfler  or  process, 
or  to  make  auy  such  arrests  aforesaid,  or  for  having  served  or  exe- 
cuted, or  attempted  to  serve  and  execute  the  same,  or  for  having 
made  or  attempted  to  make  such  arrest,  every  person  so  offending 
sliall  be  fined  in  any  sum  not  exceeding  five  thousand  dollars,  ancl 
imprisoned  in  the  county  jail  for  a  term  not  exceeding  five  years; 
jirovided,  any  officer  or  person  whatsoever,  who  may  or  shall  assault 
or  beat  any  individual,  under  color  of  his  commission  or  authority, 
without  lawful  necessity  so  to  do,  shall,  on  conviction,  suffer  the 
same  punishment." 

§  149.    Assaults,  etc.,  by  officers,  under  color  of  authority. 

Every  public  officer  who,  uiidei-  color  of  authority,  without 
lawful  necessity,  assaults  or  beats  any  person,  is  punishable 
by  fine  not  exceeding  five  thousand  dollars,  and  imprison- 
ment in  the  county  jail  not  exceeding  five  years. 

Legislation  §  149.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  92,  as  amended  by  Stats.  1860,  p.  12.3,  §  1, 
q.  v.,  ante.  Legislation  §  148. 

§  150.  Refusing  to  aid  officers  in  arrest,  etc.  Every 
male  person  above  eighteen  years  of  age  who  neglects  or 
refuses  to  join  the  posse  eomitatus  or  power  of  the  county, 
by  neglecting  or  refusing  to  aid  and  assist  in  taking  or 
arresting  any  person  against  whom  there  may  be  issued  any 
process,  or  by  neglecting  to  aid  and  assist  in  retaking  any 
person  who,  after  being  arrested  or  confined,  may  have 
escaped  from  such  arrest  or  imprisonment,  or  by  neglecting 
or  refusing  to  aid  and  assist  in  preventing  any  breach  of 
the  peace,  or  the  commission  of  any  criminal  offense,  being 
thereto  lawfully  required  by  any  sheriff,  deputy  sheriff, 
coroner,  constable,  judge,  or  justice  of  the  peace,  or  other 
officer  concerned  in  the  administration  of  justice,  is  punish- 
able by  fine  of  not  less  than  fifty  nor  more  than  one  thou- 
sand dollars. 

Act  to  authorize  supervisors  to  pay  expenses  of  posse  eomitatus: 
See  post,  Appendix,  tit.  "Supervisors." 

Legislation  §  150.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  177,  N.  Y.  Pen.  Code,  §  121;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  245,  §  128,  which  read:  "§128.  Every 
male  person  above  eighteen  years  of  age  who  shall  neglect  or  refuse 
to  join  the  posse  eomitatus  or  power  of  the  county,  by  neglecting 
or  refusing  to  aid  and  assist  in  taking  or  arresting  any  person  or 
persons  against  whom  there  may  be  issued  any  process,  or  by  neg- 
lecting to  aid  and  assist  in  retaking  any  person  or  persons  who, 
after  being  arrested  or  confined,  may  have  escaped  from  such  arrest 
or  imprisonment,  or  by  neglecting  or  refusing  to  aid  and  assist  in 
preventing  any  breach  of  the  peace,  or  the  commission  of  any  crimi- 
nal oifense,  being  thereto  lawfully  required  by  any  sheriff,  deputy 
sheriff,  coroner,  constable,  judge,  or  justice  of  the  peace,  or  other 
officer  concerned  in  the  administration  of  justice,  shall,  upon   eon- 


71  OFFENSES  AGAINST  PUBLIC  JUSTICE,  §  153 

victioD,  be  fined  in  any  sum  not  less  than  fifty  nor  more  than  one 
thousand  dollars." 

§  151.  Taking-  extrajudicial  oaths.  [Repealed  1874;  Code 
Amdts.  1873-74,  p.  425.] 

Legislation  §  151.     1.  Enacted   February   14,   1872. 
2.  Repealed  by  Code  Amdts.  1873-74,  p.  425. 

§  152.      Administering'    extrajudicial     oaths.     [Repealed 

1874;  Code  Amdts.  1873-74,  p.  4'25.] 

Legislation  §  152.     1.  Enacted  February  14,  1872. 
2.  Repealed  by  Code  Amdts.  1873-74,  p.  425. 

§  153.  Compounding  crimes.  Every  person  who,  having 
knowledge  of  the  actnal  commission  of  a  crime,  takes  money 
or  property  of  another,  or  any  gratuity  or  reward,  or  any 
engagement,  or  promise  thereof,  upon  any  agreement  or 
understanding  to  compound  or  conceal  such  crime,  or  to 
abstain  from  any  prosecution  thereof,  or  to  withhold  any 
evidence  thereof,  except  in  the  cases  provided  far  by  law, 
in  which  crimes  may  be  compromised  by  leave  of  court,  is 
punishable  as  follows : 

1.  By  imprisonment  in  the  state  prison  not  exceeding  five 
years,  or  in  a  county  jail  not  exceeding  one  year,  where  the 
crime  was  punishable  by  death  or  imprisonment  in  the  state 
prison  for  life ; 

2.  By  imprisonment  in  the  state  prison  not  exceeding 
three  years,  or  in  the  county  jail  not  exceeding  six  months, 
where  the  crime  was  punishable  by  imprisonment  in  the  state 
prison  for  any  other  term  than  for  life ; 

3.  By  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  fine  not  exceeding  five  hundred  dollars,  where 
the  crime  Avas  a  misdemeanor. 

Compromising  certain  offenses:  Post,  §§  1377-1379. 

Legislation  §  153.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  1S3,  N.  Y.  Pen.  Code,  §  125;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  241,  §  101,  which  read:  "§101.  Every 
person  having  a  knowledge  of  the  actual  commission  of  any  offense 
punishable  by  imprisonment  in  a  county  jail,  or  by  fine,  or  of  any 
misdemeanor  or  violation  of  any  statute  for  which  any  pecuniary 
or  other  penalty  is  or  shall  be  prescribed,  who  shall  take  any  money, 
property,  gratuity,  or  reward,  or  any  engagement  or  promise  there- 
for, upon  any  agreement  or  understanding,  express  or  implied,  to 
compound  or  conceal  any  such  offense  or  misdemeanor,  or  to  abstain 
from  any  prosecution  therefor,  or  to  withhold  any  evidence  thereof, 
shall,  upon  conviction,  be  fined  in  any  sum  not  exceeding  five  hun- 
dred dollars,  or  imprisoned  in  the  county  jail  not  more  than  six 
months:  Provided,  that  this  section  shall  not  apply  to  those  offenses 
which  may  lawfully  be  compromised  by  leave  of  court";  also  based 
on  Crim.  Prac.  Act,  Stats.  1851,  p.  240,  §  257,  wliich  read:  "§257. 
A  person  may  be  indicted  for  having,  with  the  knowledge   of  the 


6  155  PENAL    CODE.  72 

c'omiiiissioii  (if  a  [uiblic  offense,  taken  money  or  pro[)erty  of  another, 
or  a  gratuit.v  or  a  reward  or  an  agreement  or  nnderstanding  express 
or  implieil  to  compound  or  conceal  the  offense,  or  lo  abstain  from 
*  a  prosecutiou  therefor,  or  to  witlihold  any  evidence  tliereof,  though 
the  persons  guilty  of  the  original  offense  have  not  been  indicted 
or  tried."  The  code  commissioners  say:  "This  section  was  complied 
from  §  101  of  the  Crimes  and  Punishment  Act,  and  §  257  of  the 
Criminal  Practice  Act  (Stats.  18o0,  p.  229;  Stats.  185],  p.  212),  with 
the  punishment  graded  in  proportion  to  the  enormity  of  the  offense 
compounded.  The  language  is  nearly  that  of  the  New  York  Penal 
Code   [Field's  Draft].,  §  18;i." 

§  154.     Debtor    fraudulently    concealing'    his    property. 

Every  debtor  who  fraudulently  removes  his  property  or 
effects  out  of  this  state,  or  fraudulently  sells,  conveys, 
assif?ns,  or  conceals  his  property,  with  intent  to  defraud, 
hinder,  or  delay  his  creditors  of  their  rights,  claims,  or 
demands,  is  punishable  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  fine  not  exceeding  five  thou- 
sand dollars,  or  by  both. 

Fraudulent  acts  to  defraud  creditors:  See  post,  §§  155,  531. 
Legislation  §  154.  E'nacted  Februarv  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  246,  §  134,  which  read:  "§134. 
If  any  debtor  shall  fraudulently  remove  his  property  or  effects  out 
of  this  state,  or  shall  fraudulently  sell,  convey,  or  assign,  or  conceal 
his  property  or  effects,  with  intent  to  defraud,  hinder,  or  delay  his 
creditors  of  their  just  rights,  claims,  or  demands,  he  shall,  on  con- 
viction, be  punished  by  imprisonment  in  the  county  jail  for  any 
term  not  exceeding  one  year,  or  by  fine  not  exceeding  five  thon- 
sand  dollars,  or  by  both  such  fine  and  imprisonment." 

§  155.     Defendant  fraudulently  concealing*  his  property. 

Every  pei'son  against  Avhom  an  action  is  pending,  or  against 
whom  a  judgment  has  been  rendered  for  the  recovery  of 
any  personal  property,  who  fraudulently  conceals,  sells,  or 
disposes  of  such  property,  with  intent  to  hinder,  delay,  or 
defraud  the  person  bringing  such  action  or  recovering  such 
judgment,  or  with  such  intent  removes  such  property  beyond 
the  limits  of  the  county  in  which  it  may  be  at  the  time  of 
the  commencement  of  such  action  or  the  rendering  of  such 
judgment,  is  punishable  as  provided  in  the  preceding  section. 
Fraudulent  acts  to  defraud  creditors:  See  ante,  §  154;  post,  §  531. 
Legislation  §  155.     Enacted   February   14,   1872;   based   on   Crimes 
and  Punishment  Act,  Stats.   1850,  p.  246,  §  135,  which   read:   "Any 
person  against  whom  an  action  is  pending,  or  against  whom  a  judg- 
ment has  been  rendered  for  the    recovery  of  any  personal  property 
or  effects,  who  shall  fraudulently  conceal,  sell,  or  dispose  of  such 
property   or   effects,   with   intent   to   hinder,    delay,   or   defraud   the 
person  bringing  such  action  or  recovering  such  judgment,   or  shall 
with  such  intent  remove  such  property  or  effects  beyond  the  limits 
of  the  county  in  which  it  may  be  at  the  time  of  the  commencement 
of  such   action   or   the   rendering   of   such  judgment,  shall,   on  con- 
viction, be  punished  as  provided  ie  the  next  preceding  section." 


73  OFFENSES  AGAINST  PUBLIC  JUSTICE.  §  159 

§  156.     Fraudulent  pretenses  relative  to  birth  of  infant. 

Every  person  who  fraudulently  produces  an  infant,  falsely 
pretending  it  to  have  been  born  of  any  parent  whose  child 
would  be  entitled  to  inherit  any  real  estate  or  to  receive  a 
share  of  any  personal  estate,  with  intent  to  intercept  the 
inheritance  of  any  such  real  estate,  or  the  distribution  of 
any  such  personal  estate  from  any  person  lawfully  entitled 
thereto,  is  punishable  by  imi^risonnicnt  in  the  state  prison 
not  exceeding  ten  years. 

Legislation  §  156.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  212,  N.  Y.  Pen.  Code,  §  151.  The  New  York 
code  commissioners  say:  "This  is  substantially  the  provision  of  2 
Eev.  Stats.,  p.  676,  §  51.  The  commissioners  would  have  recom- 
mended the  enactment  of  a  more  extended  provision,  which  should 
forbid  the  holding  out  of  a  child  as  born  of  other  than  its  true 
parents,  were  it  not  that  such  an  enactment  would  render  neces- 
sary a  sj'stem  of  provisions  regulating  and  legalizing  the  adoption 
of  children.  The  subject  of  adoptions  is  one  which  the  commis- 
sioners have  under  consideration,  and  some  systematic  provisions 
relative  to  it  may  perhaps  be  reported,  but  the  topic  does  not  come 
within  the  Penal  Code." 

§  157.  Substituting-  one  child  for  another.  Every  person 
to  whom  an  infant  has  been  confided  for  nursing,  education, 
or  any  other  purpose,  who,  wdth  intent  to  deceive  any 
parent  or  guardian  of  such  child,  substitutes  or  produces 
to  such  parent  or  guardian  another  child  in  the  place  of  the 
one  so  confided,  is  pluiishable  by  imprisonment  in  the  state 
prison  not  exceeding  seven  years. 

Legislation  §  157.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  213,  N.  Y.  Pen.  "Code,  §  152.  The  New  York 
code  commissioners  say:  "Founded  upon  2  Eev.  Stats.,  p.  677,  §  52. 
The  changes  introduced  are  two.  The  provisions  of  the  Eevised 
Statutes  is  [sic]'  limited  to  cases  where  the  infant  confided  to  the 
accused  is  under  six  years.  The  commissioners  are  of  the  opinion 
that  while  the  substitution  may  become  less  and  less  feasible  with 
the  advancing  age  of  the  child,  it  is  not  the  less  criminal,  if  per- 
petrated, because  the  child  has  passed  the  age  of  six;  and  they 
therefore  omit  the  restriction.  They  also  use  the  words  'substitutes 
or  produces,'  in  place  of  'substitutes  and  produces';  in  order  to 
embrace  cases  in  which  the  child  may  not  lae  exhibited  in  person 
to  the  parent  or  guardian." 

§  158.  Common  barratry  defined.  How  punished.  Com- 
mon barratiy  is  the  practice  of  exciting  groundlesss  judicial 
proceedings,  and  is  punishable  by  imprisonment  in  the 
county  jail  not  exceeding  six  months  and  by  fine  not  exceed- 
ing five  hundred  dollars. 

Legislation  §  158.     Enacted   February    14,   1872;    l)ased   on   Field's 

Draft,  §  190,  N.  Y.  Pen.  Code,  §  132. 

§  159.  What  proof  is  required.  No  person  can  be  con- 
victed of  common  barratry  except  upon  proof  that  he  has 


§  IGO  PENAL    CODE.  74 

excited  suits  or  pi'oeeediugs  at  law  in  at  least  tliree  in- 
stances, and  with  a  corrupt  or  malicious  intent  to  vex  and 

annoy. 

Legislation  §  159.  Eiiai-toJ  Fcl^ruarv  14,  1872;  identical  with 
Field's  Draft,  §  192,  N.  Y.  Pen.  Code,  §134. 

§  159a.  Advertising-  .to  procure  divorce.  Whoever  ad- 
vertises, ])riiits,  i)ul)lisli('s,  distrihutos,  or  circulates,  or 
causes  to  ])e  advertised,  printed,  ])u})lished,  distri])uted,  or 
circulated,  any  circular,  pamphlet,  card,  hand-bill,  advertise- 
ment, printed  paper,  book,  newspaper,  or  notice  of  any  kind, 
offering  to  procure  or  obtain,  or  to  aid  in  procuring  or  ob- 
taining, any  divorce,  or  the  severance,  dissolution,  or  annul- 
ment of  any  marriage,  or  offering  to  engage  or  appear  or 
act  as  attorney,  counsel,  or  referee  in  any  suit  for  alimony 
or  divorce,  or  the  severance,  dissolution,  or  annulment  of 
any  marriage,  either  in  this  state  or  elsewhere,  is  guilty  of 
a  misdemeanor.  This  section  does  not  apply  to  the  printing 
or  publishing  of  any  notice  or  advertisement  required  or 
authorized  by  anv  law  of  this  state.  [Amendment  approved 
1905;  Stats.  1905";  p.  649.] 

Legislation  §  159a.  1.  Added  by  Stats.  1891,  p.  279,  as  §  1.59i/l>, 
and  then  read:  "Whoever  advertises,  prints,  publishes,  or  circulates, 
or  causes  to  be  advertised,  printed,  published,  distributed,  or  circu- 
lated, any  circular,  pamphlet,  card,  hand-bill,  advertisement,  printed 
paper,  book,  newspaper,  or  notice  of  any  kind  offering  to  procure, 
or  to  aid  in  procuring,  any  divorce,  either  in  this  state  or  elsewhere, 
shall  be  guilty  of  a  misdemeanor.  This  act  shall  not  apply  to  the 
printing  or  publishing  of  any  notice  or  advertisement  required  or 
authorized  by  any  law  of  this  state." 

2.  Amended  by  Stats.  1893,  p.  48,  differing  from  the  amendment 
of  1905  (the  present  section),  having,  (1)  in  first  sentence,  (a) 
"nullity"  insteid  of  "annulment"  in  both  instances,  and  (b)  "shall 
be"  instead  of  "is"  before  "guilty  of  a  misdemeanor,"  at  end  of 
sentence;  (2)  in  final  sentence,  "This  act"  instead  of  "This  sec- 
tion." 

3.  Amendment  by  Stats.  1901,  p.  444,  being  identical  with  the 
amendment  of  1905,  although  the  code  commissioners  call  it  a  new 
section;   unconstitutional.     See   note,  §  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  649.  ' 

§  160.  Misconduct  by  attorneys.  Every  attorney  who, 
whether  as  attorney  or  as  counselor,  either : 

1.  Is  guilty  of  any  deceit  or  collusion,  or  consents  to  any 
deceit  or  collusion,  with  intent  to  deceive  the  court  or  any 
party ;  or, 

2.  Willfully  delays  his  client's  suit  with  a  view  to  his  own 
gain ;  or, 

3.  Willfully  receives  any  money  or  allowance  for  or  on 


75  OFFENSES  AGAINST  PUBLIC  JUSTICE.  ^  1G2 

account  of  any  money  which  he  has  not  laid  out  or  become 

answerable  for ; 

— Is  guilty  of  a  misdemeanor. 
Disbarring  attorneys:  See  Code  Civ.  Proc,  §  287. 
Legislation  §  160.  EBacted  February  14,  1872;  based  on  Field's 
Draft,  §  209,  N.  Y.  Pen.  Code,  §  148.  The  New  York  code  commis- 
sioners say:  "  'As  attorney  or  as  counselor.'  In  general  tliroughout 
the  code,  the  commissioners  have  used  the  word  'attorney,'  as  em- 
bracing all  classes  of  legal  ^Ji'actitioners,  conformably  to  the  exist- 
ing law  by  which  both  the  functions  of  the  attorney  and  those  of 
the  counselor  at  law  are  united  in  the  same  person.  But  it  has 
been  held  that  although  candidates  for  admission  to  the  bar  are  now 
admitted  as  attorneys  and  as  counselors  at  the  same  time,  yet  the 
offices  are  still  distinct.  (Easton  v.  Smith,  1  E.  D.  Smith,  318; 
Brady  v.  Mayor  etc.  of  New  York,  1  Sandf.  559.)  As  some  of  the 
acts  prohibited  in  the  above  section  might  be  committed  by  one 
acting  only  as  a  counselor,  and  who,  though  in  fact  also  an  attorney, 
had  no  retainer  as  such  in  the  cause  to  which  the  misconduct  related, 
the  commissioners  have  declared  the  acts  punishable  in  whichever 
capacity  the  defendant  acts." 

§  161,  Buying-  demands  or  suit  by  an  attorney.  Every 
attorney  Avho,  either  directly  or  indirectly,  buys  or  is  in- 
terested in  buying  any  evidence  of  debt  or  thing  in  action, 
with  intent  to  bring  suit  thereon,  is  guilty  of  a  misdemeanor. 
Legislation  §  161.     Enacted    February    14,    1872;    identical    with 

Field's  Draft,  §  194,  N.  Y.  Pen.  Code,  §  136. 

§  161a.  Who  may  advertise.  Any  person  other  than  a 
regularly  licensed  attorney  who  advertises  himself  as  prac- 
ticing or  entitled  to  practice  law  in  any  court  of  justice  is 
guilty  of  a  misdemeanor.  [Amendment  approved  1909; 
Stats.  1909,  p.  247.] 

Legislation  §  161a.  1.  Addition  by  Stats.  1901,  p.  444;  uncon- 
stitutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  649,  and  then  read:  "Any  person,  other 
than  a  regularly  licensed  attorney,  who  advertises  or  holds  himself 
out  as  practicing  or  entitled  to  practice  law  in  any  court  of  record, 
is  guilty  of  a  misdemeanor." 

3.  Amended  by  Stats.  1909,  p.  247. 

§  162.  Attorneys  forbidden  to  defend  prosecutions  car- 
ried on  by  their  partners  or  formerly  by  themselves.  Every 
attorney  who  directly  or  indirectly  advises  in  relation  to,  or 
aids,  or  promotes  the  defense  of  any  action  or  proceeding 
in  any  court,  the  prosecution  of  which  is  carried  on,  aided, 
or  promoted  by  any  person  as  district  attorney  or  other 
public  prosecutor,  with  whom  such  person  is  directly  or  in- 
directly connected  as  a  partner;  or  who,  having  himself 
prosecuted  or  in  any  manner  aided  or  promoted  any  action 
or  proceeding  in  any  court  as  district  attorney  oi'  other 


§  1G5  PENAL    CODE.  76 

public  2)iH)scK'uiur,  aiteruiirds,  dircetly  or  indirectly,  advises 
ill  relation  to  or  takes  any  part  in  the  defense  thereof,  as 
attorney  or  otherwise,  or  Avho  takes  or  receives  any  valu- 
able consideration  from  or  on  behalf  of  any  defendant  in 
any  such  action,  upon  any  understanding  or  agreement 
whatever  having  relation  to  the  defense  thereof,  is  guilty  of 
a  misdemeanor,  and  in  addition  to  the  punishment  pre- 
scribed thercfoi',  forfeits  his  license  to  practice  law. 

Legislation  §  162.  Enacted  Fobruary  11,  1872;  based  on  Field's 
Draft,  §  7oU,  N.  Y.  Pen.  Code,  §  670. 

§  163.  Limitation  of  preceding  section.  The  preceding 
section  does  not  prohibit  an  attorney  from  defending  him- 
self m  person,  as  attorne}^  or  counsel,  when  prosecuted, 
either  civilly  or  criminally. 

Legislation  §  163.     Enacted   February    14,   1872;    based   on   Field's 

Draft,  §  731,  N.  Y.  Pen.  Code,  §  671. 

§  164.  Grand  juror  acting'  after  challenge  has  been  al- 
lowed.     [Repealed  1911;  ^Stats.  1911,  p.  484.] 

Grand  juror  acting  after  allowance  of  challenge:  See  post,  §  900. 
Legislation  §  164.     1.  Enacted  February   14,   1872;    identical  with 
Field's  Draft,  §  20.S,  N.  Y.  Pen.  Code,  §  144. 
2.  Eepealed  1911,  Stats.  1911,  p.  434. 

§  165.  Bribing  boards  of  supervisors,  etc.  Every  person 
who  gives  or  offers  a  bribe  to  any  member  of  any  common 
council,  board  of  supervisors,  or  board  of  trustees  of  any 
county,  city  and  county,  city,  or  public  corporation,  with 
intent  to  corruptly  influence  such  member  in  his  action  on 
any  matter  or  subject  pending  before,  or  which  is  after- 
ward to  be  considered  by,  the  body  of  which  he  is  a  mem- 
ber, and  every  member  of  any  of  the  bodies  mentioned  in 
this  section  w^ho  receives,  or  agrees  to  receive  any  bribe 
upon  any  understanding  that  his  official  vote,  opinion,  judg- 
ment, or  action  shall  be  influenced  therebj^,  or  shall  be  given 
in  any  particular  manner  or  upon  any  particular  side  of  any 
question  or  matter,  upon  which  he  may  be  required  to  act  in 
his  official  capacity,  is  punishable  by  imprisonment  in  the 
state 's  prison  not  less  than  one  nor  more  than  fourteen  years, 
and  upon  conviction  thereof  shall,  in  addition  to  said  pun- 
ishment, forfeit  his  office,  be  disfranchised  and  forever  dis- 
qualified from  holding  any  public  office  or  trust.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  650.] 

Legislation  §  165.  1.  Enacted  February  14,  1872  (based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  239,  §§  S4,  85,  as  amended  by 
Stats.  1863,  pp.  645,  (546,  §§  1,  2),  and  then  read:  "Every  ]icrson  who 
gives  or  offers  a  bribe'  to  any  member  of  an}'  common  council,  board 
of  supervisors,  or  board  of  trustees  of  any  county,  city,  or  corpora- 


77  OFFENSES  AGAINST  PUBLIC  JUSTICE.  §  IGG 

lion,  with  intent  to  corruptly  influence  such  member  in  his  action  on 
any  matter  or  subject  pendiujj-  before  the  body  of  which  he  is  a  mem- 
ber, and  every  member  of  either  of  the  bodies  mentioned  in  this  sec- 
tion who  receives  or  offers  to  receive  any  such  bribe,  is  punishable 
by  imprisonment  in  the  state  prison  for  a  term  not  less  than  one 
nor  more  than  fourteen  years,  and  is  disqualified  from  holding  any 
office  in  this  state." 

2.  Amendment  by  Stats.  1901,  p.  440;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  650;  the  code  commissioner  saying, 
"The  word  'public'  is  inserted  before  the  word  'corporation,'  as  the 
section  was  undoubtedly  intended  to  apply  to  bodies  and  author- 
ities of  a  public  character.  The  words  'of  which  is  afterward  to 
be  considered  by'  are  inserted.  The  words  'upon  any  understand- 
ing that  his  official  vote,  opinion,  judgment,  or  action  shall  be  in- 
fluenced thereb,y,  or  shall  be  given  in  any  particular  manner  or 
upon  an_y  particular  side  of  any  question  or  matter,  upon*  which 
he  may  be  required  to  act  in  his  official  capacity,'  were  not  in  the 
report  of  the  original  code  commission,  but  were  inserted  as  a 
committee  amendment  at  a  previous  session.  The  added  words  'in 
addition  to  said  punishment'  were  likewise  insei-ted  by  said  com- 
mittee." 

§  166.  Criminal  contempts.  Every  person  guilty  of  any 
contempt  of  court,  of  either  of  the  following  kinds,  is  guilty 
of  a  misdemeanor : 

1.  Disorderly,  contemptuous,  or  insolent  behavior  com- 
mitted during  the  sitting  of  any  court  of  justice,  in  imme- 
diate view  and  presence  of  the  court,  and  directly  tending 
to  interrupt  its  proceedings  or  to  imjjair  the  respect  due  to 
its  authority ; 

2.  Behavior  of  the  like  character  committed  in  the  pres- 
ence of  any  referee,  while  actually  engaged  in  any  trial  or 
hearing,  pursuant  to  the  order  of  any  court,  or  in  the  pres- 
ence of  any  jury  while  actually  sitting  for  the  trial  of 
a  cause,  or  upon  any  inquest  or  other  proceedings  authorized 
by  laAv ; 

3.  Any  breach  of  the  peace,  noise,  or  other  disturbance 
directly  tending  to  interrupt  the  proceedings  of  any  court ; 

4.  Willful  disobedience  of  any  process  or  order  lawfully 
issued  by  any  court ; 

5.  Kesistance  willfully  offered  by  any  person  to  the  law- 
ful order  or  process  of  any  court ; 

6.  The  contumacious  and  unlawful  refusal  of  any  person 
to  be  sworn  as  a  witness;  or,  when  so  sworn,  the  like  refusal 
to  answer  any  material  question ; 

7.  The  publication  of  a  false  or  grossl}'  inaccurate  report 
of  the  proceedings  of  any  court ; 

8.  Presenting  to  any  court  having  power  to  pass  sentence 
upon  any  prisoner  under  conviction,  or  to  any  member  of 
such  court,  any  affidavit  or  testimony  "or  representation  of 


§  1G9  PENAL   CODE.  78 

any  kind,  xcrhal  or  wi-itlcii,  in  ng'^cavatioii  or  niitigatiou 
oL"  the  i)Uiiisliiiu'nt  to  l)o  iiiijioscd  upon  sucli  prisonor,  except 
as  provided  in  this  code. 

Contempt  punishable  as  a  crime:  Post,  §  657. 

Contempts.  Power  of  court  to  punish;  Code  Civ.  Proc,  §§  128, 
177,  17S. 

Resistance  of  process:  See  post,  §  724. 

Legislation  §  166.  Enacted  February  14,  1872;  based  ou  Field's 
Draft,  §201,  N.  Y.  Pen.  Code,  §  143. 

§  167.  False  certificates  by  public  officers.  Every  public 
officer  authorized,  by  laAV  to  make  or  give  any  certificate  or 
other  writing,  who  makes  and  delivers  as  true  any  such 
certificate  or  Avriting,  containing  statements  which  he 
knows'to  be  false,  is  guilty  of  a  misdemeanor. 

Legislation!  167.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  223,  N.  Y.  Pen.  Code,  §  163. 

2.  Amendment  by  Stats.  1901,  p.  445;  unconstitutional.  See  note, 
§  5,  ante. 

§  168.     Disclosing  fact  of  indictment  having  been  found- 

Every  grand  juror,  district  attorney,  clerk,  judge  or  other 
officer  who,  excei^t  by  issuing  or  in  executing  a  warrant  of 
arrest,  willfully  discloses  the  fact  of  an  information  or  in- 
dictment having  been  made  for  a  felony,  until  the  defendant 
has  been  arrested,  is  guilty  of  a  misdemeanor.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  650.] 

Legislation!  168.  1.  Enacted  February  14.  1872;  based  on  Field's 
Draft,  §  217,  X.  Y.  Pen.  Code,  §§  156,  157.  The  code  commissioners 
say:  "This  section  is  founded  upon  §§  223  and  224  of  the  Criminal 
Practice  Act  (Stats.  1851,  p.  212),  extended  to  embrace  indictments 
as  well  as  presentments,  the  reason  of  the  rule  applying  with  as 
much  force  to  one  as  to  the  other." 

2.  Amendment  by  Stats.  1901,  p.  445;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  650;  the  code  commissioners  saying, 
"  'Presentment'  is  stricken  out  and  'information'  inserted  in  its 
place,  for  the  reason  that  under  the  constitution  of  1879  there  is 
no  prosecution  by  presentment,  that  portion  of  this  section  (origi- 
nally passed  in  1872)   having  been  superseded  by  the  constitution." 

§  169.     Grand  juror  disclosing  what  transpired  before  the 

grand  jury.     Every  grand  juror  who,  except  when  required 

by  a  court,  willfully  discloses  any  evidence  adduced  before 

the  grand  jury,  or  anything  which  he  himself  or  any  other 

member  of  the  grand  jury  may  have  said,  or  in  what  manner 

he  or  any  other  grand  juror  may  have  voted  on  a  matter 

before  them,  is  guilty  of  a  misdemeanor. 

Legislation  §  169.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  218,  N.  Y.  Pen.  Code,  §  157. 


79  OFFENSES  AGAINST  PUBLIC  JUSTICE.  §  17lb 

§  170.  Maliciously  procuring  search-warrant.  Every  per- 
son who  maliciously  and  without  probable  cause  procures  a 
search-Avarrant  or  warrant  of  arrest  to  be  issued  and  exe- 
cuted, is  guilty  of  a  misdemearior. 

Legislation  §  170.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  220,  N.  Y.  Pen.  Code,  §  159. 

§  171.  Unauthorized  communication  with  convict.  Every 
person,  not  authorized  by  law,  who,  without  tlie  permission 
of  the  warden  or  other  officer  in  charge  of  any  state  prison, 
jail,  or  reformatory  in  this  state,  communicates  with  any 
convict  or  person  detained  therein,  or  brings  therein  or 
takes  therefrom  any  letter,  writing,  literature,  or  reading- 
matter  to  or  from  any  convict  or  person  confined  therein,  is 
guilty  of  a  misdemeanor.  [Amendment  approved  1905 ; 
Stats.  1905,  p.  651.] 

Legislation  §  171.  1.  Enacted  February  H,  1872  (based  on  Field's 
Draft,  §  221,  N.  Y.  Pen.  Code,  §  160),  and  then  read:  "Every  person, 
not  authorized  by  law,  who,  without  the  consent  of  the  warden,  or 
other  officer  in  charge  of  the  state  prison,  communicates  with  any 
convict  therein,  or  brings  into  or  conveys  out  of  the  state  prison 
any  letter  or  writing  to  or  from  any  convict,  is  guilty  of  a  misde- 
meanor." 

2.  Amendment  bj'  Stats.  1901,  p.  445;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  651;  the  code  commissioner  saying, 
"The  scope  of  the  section  is  broadened  by  the  insertion  of  the 
words  'jail  or  reformatory  in  this  state,'  and  the  words  'literature 
or  reading-matter.'  " 

§  171a.  Taking'  opium,  etc.,  into  jails.  Any  person,  not 
authorized  by  law,  who  brings  into  any  state  prison,  town 
or  county  jail,  or  city,  or  city  and  county  jail,  or  reform- 
atory in  this  state  or  within  the  grounds  belonging  or 
adjacent  to  any  such  institution,  any  opium,  morphine, 
cocaine,  or  other  narcotic,  or  any  intoxicating  liquor  of  any 
kind  whatever,  or  any  firearms,  weapons,  or  explosives  of 
any  kind,  is  guilty  of  a  felony-  [Amendment  approved 
1911;Stats.  1911,  p.  364.] 

Legislation  §  171a.  1.  Addition  by  Stats.  1901,  p.  445;  unconstitu- 
tional.    See  note,  §  5  ante. 

2.  Added  by  Stats.  1905,  p.  651;  the  code  commissioner  saying,  in 
his  note  to  §§  171a,  171b,  171c,  180a,  "§§  171a,  171b,  and  ifle  con- 
tain the  matter  now  contained  in  §  180a,  [see  post.  Legislation 
§§  180,  181,]'  and  also  a  codification  of  the  provisions  of  the  statute 
of  1895,  p.  92." 

3.  Amended  by  Stats.  1911,  p.  364,  by  adding  the  words  "town  or 
county  jail  or  city  and  county"  before  the  word  "jail." 

§  171b.     Ex-convicts  coming  upon  or  near  prison  grounds. 

Every  person  who,  having  been  previously  convicted  of  a 
felony  and  confined  in  any  state  prison  in  this  state,  without 


§  172  PENAL    CODE.  80 

the  consent  of  llic  warden  or  dllici'  oniccr  in  cliai's^c  ol'  any 
state  prison  oi-  i-ci'orinatoiy  in  this  slate,  eonies  ii[)on  the 
gi'ouiuls  of  any  such  institution,  or  Jands  belouf^ing  or 
adjacent  thereto,  in  llie  niglit-tinie,  is  guilty  oi'  a  rek)ny. 
Legislation  §  171b.  1.  Addition  by  Stats.  1901,  p.  41tj;  luu-ousti- 
tional.     See  uote,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  (531.     See  ante,  Legislation  §  171a,  for 
code  commissioner's  note.     See  also,  post,  Legislation  §§  180,  180a. 

§  171c.  Tramp,  vagrant,  etc.,  coming'  into  prison  or  upon 
grounds  belonging  thereto.  Any  tramp,  vagrant,  or  person 
who  is  a  Ivnown  associate  of  thieves,  who  comes  into  any 
state  reformatory  in  this  state,  or  upon  the  grounds  behnig- 
ing  or  adjacent  thereto,  and  communicates  with  any  of  the 
inmates  of  such  institution,  Avithout  the  consent  of  the  su- 
perintendent or  other  person  having  charge  thereof,  or  who 
visits  or  communicates  with  any  paroled  pupil  or  inmate 
of  such  institution,  with  a  view  to  induce  him  to  violate  the 
conditions  of  his  parole,  or  who  induces  such  paroled  pupil 
or  inmate  to  leave  the  guardian  under  whom  he  has  been 
placed  by  the  superintendent  or  other  head  of  such  institu- 
tion, is  guilty  of  a  misdemeanor. 

Legislation  §  171c.     1.  Addition  by  Stats.  1901,  p.  446;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  651.     See  ante,  Legislation  §  171a,  for 
code  commissioner's  note.     See  also,  post,  Legislation  §§  180,  180a. 

§  172.  Sale  of  liquors  near  university,  etc.,  prohibited. 
License  deemed  prima  facie  evidence.  1.  Every  person 
who,  within  half  a  mile  of  the  land  belonging  to  this  state 
upon  which  any  state  prison,  or  within  nineteen  hundred 
feet  of  the  land  belonging  to  this  state  upon  which  any 
reformatory,  is  situated,  or  within  one  mile  of  the  grounds 
belonging  to  the  University  of  California,  at  Berkeley,  or 
within  one  and  one-half  miles  of  the  exterior  limits  of  the 
land  on  which  is  located  the  Veterans'  Home  at  Yountville, 
Napa  County,  California,  or  within  three  miles  of  the  uni- 
versity farm  at  Davis,  or  within  one  and  one-half  miles  of 
the  lands  occupied  by  any  home,  retreat,  or  asylum  for 
ex-soldiers,  sailors,  and  marines  of  the  army  and  navy  of 
the  United  States,  established  or  to  be  established  by  this 
state,  or  by  the  United  States  within  this  state,  or  within 
the  state  capitol,  or  within  the  limits  of  the  grounds  adja- 
cent and  belonging  thereto,  sells,  gives  away,  or  exposes 
for  sale,  any  spirituous,  vinous  or  alcoholic  liquors,  is  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars, 
or  by  imprisonment  for  not  less  than  fifty  days  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court. 


81  OFFENSES  AGAINST  PUBLIC  JUSTICE.  §  172 

2.  The  possession  by  a  person,  Avithiii  tlie  distances  men- 
tioned in  paragraph  one  of  this  section  of  any  state  prison, 
reformatory,  gronnds  belonging  to  the  University  of  Cali- 
fornia at  Berkeley,  university  farm  at  Davis,  or  of  the  land 
on  which  is  located  the  Veterans'  Home  at  Yountville, 
Napa  county,  California,  or  any  home,  retreat  or  asylum 
for  ex-soldiers  or  sailors,  and  marines  of  the  army  and 
navy  of  the  United  States,  within  the  state  capitol,  or  within 
the  grounds  adjacent  and  belonging  thereto,  of  a  license 
for  the  sale  of  spirituous,  vinous  or  malt  liquors  issued 
under  and  by  the  authority  of  the  government  of  the  United 
States  shall,  in  any  prosecution  under  paragraph  one  of 
this  section,  be  deemed  to  be  prima  facie  evidence  of  the 
violation  of  the  provisions  of  paragraph  one  of  this  sec- 
tion.     [Amendment  approved  1915;  Stats.  1915,  p.  1451.] 

Legislation  §  172.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1855,  p.  108,  §§  1,  2),  and  then  read:  "Every  person  who,  within  two 
miles  of  the  laud  laelonging  to  this  state,  upon  which  the  state 
prison  is  situated,  keeps,  sells,  gives  away,  or  offers  for  sale  any 
vinous,  malt,  or  spirituous  liquors,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1875-76,  p.  109,  to  read:  "Every 
person  who,  within  two  miles  of  the  land  belonging  to  this  state, 
upon  which  the  state  prison  is  situated,  or  within  one  mile  of  the 
insane  asylum  at  Napa,  or  within  one  mile  of  the  grounds  belonging 
and  adjacent  to  the  University  of  California,  in  Alameda  County,  or 
in  the  State  Capitol,  or  within  the  limits  of  the  grounds  adjacent 
and  belonging  thereto,  sells,  gives  away,  or  exposes  for  sale,  any 
vinous  or  alcoholic  liquors,  is  guilty  of  a  misdemeanor." 

3.  Amendment  by  Stats.  1901,  p.  446;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  652,  to  read:  "Every  person  who, 
within  two  miles  of  the  land  belonging  to  this  state  upon  which 
any  state  prison  or  reformatory  is  situated,  or  within  one  mile  of 
the  grounds  belonging  and  adjacent  to  the  University  of  California, 
or  within  one  and  one  half  miles  of  the  lauds  occupied  by  any 
home,  retreat,  or  asylum  for  disabled  volunteer  soldiers  or  sailors 
established  or  to  be  established  by  this  state  or  by  the  United 
States  within  this  state,  or  within  the  State  Capitol,  or  within  the 
limits  of  the  grounds  adjacent  and  belonging  thereto,  sells,  gives 
away,  or  exposes  for  sale,  any  vinous  or  alcoholic  liquors,  is  guilty 
of  a  misdemeanor."     See  code  conimissioner's  note,  infra. 

5.  Amended  by  Stats.  1907,  p.  121;  the  code  commissioner  saying, 
"The  amendment  of  1905  consolidated  the  provisions  of  the  present 
§  172  with  a  codification  of  the  Statutes  of  1873-74,  p.  12;  1880, 
p.  80,  and  1895,  p.  161,  relating  to  the  State  University,  soldiers' 
homes,  and  State  Capitol.  There  was  no  new  legislation  in  the  sec- 
tion, except  that  the  former  restriction  as  to  the  asylum  for  the 
insane  at  Napa  was  dropped  altogether,  and  reformatories  were 
placed  within  the  same  restriction  as  penitentiaries.  The  amend- 
ment of  1907  consisted  in  reducing  the  limit  with  reference  to  the 
state  prison  to  half  a  mile  and  with  reference  to  the  reformatory 
to  nineteen  hundred  feet,  and  inserting  the  words  'at  Berkeley' 
after   the   words   'University    of    California'    so    that    there    can    be 

Ten.  Code — 6 


§  173  PENAL    CODE.  82 

no    possihlo    (|iU'sti()ii    of    foiistiMn-t  ion    as    to    vvliat    yroiiiuls    of    tlio 
iiiiivorsity  aro  rcfoircd  to." 

6,  Amended  by  Stats.  1911,  p.  4r)2,  to  read  as  follows:  ''Every 
person  who,  within  half  a  mile  of  the  land  belonging  to  this  state 
upon  which  any  state  prison,  or  within  nineteen  hundred  feet  of 
the  land  belonging  to  this  state  upon  which  any  reformatory,  is 
situated,  or  within  one  mile  of  the  grounds  belonging  to  the  Uni- 
versity of  California,  at  Berkeley,  or  within  three  miles  of  tlie 
University  Farm  at  Davis,  or  within  one  and  one-half  miles  of  the 
lands  occupied  by  any  home,  retreat,  or  asylum  for  disabled  volun- 
teer soldiers  or  sailors,  established  or  to  be  established  by  this 
state,  or  by  the  United  States  within  this  state,  or  within  the  State 
Capitol,  or  within  the  limits  of  the  grounds  adjacent  and  belonging 
thereto,  sells,  gives  away,  or  exposes  for  sale,  any  intoxicating, 
vinous  or  alcoholic  liquors,  is  guilty  of  a  misdemeanor." 

7.  Amended  by  Stats.  1915,  p.  1451,  as  above. 

§  172a.  Sale  of  liquors  near  university.  Every  person 
who,  upon  or  within  one  and  one-half  miles  of  the  university 
grounds  or  campus,  upon  Avhieh  are  located  the  principal 
administrative  offices  of  any  university  having  an  enroll- 
ment of  more  than  one  thousand  students,  more  than  five 
hundred  of  whom  reside  or  lodge  upon  such  university 
grounds  or  campus,  sells,  gives  away,  or  exposes  for  sale, 
any  vinous  or  alcoholic  liquors,  is  guilty  of  a  misdemeanor. 
Provided,  however,  that  the  provisions  of  this  act  shall  not 
apply  to  nor  prohibit  the  sale  of  any  of  said  liquors  by  any 
regularly  licensed  pharmacist  who  shall  maintain  a  fixed 
place  of  business  in  said  territory,  upon  the  written  pre- 
scription of  a  physician  regularly  licensed  to  practice  medi- 
cine under  the  laws  of  the  state  of  California,  when  such 
prescription  is  dated  by  the  physician  issuing  it,  contains 
the  name  of  the  person  for  whom  the  prescription  is  written, 
and  is  filled  for  such  person  only  and  within  forty-eight 
hours  of  its  date.  Provided  further,  that  the  provisions  of 
this  act  shall  not  apply  to  nor  prohibit  the  sale  of  any  of 
said  liquors  for  chemical  or  mechanical  purposes. 
Legislation  §  172a.     Added  by  Stats.  1809,  p.  780. 

§  173.  Importing'  foreign  ponvicts.  Every  captain,  mas- 
ter of  a  vessel,  or  other  person,  who  willfully  imports, 
brings,  or  sends,  or  causes  or  procures  to  be  brought  or  sent, 
into  this  state,  any  i^erson  who  is  a  foreign  convict  of  any 
crime  which,  if  committed  within  this  state,  would  be  pun- 
ishable therein  (treason  and  misprision  of  treason  excepted), 
or  who  is  delivered  or  sent  to  him  from  any  prison  or  place 
of  confinement  in  any  place  without  this  state,  is  guilty  of 
a  misdemeanor. 

Legislation  §  173.     Enacted  February   14,   1872;   based   on   Field's 

Draft,  §  214,  N.  Y.  Pen.  Code,  §§  153,  440;  Sta+s.  1850,  p.  202,  §§  1,  2. 


83  OFFENSES  AGAINST  PUBLIC  JUSTICE.  §  178 

§  174.  Bringing'  Chinese  into  the  state.  Every  person 
bringing  to  or  landing  within  this  state  any  person  born 
either  in  the  empire  of  China  or  Japan,  or  the  islands  ad- 
jacent to  the  empire  of  China,  Avithout  first  presenting  to  the 
commissioner  of  immigration  evidence  satisfactory  to  such 
connnissioner  that  such  person  desires  voluntarily  to  come 
into  this  state  and  is  a  person  of  good  character,  and  obtain- 
ing from  such  commissioner  a  permit  describing  such  per- 
son and  authorizing  the  landing,  is  punishable  by  a  fine  of 
not  less  than  one  nor  more  than  five  thousand  dollars,  or 
by  imprisonment  in  the  county  jail  not  less  than  two  nor 
more  than  twelve  months. 

Legislation  §  174.  Enacted  February  li,  1872.  The  code  commis- 
sioners say:  "This  section  embodies  the  material  penal  provisions 
of  the  act  to  prevent  the  kidna^iing  and  importation  of  Mongolian 
females  for  criminal  purposes,  and  the  kindred  act  of  March  IS, 
1870  (Stats.  1869-70,  pp.  330  et  seq.).  The  provisions  of  this  sec- 
tion are  broad  enough  to  include  every  offense  defined  in  either 
act." 

§  175.  Separate  and  distinct  prosecution.  Every  indi- 
vidual person  of  the  classes  referred  to  in  the  two  preceding 
sections,  brought  to  or  landed  within  this  state  contrary  to 
the  provisions  of  such  sections,  renders  the  person  bringing 
or  landing  liable  to  a  separate  prosecution  and  penalty. 
Legislation  §  175.     Enacted  February  14,  1872. 

§  176.  Omission  of  duty  by  public  officer.  Every  Avillful 
omission  to  perform  any  duty  enjoined  by  law  upon  any 
public  officer,  or  person  holding  any  public  trust  or  employ- 
ment, where  no  special  provision  shall  have  been  made  for 
the  punishment  of  such  delinquency,  is  punishable  as  a  mis- 
demeanor. 

Legislation  §  176.     Enacted   February    14,   1872;    based   on   Field's 

Draft,  §  215,  N.  Y.  Pen.  Code,  §  154. 

§  177.  Offenses,  when  misdemeanors.  "When  an  act  or 
omission  is  declared  by  a  statute  to  be  a  public  offense,  and 
no  penalty  for  the  offense  is  prescribed  in  any  statute,  the 
act  or  omission  is  punishable  as  a  misdemeanor.  [Amend- 
ment approved  1874;  Code  Amdts.  1873-74,  p.  426.] 

Legislation  §  177.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  216,  N.  Y.  Pen.  Code,  §  155),  and  then  read:  "Where  the 
performance  of  any  act  is  prohibited  by  any  statute,  and  no  penalty 
for  the  violation  of  such  statute  is  imposed  in  any  statute,  the  doing 
of  such  act  is  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  426. 

§  178.     Officers  of  corporations  not  to  employ   Chinese. 

[Repealed  1905;  Stats.  1905,  p.  652.] 


§  18Ua  ,  PENAL    CODE.  84 

Legislation  §  178.     1.   AdcUd   lis    Ccxlc  Anidts.  1880,  p.   1. 

2.  Kopo.-il  hv  .Stals.  1901,  p.  I  HI;  iinroii^tit  iit  ioiiiii.  Sec  iioti".  §5, 
ante. 

3.  KepouIiMl  by  Stats.  1905,  p.  ().")2;  llio  cmmIo  eoiniiiissioiicr  saying 
ill  his  notes  to  §§  ITS,  179,  "These  sections  were,  in  the  circuit  court 
of  the  United  States,  nintli  judicial  district,  explicitly  held  to  be 
in  violation  of  the  constitution  of  the  United  States,  on  May  22, 
1880.  (In  re  Parrott,  5  Pac.  Coast  L.  J.  161.)  They  are  now  obso- 
lete, and  are,  therefore,  repealed.  An  ordinance  in  somewhat  sim- 
ilar terms  was  also  held  unconstitutional  in  Ex  parte  Kerboch,  85 
Cal.  274." 

§  179.  Corporations  not  to  employ  Chinese.  [Repealed 
1905;  Stats.  1905,  p.  652.] 

Legislation  §  179.     1.  Added  by  Code  Amdts.  1880,  p.  2. 

2.  J{epeal  by  Stats.  1901,  p.  446;  unconstitutional.  See  note,  §  5, 
ante. 

3.  Repealed  by  Stats.  1905,  p.  052.  See  ante,  Legislation  §  178, 
for  code  commissioner's  note. 

§  180.  County  treasurer  shall  not  receive  private  moneys 
on  deposit.  Any  county  treasurer  who  shall  accept,  or  allow, 
any  deposit  in  the  county  treasury  of  moneys  from  any 
private  and  unofficial  source,  is  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  in  the  county  jail 
for  not  less  than  six  months  nor  more  than  one  year,  or  by 
a  fine  of  not  less  than  five  hundred  dollars  and  not  more 
than  five  thousand  dollars,  or  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court,  and,  in  addition  thereto, 
shall  forfeit  his  office. 

Legislation  §  180.  Added  by  Stats.  1897,  p.  56.  Another  section 
numbered  180  was  added  by  Stats.  1899,  p.  4  (the  present  §§  171a, 
171b,  171c,  q.  v.,  ante).     See  post.  Legislation  §  180a. 

§  180a.  Bringing"  narcotics,  intoxicating"  liquors,  fire- 
arms, etc.,  into  state  prisons.  [Repealed  1905;  Stats.  1905, 
p.  652.] 

Legislation  §  180a.  1.  Added  by  Stats.  1899,  p.  4,  as  §  180,  and 
then  read:  "180.  Any  person,  not  authorized  by  law,  who  brings 
into  either  of  the  state  prisons  of  the  state  of  California,  or  any 
reformatories  therein,  or  within  the  grounds  of  such  institutions, 
any  opium,  morphine,  cocaine,  or  other  narcotics,  or  any  intoxicating 
liquors  of  any  kind  whatever,  or  firearms,  weapons,  or  explosives 
of  any  kind,  is  guilty  of  a  felony,  and  upon  conviction  thereof  shall 
be  punished  by  imprisonment  in  the  state  prison  for  a  term  not 
less  than  one  nor  more  than  five  years,  and  shall  be  disqualified 
from  holding  any  state  office  or  position  in  the  employ  of  this  state." 

2.  Amended  by  Stats.  1901,  p.  107,  (1)  renumbering  the  section 
ISOa;  (2)  adding,  after  "grounds  of  such  institutions,"  the  words 
"or  who  brings  into  or  passes  into  any  jail  within  the  state  of 
California." 

3.  Eepeal  by  Stats.  1901,  p.  446;  unconstitutional.  See  note,  §  5, 
ante. 

4.  Repealed  by  Stats.  1905,  p.  6o2.  See  ante,  §§  171a,  171b,  171c, 
and  Legislation  §§  171a,   171b,  171c,   180. 


85  CONSPIRACY.  §  182 

§  181.  Infringement  of  personal  liberty  or  attempt  to 
assume  ownership  of  persons.  Penalty.  Every  person  who 
holds,  or  attenij)ts  to  hold,  any  person  in  involuntary 
servitude,  or  assumes,  or  attempts  to  assume,  rights  of  own- 
ership over  any  person,  or  who  sells,  or  attempts  to  sell,  any 
person  to  another,  or  receives  money  or  anything  of  value, 
in  consideration  of  placing  any  person  in  the  custody,  or 
under  the  power  or  control  of  another,  or  Avho  buys,  or  at- 
tempts to  buy,  any  person,  or  pays  money,  or  delivers  any- 
thing of  value,  to  another,  in  consideration  of  having  any 
person  placed  in  his  custody,  or  under  his  power  or  control, 
or  who  knoAvingly  aids  or  assists  in  any  manner  any  one 
thus  offending,  is  punishable  by  imprisonment  in  the  state 
prison  not  less  than  one  nor  more  than  ten  years. 
Legislation  §  181.     Added  by  Stats.  1901,-  p.  330. 

CHAPTER    VIII. 

Conspiracy. 

§  182.  Criminal  conspiracy  defined  and  punishment  fixed. 

§  183.  No  other  conspiracies  punishable  criminally. 

§  184.  Overt  act,  when  necessary. 

§  185.  Wearing  mask  or  disguise. 

§  182.     Criminal  conspiracy  defined  and  punishment  fixed. 

If  two  or  more  persons  conspire : 
One.     To  commit  any  crime ; 
Two.     Falsely  and  maliciously  to  indict  another  for  any 

crime,  or  to  procure  another  to  be  charged  or  arrested  for 

any  crime ; 

Three.     Falsely  to  move  or  maintain  any  suit,  action,  or 

proceeding ; 

Four.     To  cheat  and  defraud  any  person  of  any  property, 

by  any  means  which  are  in  themselves  criminal,  or  to  obtain 

money  or  property  by  false  pretenses ;  or. 

Five.     To  commit  any  act  injurious  to  the  public  health,  to 

public  morals,  or  for  the  perversion  or  obstruction  of  justice, 

or  due  administration  of  the  laws ; 

— They  are  punishable  by  imprisonment  in  the  county  jail 

not  exceeding  one  year,  or  by  fine  not  exceeding  one  thou- 
sand dollars,  or  both.      [Amendment  approved  1874;  Code 

Amdts.  1873-74,  p.  426.] 

Evidence  on  trial  for  conspiracy:  See  post,  §  1104. 
Legislation  §  182.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  224,  N.  Y.  Pen.  C(5de,  §  1G9;  also  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  242,  §  102,  which  read:  "§102.  If  two 
or  more  persons  shall  conspire  eitlier  to  commit  any  offense;  or 
falsely  and  maliciously  to  indict  another  for  any  offeusp;  or  to  pro- 


§  185  PENAL    CODE.  86 

cure  aiiolluM-  to  be  cliarged  or  anestcil  for  any  siieli  offense;  or 
falsely  to  move  or  niaintaiu  any  suit;  or  to  cheat  or  defraiul  any 
person  of  any  property  by  any  means  which,  if  executed,  would 
amount  to  a  cheat;  or  to  obtain  money  or  ])roperty  by  false  pre- 
tenses; or  to  cheat  or  defraud  any  person  of  any  i)roperty  by  any 
means  which  are  in  themselves  criminal;  or  to  commit  any  act  in- 
jurious to  the  public  health,  to  pul)lic  morals,  or  to  trade  or  com- 
merce, or  for  the  perversion  or  oTistruction  of  justice  or  due  admin- 
istration of  the  laws,  they  shall,  on  conviction,  be  punished  by 
imprisonment  in  the  county  jail  not  more  than  one  year,  or  by  a 
fine  not  exceeding  one  thousand  dollars."  When  enacted  in  1872, 
§  1S2  differed  from  the  amendment  of  1873-74  (the  present  section), 
iiaving  (1)  the  word  "or"  at  end  of  subds.  1,  2,  and  3;  (2)  after 
subd.  3  the  section  reading,  "4.  To  cheat  and  defraud  any  person 
of  any  property  by  any  means  which  are  in  themselves  criminal, 
or  by  any  means  which,  if  executed,  would  amount  to  a  cheat,  or 
to  obtaining  money  or  property  by  false  pretenses;  or,  5.  To  commit 
any  act  injurious  to  the  public  health,  to  public  morals,  or  to  trade 
or  commerce,  or  for  the  perversion  or  obstruction  of  justice  or  the 
due  administration  of  the  laws;  — They  are  punishable  by  impris- 
onment in  the  county  jail  not  exceeding  one  j'ear,  or  by  fine  not 
exceeding  one  thousand  dollars." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  426. 

§  183.     No  other  conspiracies  punishable  criminally.     No 

conspiracies,  other  than  those  enumerated  in  tlic  preceding 
section,  are  punishable  criminally. 

Legislation  §  183.     Enacted  February  14,  1872  (N.  Y.  Pen.  Code, 

§170);   based   on   Crimes  and  Punishment   Act,  Stats.  1850,  p.  242, 

§  103. 

§  184.  Overt  act,  when  necessary.  No  agreement,  except 
to  commit  a  felony  upon  the  person  of  another,  or  to  commit 
arson,  or  burglary,  amounts  to  a  conspiracy,  unless  some 
act,  beside  such  agreement,  be  done  to  effect  the  object 
thereof,  by  one  or  more  of  the  parties  to  such  agreement. 

Legislation  §  184.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  22(1.  N.  Y.  Pen.-  Code,  §  171;  Crimes  and  Punishment  Act, 
Stats.  1850,  p.  242,  §  104. 

§  185.  Wearing"  mask  or  disguise.  It  shall  be  unlawful 
for  any  person  to  wear  any  mask,  false  whiskers,  or  any 
personal  disguise  (whether  complete  or  partial)  for  the  pur- 
pose of: 

One.  Evading  or  escaping  discovery,  recognition,  or 
identification  in  the  commission  of  any  public  offense. 

Two.  Concealment,  flight,  or  escape,  when  charged  with, 
arrested  for,  or  convicted  of,  any  public  offense.  Any  per- 
son violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor. 

Legislation  §  185.     Added  by  Code  Amdts.  1873-74,  p.  42G. 


87  HOMICIDE.  §  187 

TITLE    VIII. 

Crimes  against  the  Person. 

Chapter  I.  Homicide.     §§  187-199. 

II.  Mayiiem.     §§  203,  204. 

in.  Kidnaping.     §§  207-209. 

IV.  Robbery.     §§  211-214. 

V.  Attempts  to  Kill.     §§  216-219. 

VI.  Assaults    With    Intent    to    Commit    Felony,    Other    Than 
Assaults  With  Intent  to  Murder.     §§  220-222, 

VII.  Duels  and  Challenges.     §§  225-232. 

VIII.  False  Imprisonment.     §§  236,  237. 

IX.  Assault  and  Battery.     §§  240-246. 

X.  Libel.     §§  248-259. 


CHAPTER  I. 

Homicide. 

§  187.  Murder  defined. 

§  188.  Malice  defined. 

§  189.  Degrees  of  murder. 

§  190.  Punishment   of  murder. 

§  191.  Petit  treason  abolished. 

§  192.  Manslaughter      defined.     Voluntary      and      iuvoluntary      man- 
slaughter. 

§  193.  Punishment  of  manslaughter. 

§  194.  Deceased  must  die  within  a  year  and  a  day. 

§  195.  Excusable  homicide. 

§  196.  Justifiable  homicide  by  iJublie  officers. 

§  197.  Justifiable  homicide  by  other  persons. 

§  198.  Bare  fear  not  to  justify  killing. 

§  199.  Justifiable  and  excusable  homicide  not  punishable. 

Code  commissioners'  note  to  Chapter  I.  "Sections  32  and  41  of 
the  Crimes  and  Punishment  Act  of  1850  properly  belong  in  the 
Criminal  Practice  Act,  and  the  commission  have  so  placed  them." 

§  187.  Murder  defined.  Murder  is  the  unlaAvfiil  killing 
of  a  human  being,  with  malice  aforethought. 

Degrees  of  murder:  Post,  §  189. 

Legislation  §  187.  Enacted  February  14,  1872.  The  code  com- 
missioners say:  "The  original  section  [of  the  Crimes  and  Punishment 
Act]'  reads  as  follows:  'Murder  is  the  unlawful  killing  of  a  humau 
being,  with  malice  aforethought,  [[either  express  or  implied.  The 
unlawful  killing  may  be  effected  by  any  of  the  various  means  by 
which  death  may  be  occasioned.']]'  [The  code  commissioners,  in 
their  note,  italicized  the  words  inclosed  in  double  brackets.]-  (Stats. 
1850,  p.  231,  §  19.)  'Express  or  implied' — these  w-ords  are  omitted, 
for  they  are  included  within  the  term  'malice,'  and  by  the  next 
section  it  is  declared  that  malice,  which  is  the  ingredient  of  murder, 
may  be  expressed  or  implied.  The  sentence  italicized  is  omitted, 
because  it  is  surplusage.  Every  unlawful  killing  with  malice  afore- 
thought being  murder,  it  follows  that  any  such  killing  effected  by 
any  means  is  murder." 


§  191  PENAL    CODE.  88 

§188.     Malice  defined.     Such  malico  may  ])C  express  or 

ini})lie(l.      It  is  express  wlieii  there  is  manifested  a  delihei-ate 
juteiitioii    uiihiwfully   to    take   away    the   lii'c   of   a   feUow- 
creature.     it  is  implied,  Avheii  iio  eonsidera])le  provocation 
appears,  or  Avhen  the  circumstances  attending  the  killing 
shoAv  an  abandoned  and  malignant  heart. 
Malice,  express  or  implied:  See  ante,  §  7,  subd.  4. 
Legislation  §  188.     Enacted   February   14,   1872;    based   on   Crimes 
and  I'linishment   Act,  Stats.  1850,  p.  231,  §  20,  and  part  of  §21   of 
the  same  act  as  amended  by  Stats.  1856,  p.  219. 

§189.  Degrees  of  murder.  All  murder  wliich  is  per- 
petrated by  means  of  poison,  or  lying  in  wait,  tortu)*e,  or  l)y 
any  other  kind  of  willfid,  deliberate^  and  premeditated  kill- 
ing, or  which  is  committed  in  the  perpetration  or  attempt 
to  perpetrate  arson,  rape,  robbery,  burglary,  or  mayhem,  is 
murder  of  the  first  degree ;  and  all  other  kinds  of  murders 
are  of  the  second  degree.  [Amendment  approved  1874 ; 
Code  Amdts.  1873-74,  p.  427.] 

Indictment:  See  post,  §  959. 

Burden  of  proving  justification  or  excuse:  See  post,  §  1105. 

Legislation  §  189.  1.  Enacted  February  14,  1872  (based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  231,  §  21,  as  amended  by  Stats. 
1856,  p.  219),  and  then  read  as  at  present,  down  to  the  word  "rob- 
bery," thereafter  proceeding,  "or  burglary,  is  murder  of  the  first 
degree;  and  all  other  kinds  of  murder  are  of  the  second  degree." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  427. 

§  190.  Punishment  of  murder.  Every  person  guilty  of 
murder  in  the  first  degree  shall  suffer  death,  or  confinement 
in  the  state  prison  for  life,  at  the  discretion  of  the  jury  trying 
the  same ;  or,  upon  a  plea  of  guilty,  the  court  shall  determine 
the  same ;  and  every  person  guilty  of  murder  in  the  second 
degree  is  punishable  by  imprisonment  in  the  state  prison  not 
less  than  ten  years.  [Amendment  approved  1874;  Code 
Amdts.  1873-74"  p.  457.] 

Death  penalty,  how  executed.     Whenever,  in  a  proper  case,  the 
judgment  of  the  court  directs  the  death  of  the  defendant,  the  pun- 
ishment  in   this   state   is   inflicted,   "by   hanging  the   defendant   by 
the  neck  until  he  is  dead":   Post,  §§  1228,  1229. 
Imprisonment  for  life:   See  post,  §  671. 

Legislation  §  190.  1.  Enacted  February  14,  1872  (based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  231,  §  21),  and  then  read: 
"Every  person  guilty  of  murder  in  the  first  degree  shall  suffer  death, 
and  every  person  guilty  of  murder  in  the  second  degree  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  ten  years." 
2.  Amended  by  Code  Amdts.  1873-74,  p.  457. 

§  191.  Petit  treason  abolished.  The  rules  of  the  conniion 
law  distinguisiiing  the  killing  of  a  iiuister  l)y  his  servant,  and 
of  a  hus])and  by  his  wife,  as  petit  treason,  are  abolished,  and 


89  HOMICIDE.  §  195 

these  offenses  are  lioiuicides,  })uiiislia1)le  in  the  maiiiirr  i)re- 
scribed  by  this  chapter. 

Legislation  §  191.  1.  Enhctod  I'Vbniarv  14,  1872;  based  on  Fieltl's 
Draft,  §  239,  N.  Y.  Pen.  Code,  §  182;  also"  based  on  Crimes  and  Pun- 
ishment Act,  Stats.  1850,  p.  233,  §  39,  which  read:  "§39.  The  dis- 
tinction between  petit  treason  and  murder  is  abolished.  Any  per- 
son who  might  have  been  indicted  for  petit  treason,  shall  hereafter 
be  indicted  for  murder,  and,  if  convicted,  punished  accordingly." 

2.  Eepeal  by  Stats.  1901,  p.  44fi;  unconstitutional.  See  note,  §  5, 
ante. 

§  192.  Manslaughter  defined.  Voluntary  and  involun- 
tary manslaughter.  Manslaughter  is  the  unlawful  killing 
of  a  human  being,  without  malice.     It  is  of  two  kinds : 

1.  Voluntary — upon  a  sudden  quarrel  or  heat  of  passion. 

2.  Involuntary — in  the  commission  of  an  unlawful  act, 
not  amounting  to  felony ;  or  in  the  commission  of  a  lawful 
act  which  might  produce  death,  in  an  unlawful  manner,  or 
without  due  caution  and  circumspection. 

Legislation  §  192.  Enacted  February  14,  1872.  The  code  commis- 
sioners say:  "This  section  embodies  the  material  portions  of  §§  22, 
23,  24,  and  25  of  the  Crimes  and  Punishment  Act  of  1850.  (Stats. 
1850,  p.  229.)" 

§  193.  Punishment  of  manslaughter.  Manslaughter  is 
punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing ten  years. 

Legislation  §  193.  Enacted  Februarv  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.'231,  §2G,  which  read:  "§26. 
Every  person  convicted  of  the  crime  of  manslaughter  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  for  a  term  not  exceeding 
three  years,  and  fined  not  exceeding  five  thousand  dollars." 

§  194.     Deceased  must  die  within  a  year  and  a  day.     To 

make  the  killing  either  murder  or  manslaughter,  it  is  requi- 
site that  the  party  die  within  a  year  and  a  day  after  the 
stroke  received  or  the  cause  of  death  administered;  in  the 
computation  of  which  the  whole  of  the  day  on  which  the 
act  was  done  shall  be  reckoned  the  first. 

Legislation  §  194.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  232,  §  27,  which  had  the  words 
"In  order"'  before  "to  make  the  killing,"  at  beginning  of  section. 

§  195.  Excusable  homicide.  Homicide  is  excusable  in 
the  following  cases: 

1.  When  committed  by  accident  and  misfortune,  in  law- 
fully correcting  a  child  or  servant,  or  in  doing  any  other 
lawful  act  by  lawful  means,  with  usual  and  ordinary  cau- 
tion, and  without  any  unlawful  intent. 

2.  When  committed  by  accident  and  misfortune,  in  the 
heat  of  passion,  upon  any  sudden  and  sufficient  provocation. 


§  107  PENAL   CODE.  90 

oi"   upon    ;i    sikMcii    coinhnt ,    Avlicn    lU)    undue   advantage   is 
taken,  nor  any  dangerous  Aveapon  used,  and  Avhen  the  kill- 
ing is  not  done  in  a  e?-uel  or  unusual  manner. 
Burden  of  proving  homicide  excusable:  Post,  §  1105. 
Legislation  §  195.     1.  Enactod  Fobrunry  14.  1872  (N.  Y.  Pen.  Code, 
§  203).     8ec  post,  Legislation  §  197,  for  code  fonimissioners'  note. 

2.  Amendment  by  Stats.  1901,  p.  446;  iineonstitntional.  See  note 
§  5,  ante. 

§196.  Justifiable  homicide  by  public  officers.  TTomieide 
is  justifiable  when  committed  by  public  officers  and  those 
acting  by  their  command  in  their  aid  and  assistance, 
either — • 

1.  In  obedience  to  any  judgment  of  a  competent  court ;  or, 

2.  When  necessarily  committed  in  overcoming  actual  re- 
sistance to  the  execution  of  some  legal  process,  or  in  the 
discharge  of  any  other  legal  duty;  or, 

3.  When  necessarily  committed  in  retaking  felons  who 
have  been  rescued  or  have  escaped,  or  when  necessarily  com- 
mitted in  arresting  persons  charged  with  felony,  and  who 
are  fleeing  from  justice  or  resisting  such  arrest. 

As  to  escapes,  see   ante.  §  105. 

Burden  of  proving  homicide  justifiable:  Post,  §  1105. 

Legislation  §  196.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  261,  N.  Y.  Pen.  Code,  §  204.  See  post,  Legislation  §  197,  for 
code  commissioners'  note. 

§  197.  Justifiable  homicide  by  other  persons.  Homicide 
is  also  justifiable  when  committed  by  any  person  in  either 
of  the  following  cases : 

1.  When  resisting  any  attempt  to  murder  any  person,  or 
to  commit  a  felony,  or  to  do  some  great  bodilj^  injury  upon 
any  person ;  or, 

2.  When  committed  in  defense  of  habitation,  property,  or 
person,  against  one  who  manifestly  intends  or  endeavors, 
by  violence  or  surprise,  to  commit  a  felony,  or  against  one 
who  manifestly  intends  and  endeavors,  in  a  violent,  riotous 
or  tumultuous  manner,  to  enter  the  habitation  of  another 
for  the  purpose  of  offering  violence  to  any  person  therein ; 
or, 

3.  When  committed  in  the  lawful  defense  of  such  person, 
or  of  a  wife  or  husband,  parent,  child,  master,  mistress,  or 
servant  of  such  person,  when  there  is  reasonable  ground  to 
apprehend  a  design  to  commit  a  felony  or  to  do  some  great 
bodily  injury,  and  imminent  danger  of  such  design  being 
accomplished ;  but  such  person,  or  the  person  in  whose  be- 
half the  defense  was  made,  if  he  was  the  assailant  or  en- 
gaged in  mortal  combat,  must  really  and  in  good  faith  have 


91  HOMICIDE.  §  199 

endeavored  to  decline  any  further  struggle  before  the  homi- 
cide was  committed ;  or, 

4.  When  necessarily  committed  in  attempting,  by  lawful 
ways  and  means,  to  apprehend  any  person  for  any  felony 
committed,  or  in  lawfully  suppressing  any  riot,  or  in  law- 
fully keeping  and  preserving  the  peace. 

Burden  of  proving  homicide  justifiable:    See  post,  §  1105. 

Defense  of  habitation:    See   post,  §  198. 

Lawful  resistance,  by  whom  and  when  may  be  made:  See  post, 
§§  692-694. 

Duty  to  assist  in  arrest  of  felon:  See  post,  §  839. 

Legislation  §  197.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  262,  N.  Y.  Pen.  Code,  §  205.  The  code  commissioners  say: 
''The  three  preceding  sections  are  based  upon  §§  29,  31,  32.  33,  34, 
and  35  of  the  Crimes  and  Punishment  Act  of  1850.  (Stats.  1S50, 
p.  229.)  The  commission  have  modified  the  language,  making  it 
accord,  in  many  respects,  with  that  of  the  New  York  Penal  Code, 
[Fiehl's  Draft,].  §§  260,  261,  and  262.  The  legal  effect,  however,  has 
not  been  changed.  They  have  also  kept  in  view,  for  the  purposes 
of  classification,  the  common-law  distinction  between  justifiable  and 
excusable  homicide." 

§  198.     Bare  fear  not  to  justify  killing.     A  bare  fear  of 
the  commission  of  any   of  the   offenses   mentioned  in   snb- 
divisions  two  and  three  of  the  preceding  section,  to  prevent 
which  homicide  may  be  lawfully  committed,  is  not  sufficient 
to  justify  it.     But  the  circumstances  must  be  sutBcient  to 
excite  the  fears  of  a  reasonable  person,  and  the  party  killing 
must  have  acted  under  the  influence  of  such  fears  alone. 
Legislation  §  198.     Enacted   February   14,   1872;    based  on   Crimes 
and  Punishment  Act,  Stats.  1850,  p.  232,  §  30,  which  read:  "§  30.     A 
bare  fear  of  any  of  these  offenses,  to  prevent  which  the  homicide 
is  alleged  to  have  been  committed,  shall  not  be  sufficient  to  justify 
the  killing.     It  must  appear  that  the  circumstances  were  sufficient 
to  excite  the  fears  of  a  reasonable  person,  and  that  the  party  kill- 
ing really   acted  under  the  influence   of  those  fears,  and  not  in  a 
spirit  of  revenge." 

§  199.     Justifiable  and  excusable  homicide  not  punishable. 

The  homicide  appearing  to  be  justifiable  or  excusable,  the 
person  indicted  must,  upon  his  trial,  be  fully  acquitted  and 
discharged. 

Iiegislation  §  199.     Enacted  February  14,  1872,   reading  the  same 

as  the  Crimes  and  Punishment  Act.  Stats.  1850,  p.  232,  ?  36,  except 

that  it  has  the  word  "must"  instead  of  "shall." 


§  207  PENAL    CODE.  92 

CliAPTEli  J  I. 

Mayhem. 

§  203.     MayluMu   definod. 

§  204.     Mayhem,   liow  punishable. 

§203.  Mayhem  defined.  Every  person  who  unlawfully 
and  nialieionsly  deprives  a  human  beinjj:  of  a  member  of  his 
body,  or  disables,  disfigures,  or  renders  it  useless,  or  cuts  or 
disables  the  tongue,  or  puts  out  an  eye,  or  slits  the  nose,  ear, 
or  lip,  is  guilty  of  mayhem.  [Amendment  approved  1874; 
Code  Amdts.  1873-74,  p.  427.] 

Legislation  §  203.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  2()3,  N.  Y.  Pen.  Code,  §  206;  also  based  on  Crimes  and  Pun- 
ishment Act,  §  46,  as  amended  by  Stats.  1856,  p.  219,  §  4,  which  read: 
"§  46.  Mayhem  consists  in  unlawfully  depriving  a  human  being  of 
a  member  of  his  or  her  body,  or  disfiguring  or  rendering  it  useless. 
If  any  person  shall  cut  out  or  disable  the  tongue,  put  out  an  eye, 
slit  the  nose,  ear  or  lip,  or  disable  any  limb  or  member  of  another, 
or  shall  voluntarily  or  of  purpose  put  out  an  eye  or  eyes,  every 
such  person  shall  be  guilty  of  mayhem.  The  crime  of  mayhem 
shall  be  punishable  by  imprisonment  in  the  state  prison  for  a  term 
not  to  exceed  fourteen  years."  The  code  commissioners  say:  "The 
commission  have  modified  the  language  of  the  act  of  1856  (Stats. 
1856,  p.  219),  defining  mayhem,  but  the  section  has  not  been  changed 
in  substance." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  427. 

§  204.  Mayhem,  how  punishable.  Mayhem  is  punishable 
by  imprisonment  in  the  state  prison  not  exceeding  fourteen 
years. 

Legislation  §  204.     Enacted   February   14,   1872;    based   on   Crimes 

and  Punishment   Act,  §  46,   as  amended  by  Stats.   1856,  p.   219,   §  4, 

q.  v.,  ante.  Legislation,  §  203. 

CHAPTER  III. 

Kidnaping. 

§  207.     Kidnaping  defined. 

§  208.     Punishment    of   kidnaping. 

§209.     Penalty  for   kidnaping  for   purposes   of   extortion    or   robbery. 

§  207.  Kidnaping  defined.  Every  person  who  forcibly 
steals,  takes,  or  arrests  any  person  in  this  state,  and  carries 
him  into  another  country,  state,  or  county,  or  into  another 
part  of  the  same  county,  or  wdio  forcibly  takes  or  arrests 
any  person,  with  a  design  to  take  him  out  of  this  state,  with- 
out having  established  a  claim,  according  to  the  laws  of  the 
United  States,  or  of  this  state,  or  who  hires,  persuades,  en- 
tices, decoys,  or  seduces  by  false  promises,  misrepresenta- 
tions, or  the  like,  any  person  to  go  out  of  this  state,  or  to 
be  taken  or  removed  therefrom,  for  the  purpose  and  with  the 


93  KIDNAPING.  §  208 

intent  to  sell  such  person  into  slavery  or  involuntary  servi- 
tude, or  otherAvise  to  employ  him  for  his  own  use,  or  to  the 
use  of  another,  without  the  free-will  and  consent  of  such 
persuaded  person ;  and  every  person  Mdio,  being  out  of  this 
state,  abducts  or  takes  by  force  or  fraud  any  person  con- 
trary to  the  law  of  the  place  where  such  act  is  committed, 
and  brings,  sends,  or  conveys  such  person  within  the  limits 
of  this  state,  and  is  afterwards  found  within  the  limits 
thereof,  is  guilty  of  kidnaping.  [Amendment  approved 
1905;  Stats.  1905,  p.  653.] 

Kidnaping  for  purpose  of  slavery:  See  post,  §  784. 
Legislation  §  207.  1.  Euacted  February  14,  1872  (N.  Y.  Pen.  Co.le, 
§211);  based  on  Crimes  and  Punishment  Act,  Stats.  1850,  p.  234, 
§§  53,  54,  55,  which  read:  "§  53.  Kidnaping  is'  the  forcible  abduc- 
tion or  stealing  away  of  a  man,  woman,  or  child,  from  his  or  her 
own  countr_y,  and  sending  or  taking  him  or  her  unto  another.  §  54. 
Every  person  who  shall  forcibly  steal,  take,  or  arrest,  any  man, 
woman,  or  child,  whether  white,  black,  or  colored,  or  any  Indi.an 
in  this  state,  and  carry  him  or  her  into  another  county,  state,  or 
territory,  or  who  shall  forcibly  take  or  arrest  any  person  or  persons 
whatsoever  with  a  design  to  take  him  or  her  out  of  this  state, 
without  having  established  a  claim  according  to  the  laws  of  the 
United  States,  shall,  upon  conviction,  be  deemed  guilty  of  kidnap- 
ing, and  be  punished  by  imprisonment  in  the  state  prison  for  any 
term  not  less  than  one  nor  more  than  ten  years  for  each  person 
kidnaped  or  attempted  to  be  kidnaped.  §  55.  Every  person  who 
shall  hire,  persuade,  entice,  deco}',  or  seduce  by  false  promises,  mis- 
representations, and  the  like,  any  negro,  mulatto,  or  colored  person, 
to  go  out  of  this  state,  or  to  be  taken  or  removed  therefrom,  for 
the  purpose  and  with  the  intent  to  sell  such  negro,  mulatto,  or 
colored  person  into  slavery  or  involuntarj^  servitude,  or  otherwise 
to  employ  him  or  her  for  his  or  her  own  use,  or  to  the  use  of  another 
without  the  free  will  and  consent  of  such  negro,  mulatto,  or  colored 
person,  shall  be  deemed  to  have  committed  the  crime  of  kidnaping, 
and  upon  conviction  thereof  shall  be  punished  as  in  the  next  pre- 
ceding section   specified." 

2.  Amendment  by  Stats.  1901,  p.  447;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  653,  (1)  adding  "or  into  another 
part  of  the  same  county,"  and  (2)  at  end  of  section,  before  the  words 
"is  guilty  of  kidnaping,"  adding  the  words  beginning  "and  every 
person";  the  code  commissioner  saying  of  the  additions,  "The  ad- 
visability of  the  first  change  is  shown  by  the  decision  of  the  suprem^ 
court  in  Ex  parte  Keil,  85  Cal.  309,  where  it  was  held  that  the 
forcible  removal  of  a  person  from  San  Pedro,  Los  Angeles  County, 
to  Santa  Catalina  Island,  in  the  same  county,  did  not  constitute 
kidnaping." 

§  208.  Punishment  of  kidnaping.  Kidnaping  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  one 
nor  more  than  ten  years. 

Legislation  §  208.     Enacted   February   14,   1872;    based   on   Crimes 

and  Punishment  Act,  Stats.  1850,  p.  234,  §  54,  q.  v.,  ante.  Legislation 

§207. 


§  213  PENAL    CODE.  94 

§  209.  Penalty  for  kidnaping-  for  purposes  of  extortion  or 
robbery.  Every  pei-son  who  maliciously,  forciblj^  or  fraud- 
ulent 1\-  lakes  or  entices  away  any  person  with  intent  to 
restrain  such  person  and  thereby  to  commit  extortion  or 
robbery,  or  exact  from  the  relatives  or  friends  oi'  such  person 
any  money  or  valual)le  thin2:.  is  guilty  of  a  felony,  and  shall 
be  punished  therefor  by  imprisonment  in  the  state's  prison 
for  life,  or  any  number  of  years  not  less  than  ten. 
Legislation  §  209.     Added  by  Stats.  1901,  p.  98. 


CHAPTER  IV. 
Robbery. 

§  211.     Robbery  defined. 

§  212.     What  fear  may  be  an  element  in  robbery. 
§  213.     Punishment  of  robbery. 

§  214.     Robbery;  going  upon  railroad  trains,  or  doing  any  act  thereon, 
for   the   purpose   of. 

§211.  Robbery  defined.  Roblery  is  the  felonious  taking 
of  personal  property  in  tlie  possession  of  another,  from  his 
person  or  immediate  presence,  and  against  his  will,  accom- 
plished by  means  of  force  or  fear. 

Legislation  §  211.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  280,  N.  Y.  Pen.  Code,  §  224;  also  based  on  Crimes  and  Pun- 
ishment Act,  §  59,  as  amended  by  Stats.  1856,  p.  220,  §  6,  which  read: 
"§  59.  Robbery  is  the  felonious  and  violent  taking  of  money,  goods 
or  other  valuable  thing  from  the  person  of  another  by  force  or 
intimidation.  Every  person  guilty  of  robbery  shall  be  punished 
by  imprisonment  in  the  state  prison  for  a  term  not  less  than  one 
year,  and  which  may  extend  to  life." 

§  212.     What  fear  may  be  an  element  in  robbery.     The 

fear  mentioned  in  the  last  section  may  be  either : 

One.  The  fear  of  an  unlawful  injury  to  the  person  or  prop- 
erty of  the  person  robbed,  or  of  any  relative  of  his  or  mem- 
ber of  his  family ;  or; 

Two.  The  fear  of  an  immediate  and  unlawful  injury  to 
the  person  or  property  of  any  one  in  the  company  of  the 
person  robbed  at  the  time  of  the  robbery.  [Amendment  ap- 
*proved  1874;  Code  Amdts.  1873^74,  p.  427.] 

Legislation  §  212.  1.  Enacted  February  14,  1872  (identical  with 
Field's  Draft,  §  28.S,  N.  Y.  Pen.  Code,  §  225),  the  introductory  para- 
graph and  subd.  1  then  reading,  "The  fear  which  constitutes  rob- 
bery may  be  either — 1.  The  fear  of  an  unlawful  injur}',  immediate 
or  future,  to  the  person  or  property  of  the  person  robbed,  or  of 
anjr  relative  of  his,  or  member  of  his  family;  or,"  subd.  2  reading 
as  at  present. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  427. 

§  213.  Punishment  of  robbery.  Robbery  is  punishable 
by  imprisonment  in  the  state  prison  not  less  than  one  year. 


•95  ROBBERY.  §  214 

Legislation  §  213.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  59.  as  amended  by  Stats.  1856,  p.  220,  §  6, 
q.  v.,  ante,  Legislation  §  211. 

§  214.  Robbery ;  going  upon  railroad  trains,  or  doing  any 
act  thereon,  for  the  purpose  of.  Every  person  who  goes 
upon  or  boards  any  railroad  train,  ear  or  engine,  with  the 
intention  of  robbing  any  passenger  or  other  person  on  such 
train,  car  or  engine,  of  any  personal  property  thereon  in  the 
possession  or  care  or  under  the  control  of  any  such  passen- 
ger or  other  person,  or  who  interferes  in  any  manner  with 
any  switch,  rail,  sleeper,  viaduct,  culvert,  embankment, 
structure  or  appliance  pertaining  to  or  connected  with  any 
railroad,  or  places  any  dynamite  or  other  explosive  sub- 
stance or  material  upon  or  near  the  track  of  any  railroad,  or 
who  sets  fire  to  any  railroad  bridge  or  trestle,  or  who  shows, 
masks,  extinguishes  or  alters  any  light  or  other  signal,  or 
exhibits  or  compels  any  other  person  to  exhibit  any  false 
light  or  signal,  or  who  stops  any  such  train,  car  or  engine, 
or  slackens  the  speed  thereof,  or  who  compels  or  attempts 
to  compel  any  person  in  charge  or  control  thereof  to  stop 
any  such  train,  car  or  engine,  or  slacken  the  speed  thereof,  with 
the  intention  of  robbing  any  passenger  or  other  person  on 
such  train,  car  or  engine,  of  any  personal  property  thereon 
in  the  possession  or  charge  or  under  the  control  of  any  such 
passenger  or  other  person,  is  guilty  of  a  felony. 

Legislation  §  214.  1.  Addition  by  Stats.  1901,  p.  447;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  653;  the  code  commissioner  saying 
in  his  note  to  §§  214,  218,  219,  "§  218  has  been  broken  up  into  three 
sections.  In  view  of  the  criticism  passed  by  the  supreme  court 
in  the  case  of  People  v.  Thompson,  111  Cal.  242,  upon  §  218,  and 
the  suggestion  of  that  court  that  the  section  be  revised,  there  have 
been  taken  out  of  that  section  the  provisions  regarding  robbery 
and  the  same  have  been  amplified  and  made  a  new  section,  num- 
bered 214,  to  be  placed  in  Chapter  IV,  of  Title  VII,  of  Part  I. 
In  the  new  section  the  punishment  is  not  prescribed  as  death  or 
imprisonment  for  life  at  the 'option  of  the  jury,  as  in  §  218;  but  the 
grade  of  the  offense  is  fixed  at  felony  simply,  it  having  been  found 
that  the  severity  of  the  punishment  results  in  failure  to  secure  con- 
victions. §  218  as  amended  provides  only  for  attempted  wrecking 
or  derailment  of  railroad  trains,  and  fixes  the  grade  of  the  offense 
as  felony  simply,  the  matters  formerly  in  the  section  regarding  an 
accomplished  or  consummated  wrecking  or  derailment  being  left 
to  §  219,  and  the  provisions  regarding  robbery  being  provided  for 
in  §  214.  §  219  contains  the  matter  now  in  §  218  regarding  an  ac- 
complished or  consummated  wrecking  or  derailment.  The  punish- 
ment is  left  at  death  or  imprisonment  for  life,  at  the  option  of  the 
jury,  as  now  provided  in  §  218.  In  short,  these  three  sections  split 
up  §  2l8  in  the  manner  suggested  by  Judge  Garoutte  in  People  v. 
Thompson,  111  Cal.  242,  and  modify  the  penalty  of  train-wrecking 
where  no  death  has  occurred,  so  as  to  preclude  failures  to  convict 
on  account  of  the  severity  of  the  penalty." 


§217  PENAL    CODE.  96 

ClIAPTEli  V. 

Attempts  to  Kill. 

§  216.  Administering   jioisou. 

§217.  Assault  with  intent  to  eomniit  murder. 

§  218.  Train-wrecking,   intention    of,   punishment   for. 

§  219.  Railroad   trains,   when   wrecked;   punishment. 

§  216.  Administering  poison.  Every  person  who,  with  in- 
tent to  kill,  adiuinister.s,  or  causes  or  procures  to  be  admin- 
istered, to  another,  any  poison  or  other  noxious  or  destruct- 
ive substance  or  li(iuid,  but  by  which  death  is  not  caused,  is 
punishable  by  iini)risonment  in  the  state  prison  not  less  than 
ten  years. 

Administering  stupefying  drugs:  Post,  §  222. 

Legislation  §  216.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  45,  as  amended  by  Stats.  1861,  p.  588,  §  1, 
which  read:  '"§  45.  Every  person  who  shall  willfully  and  maliciously 
administer,  or  cause  to  be  administered,  to,  or  taken  by,  any  person, 
any  poison,  or  other  noxious,  or  destructive,  substance,  or  liquid, 
with  the  intention  to  cause  the  death  of  such  person,  and  being 
thereof  duly  convicted,  shall  be  punished  by  imprisonment  in  the 
state  prison,  for  a  term  not  less  than  ten  years,  and  which  may 
be  extended  to  life;  and  every  person  who  shall  administer,  or 
■cause  to  be  administered,  or  taken,  or  shall  take,  any  medicinal 
substances,  or  shall  use,  or  cause  to  be  used,  any  instruments  what- 
ever, wath  the  intention  to  procure  abortion,  or  miscarriage,  of  any 
woman  then  being  with  child,  and  any  woman  who  shall  knowingly 
cause  to  be  used  upon  herself,  or  consent  to  the  use  of  such  instru- 
ments upon  herself,  with  the  intent  to  produce  abortion,  or  mis- 
carriage, when  with  child,  and  shall  be  thereof  duly  convicted,  shall 
be  punished  by  imprisonment  in  the  state  prison,  for  a  term  not 
less  than  two  j^ears,  nor  more  than  five  years;  provided,  that  no 
physician  shall  be  affected  by  the  last  clause  of  this  section,  who, 
in  the  discharge  of  his  professional  duties,  deems  it  necessary  to 
produce  abortion,  or  miscarriage,  of  any  woman  in  order  to  save  her 
life,  nor  shall  any  woman  be  affected  by  said  last  clause,  when  her 
physician  deems  it  necessary  to  have  said  abortion,  or  miscarriage, 
produced,  in  order  to  save  her  life,  nor  shall  such  physician,  or  sur- 
geon, be  arrested,  indicted,  or  put  on  trial,  or  convicted,  by  the 
testimony  of  such  woman  alone." 

§  217.  Assault  with  intent  to  commit  murder.  Every  per- 
son who  assaults  another  Avith  intent  to  commit  murder,  is 
punishable  by  imprisonment  in  the  state  prison  not  less  than 
one  nor  more  than  fourteen  years. 

Assault  with  intent  to  commit  other  felonies:   Post,  §  221. 

Assault  with  deadly  weapon:   I'ost,  §  245. 

Legislation  §  217.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  50,  as  amended  by  Stats.  1855,  p.  106,  §  2, 
which  read:  "§50.  An  assault  with  an  intent  to  commit  murder, 
rape,  the  infamous  crime  against  nature,  mayhem,  robbery,  or  grand 
larceny,  shall  subject  the  offender  to  imprisonment  in  the  state 
prison  for  a  term  not  less  than   one  year,  nor  more  than   fourteen 


97  ATTEMPTS    TO    KILL.  §  219 

years.  An  assault  with  a  deadly  weapon,  instnimeot,  or  other 
thing,  with  an  intent  to  inflict  upon  the  person  of  another,  a  bodily 
injury,  where  no  considerable  provocation  appears,  or  where  the 
circumstances  of  the  assault  show  an  abandoned  and  malignant 
heart,  shall  subject  the  offender  to  imprisonment  in  the  state  prison, 
not  exceeding  two  years,  or  to  a  fine  not  exceeding  five  thousand 
dollars,  or  to  both  such  fine  and  imprisonment." 

§  218.     Train-wrecking-,    intention    of,    punishment    for. 

Every  person  -who  nnlawfully  throws  out  a  switch,  removes 
a  rail,  or  places  any  obstruction  on  any  railroad  with  the  in- 
tention of  derailing  any  passenger,  freight  or  other  train, 
car  or  engine,  or  who  unlawfully  places  any  dynamite  or 
other  explosive  material  or  any  other  obstruction  upon  or 
near  the  track  of  any  railroad  with  the  intention  of  blowing 
up  or  derailing  any  such  train,  car  or  engine,  or  who  unlaw- 
fully sets  lire  to  any  railroad  bridge  or  trestle,  over  which 
any  such  train,  car  or  engine  must  pass,  with  the  intention 
of  wrecking  such  train,  ear  or  engine,  is  guilty  of  a  felony. 
[Amendment  approved  1905;  Stats.  1905,  p.  654.] 
Placing  obstructions  on  track:  See  post,  §  587. 

Legislation  §  218.  1.  Added  by  Stats.  1891,  p.  283,  and  then  read: 
"Every  person  who  shall  unlawfully  throw  out  a  switch,  remove 
a  rail,  or  place  any  obstruction  on  any  railroad  in  the  state  of 
California,  with  the  intention  of  derailing  any  passenger,  freight, 
or  other  train,  or  who  shall  unlawfully  board  any  passenger  train 
with  the  intention  of  robbing  the  same,  or  who  shall  unlawfully 
place  any  dynamite  or  other  explosive  material,  or  any  other  obstruc- 
tion, on  the  track  of  any  railroad  in  the  state  of  California,  with 
the  intention  of  blowing  up  or  derailing  any  passenger,  freight,  or 
other  train,  or  who  shall  unlawfully  set  fire  to  any  railroad  bridge 
or  trestle,  over  which  any  passenger,  freight,  or  other  train  must 
pass,  with  the  intent  of  wrecking  said  train,  upon  conviction  shall 
be  adjudged  guilty  of  felony,  and  shall  be  punished  with  death  or 
imprisonment  in  the  state  prison  for  life,  at  the  option  of  the  jury 
trying  the  case."  , 

2.  Amendment  by  Stats.  1901,  p.  417;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  654. 

§219.     Railroad    trains,     when     wrecked;     punishment. 

Every  person  who  unlawfully  throws  out  a  switch,  removes 
a  rail,  or  places  any  obstruction  on  any  railroad  with  the 
intention  of  derailing  any  passenger,  freight  or  other  train, 
car  or  engine  and  thus  derails  the  same,  or  who  unlawfully 
places  any  dynamite  or  other  explosive  material  or  any  other 
obstruction  upon  or  near  the  track  of  any  railroad  with  the 
intention  of  blowing  up  or  derailing  any  such  train,  car  or 
engine  and  thus  blows  up  or  derails  the  same,  or  who  un- 
lawfully sets  fire  to  any  railroad  bridge  or  trestle  over  which 
any  such  train,  car  or  engine  must  pass  with  the  intention 

Pen.  Code- — 7 


§  222  PENAL    CODL].  98 

ol"  "wi-eckiiiii'  siK'li  Iraiii,  cai-  oi-  cii^iiie,  and  thus  wreoks  the 
same,  is  siiilty  of  a  i'clony  ami  punisliablfT  with  death  or  im- 
prisonment in  the  state  prison  for  life  at  the  option  of  the 
jury  trying'  the  ease. 

Legislation  §  219,     Added  by  Stats.  1905,  p.  655. 


CTT AFTER  VF. 

Assaults  with  Intent  to  Commit  Felony,   Other  than  Assaults  with 
Intent  to   Murder. 

§  220.     Assault  with  intent  to  commit  rape. 

§  221.     Other   assaults. 

§  222.     Administering    st'inefyiiig    drugs. 

§  220.  Assault  with  intent  to  commit  rape.  Every  person 
who  assaults  another  with  intent  to  commit  rape,  the  in- 
famous crime  against  nature,  mayhem,  robbery,  or  grand 
larceny,  is  punishable  by  imprisonment  in  the  state  prison 
not  less  than  one  nor  more  than  fourteen  years. 
Bape:   See  post,  §  261. 

Legislation  §  220.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  50.  as  amended  by  Stats.  1855,  p.  106,  §  2, 
q.  v.,  ante,  Legislation  §  217. 

§  221.  Other  assaults.  Every  person  who  is  guilty  of  an 
assault,  with  intent  to  commit  any  felony,  except  an  assault 
with  intent  to  commit  murder,  the  punishment  for  which 
assault  is  not  prescribed  by  the  preceding  section,  is  punish- 
able by  imprisonment  in  the  state  prison  not  exceeding  five 
years,  or  in  a  county  jail  not  exceeding  one  year,  or  by  fine 
not  exceeding  five  hundred  dollars,  or  by  both. 

Assault  generally:   Post,  §  240. 

Assault  to   murder:    Ante,  §  217. 

Assault  to   commit  rape:    Ante,  §  220. 

Assault  with  deadly  weapon:   Post,  §  245. 

Legislation  §  221.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  291,  N.  Y.  Pen.  Code,  §  218. 

§  222.  Administering  stupefying  drugs.  Every  person 
guilty  of  administering  to  another  any  chloroform,  ether, 
laudanum,  or  other  narcotic,  anesthetic,  or  intoxicating 
agent,  with  intent  thereby  to  enable  or  assist  himself  or  any 
other  person  to  commit  a  felony,  is  guilty  of  felony. 
Administering  poison;  ante,  §  216. 

Legislation  §  222.  Enacted  February  14,  1872;  based  on  Consol. 
Stats,  of  Canada,  1S59,  p.  955,  §  13. 


90  DUELS  AND  CllALLKNGES.  §  227 


CHAPTER  YII. 
Duels   and   Challenges. 
§  225.     Duel   defined. 

§  226.     Punishment  for  fighting  a  duel,  when  death  ensues. 
§  227.     Punishment  for  fighting  a  duel,  although  death  does  not  ensue. 
§  228.     Persons   fighting    duels,    etc.,    disqualified   from   holding   office, 

etc. 
S  229.     Posting  for   not   figliting. 
§  230.     Duties   of   officers   to   prevent   duels. 

§  231.  Leaving  the  state  with  intent  to  evade  laws  against  dueling. 
§  232.     Witness's   privilege. 

Code  commissioners'  note  to  Chapter  VII.  "The  sections  relating 
to  duels  are  founded  upon  the  provisions  of  an  act  of  1855  (Stats. 
1855,  p.  152,  §  1)  and  of  §§  43  and  44  of  the  Crimes  and  Punishment 
Act  of  1850,  p.  233.  and  §§  293,  294,  300,  301,  and  303  of  the  New 
York  Penal  Code  [Field's  Draft].  No  provision  has  ever  been  made 
for  carrying  into  effect  the  constitutional  provisions  on  the  subject, 
and  although' fighting  by  previous  appointment,  without  the  use 
of  deadly  weapons,  was 'by  the  act  of  1S50  (Stats.  1850,  p.  229), 
made  a  felony,  yet  there  was  no  punishment  affixed  to  the  offense 
of  dueling,  unless  death  ensued.  The  commission  have  supplied 
these  omissions.  Sections  two  and  three  of  the  act  of  1855,  giving 
remedies  by  action  for  injuries,  etc.,  arising  from  dueling,  are  in- 
serted in  the  Civil  Code." 

§  225.  Duel  defined.  A  duel  is  any  combat  with  deadly 
weapons,  foiiuht  between  two  or  more  persons,  by  previous 
agreement  or  upon  a  previous  quarrel. 

Legislation  §  225.     Enacted    February    14,    1872.     See    ante,    Code 

commissioners'  note  to  Chapter  VII. 

§  226.     Punishment  for  fighting  a  duel,  when  death  ensues. 

Every  person  guilty  of  fighting  any  duel,  from  which  death 
ensues  within  a  year  and  a  day,  is  punishable  b}^  imprison- 
ment in  the  state  prison  not  less  than  one  nor  more  than 
seven  years. 

Legislation  §  226.  Enacted  February  14,  1872.  See  ante,  Code 
commissioners'  note  to  Chapter  VII. 

§227.  Punishment  for  fighting  a  duel,  although  death 
does  not  ensue.  Every  person  who  fights  a  duel,  or  who 
sends  or  accepts  a  challenge  to  fight  a  duel,  is  punishable  by 
imprisonment  in  the  state  prison  or  in  the  county  jail  not 
exceeding  one  year.  [Amendment  approved  1874;  Code 
Amdts.  1873-74,  p.  428.] 

Legislation  §  227.  1.  Enacted  February  14,  1872  (see  ante,  Code 
commissioners'  note  to  Chapter  VII),  and  then  read:  "Every  person 
guilty  of  fighting  any  duel,  although  no  death  or  wound  ensues,  is 
punishable  by  imprisonment  in  the  state  prison  not  exceeding  one 
year." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  428. 

3.  Amendment  by  Stats.  1901,  p.  448;  unconstitutional.  See  note, 
§  5,  ante. 


§  230  PENAL   CODE.  100 

§  228.  Persons  fighting  duels,  etc.,  disqualified  from  hold- 
ing office,  etc.  Any  citizen  oL"  this  state  who  shall  ti^ht  a 
(liu'l  \vith  deadly  Aveapoiis.  or  send  or  accept  a  challenjie  to 
fiiiht  a  duel  with  deadly  weapons,  either  within  this  state  or 
out  of  it,  or  who  shall  act  as  second,  or  knowingly  aid  or 
assist  in  any  manner  those  thus  offending,  shall  not  be 
allowed  to  hold  any  office  of  profit,  or  to  enjoy  the  right  of 
suffrage,  and  shall  be  declared  so  disqualified  in  the  judg- 
ment, upon  conviction.  [Amendnunit  api)roved  1880 ;  Code 
Amdts.  1880,  p.  8.] 

Disqualifications:    See   Const.,   art.   xx,  §  2. 

Remedies  by  action  for  injuries  arising  from  dueling:  See  Civ. 
Code,  §§  j.'UT,  3348. 

Legislation  §  228.  1.  Enacted  February  14,  1872  (based  on  Const. 
1849,  art.  xi,  §  2;  see  ante.  Code  commissioners'  note  to  Chapter 
VII),  and  then  read:  "Every  person  guilty  of  fighting  a  duel,  or 
who  sends  or  accepts  a  challenge  to  fight  a  duel,  or  who  acts  as  a 
second  therein,  is  forever  disqualified  from  holding  any  office,  or 
from  exercising  the  elective  franchise  in  this  state." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  428,  to  read:  "Every 
person  who  fights  a  duel,  or  who  sends  or  accepts  a  challenge  to 
fight  a  duel,  shall,  in  addition  to  the  punishment  prescribed  in  the 
last  section,  be  forever  disqualified  from  holding  any  office,  or 
from  exercising  the  elective  franchise  in  this  state,  and  shall  be 
declared  so  disqualified  in  the  judgment  upon  conviction." 

3.  Amended  by  Code  Amdts.  1880,  p.  S. 

§  229.  Posting  for  not  fighting.  Every  person  who  posts 
or  publishes  another  for  not  fighting  a  duel,  or  for  not  send- 
ing or  accepting  a  challenge  to  fight  a  duel,  or  who  uses  any 
reproachful  or  contemptuous  language,  verbal,  written,  or 
printed,  to  or  concerning  another,  for  not  sending  or  accept- 
ing a  challenge  to  fight  a  duel,  or  with  intent  to  provoke  a 
duel,  is  guilty  of  a  misdemeanor. 

Legislation  §  229.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  233,  §  43  (see  ante.  Code  com- 
missioners' note  to  Chapter  VII),  which  read:  "§43.  If  any  per- 
son shall  post  another,  or  in  writing  or  print  shall  use  any  reproach- 
ful or  contemptuous  language  to  or  concerning  another  for  not 
fighting  a  duel,  or  foi  not  sending  or  accepting  a  challenge,  he  shall 
be  imprisoned  in  the  county  jail  for  a  term  not  exceeding  six 
months,  and  fined  in  any  sum  not  exceeding  one  thousand  dollars." 

§  230.  Duties  of  officers  to  prevent  duels.  Every  ju(5^e, 
justice  of  the  peace,  sheriff',  or  other  officer  bound  to  preserve 
the  public  peace,  who  has  knowdedge  of  the  intention  on  the 
part  of  any  persons  to  fight  a  duel,  and  who  does  not  exert  his 
official  authority  to  arrest  the  party  and  prevent  the  duel,  is 
punishable  by  fine  not  exceeding  one  thousand  dollars. 

Legislation  §  230.     Enacted   February    14,    1872.     See   ante,   Code 

commissioners'  note  to  Chapter  VII. 


101  FALSE  IMPRISONMENT.  §  237 

§  231.  Leaving"  the  state  with  intent  to  evade  laws  against 
dueling.  Every  person  who  leaves  this  state  with  intent  to 
evade  any  of  the  provisions  of  this  chapter,  and  to  commit 
any  act  ont  of  tliis  state  such  as  is  proliibited  by  this  chap- 
ter, and  who  does  any  act,  although  out  of  this  state,  which 
would  be  punishable  by  such  provisions  if  committed  within 
this  state,  is  punishable  in  the  same  manner  as  he  would 
have  been  in  case  such  act  had  been  committed  within  this 
state. 

Leaving  state  to  evade  statute  against  dueling:   See  post,  §  780. 
Legislation  §  231.     Enacted    February    14,    1872.     See    ante,    Code 

commissioners'  note  to  Chapter  VII. 

§  232,  Witness's  privilege.  No  person  shall  be  excused 
from  testifying:  or  answering  any  question  upon  any  investi- 
gation or  trial  for  a  violation  of  either  of  the  provisions  of 
this  chapter,  upon  the  ground  that  his  testimony  might  tend 
to  convict  him  of  a  crime.  But  ]io  evidence  given  upon  any 
examination  of  a  person  so  testifying  shall  be  received 
against  him  in  any  criminal  prosecution  or  proceeding. 

Legislation  §  232.     Enacted    February    14,    1872.     See    ante,    Code 

commissioners'  note  to  Chapter  VIT. 

CHAPTER  VIII. 

False   Imprisonment. 

§  236.     False  imprisonment  defined. 

§  237.     False  imprisonment,  how    punished. 

§  236.     False  imprisonment  defined.     False  imprisonment 

is  the  unlawful  violation  of  the  personal  liberty  of  another. 

Reconfining  person  discharged  on  habeas  corpus:  Post,  §  363. 

Legislation  §  236.     Enacted  February   14,   1872;   based   on   Crimes 

and   Punishment   Act,   Stats.   1850,  p.   234,  §  52   (first  clause),  q.  v., 

post.  Legislation  §  237, 

§  237.  False  imprisonment,  how  punished.  False  im- 
prisonment is  punishable  by  fine  not  exceeding  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  more 
than  one  year,  or  by  both.  If  such  false  imprisonment  be 
effected  by  violence,  menace,  fraud,  or  deceit,  it  shall  be 
punishable  by  imprisonment  in  the  state  prison  for  not  less 
than  one  nor  more  than  ten  years.  [Amendment  approved 
1901  ;  Stats.  1901,  p.  53.] 

Legislation  §  237.  1.  Enf\cted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  234,  §  52,  which  read:  "§52. 
False  imprisonment  is  an  unlawful  violation  of  the  personal  liberty 
of  another,  and  consists  in  confinement  or  detention  without  suffi- 
cient legal  authority.     Any  person  convicted  of  false  imprisonment 


§  242  PENAL    CODE.  102 

shall  ])ay  all  damages  sustainod  by  the  person  so  imprisoned,  and 
be  fined  in  any  sum  not  rxcceding  five  thousand  dollars,  or  impris- 
oneil  in  the  county  jail  for  a  term  not  exceeding  one  year."  Wlien 
enacted  in  1872,  §  237  contained  only  the  first  sentence  of  the  pres- 
ent amendment;  and  then  (1)  had  tlic  words  "five  thousand  dollars" 
instead  of  "five  hundre<l  dollars,"  and  (2)  diil  not  have  the  word 
"by"  before  "both,"  at  end  of  section. 
2.  Amended  by  Stats.  1901,  p.  53. 


CHAPTER  IX. 

Assault   and   Battery. 

§  240.  Assault    defined. 

§  241.  Punishment   of  assault. 

§  242.  Battery  defined. 

§  243.  Battery,  how  punished. 

§  244.  Assaults  with  caustic  chemicals. 

§  245.  Assaults  with   deadly  weapons. 

§  246.  Death  penalty  for  assault  by  life  convict. 

§240.  Assault  defined.  An  assault  is  an  unlawful  at- 
tempt, coupled  with  a  present  ability,  to  commit  a  violent 
injury  on  the  person  of  another. 

Legislation  §  240.  Enacted  February  14,  1872;  identical  with 
Crimes  and  Punishment  Act,  Stats.  1850,  p.  234,  §  49,  and  with  the 
first  clause  of  the  same  section  as  amended  by  Stats.  1856,  p.  220, 
§5.  The  code  commissioners  cite  8  Cal.  547;  9  Cal.  259.  See  post, 
Legislation  §  241. 

§  241.  Punishment  of  assault.  An  assault  is  punishable 
by  fine  not  exceeding'  five  hundred  dollars  or  by  imprison- 
ment in  the  county  jail  not  exceeding;  six  months,  or  by 
both.      [Amendment  approved  1911;  Stats.  1911,  p.  687.] 

Assault  with  deadly  weapon:   Post,  §  245. 

Assault  with  intent   to    commit    rape   or   crime    against   nature: 

Ante,  §  220. 

Assault  with  intent  to  rob,  to  commit  mayhem,  or  grand  larceny: 
See  ante,  §  220. 

Assault  to  murder:    See   ante,  §  217. 

Jurisdiction  of  police  court  over  assault:  See  Pol.  Code,  §  4426. 

Legislation  §  241.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  49,  as  amended  by  Stats.  1856,  p.  220,  §  5 
(second  clause),  and  read:  "An  assault  is  punishable  by  fine  not 
exceeding  five  hundred  dollars  or  by  imprisonment  in  the  county 
jail  not  exceeding  three  months."     See  ante.  Legislation  §  240. 

2.  x\ mended  1911,  p.  687,  as  above. 

§  242.  Battery  defined.  A  battery  is  any  willful  and 
unlaAvful  use  of  force  or  violence  upon  the  person  of  an- 
other. 

Legislation  §  242.  Enacted  February  14,  1872;  identical  with 
Field's  Draft.  §  305.  Crimes  and  Punishment  Act,  Stats.  1850,  p.  234, 
§  51,  read:  "Assault  and  battery  is  the  unlawful  beating  of  another, 
and  a  person  duly  convicted  thereof  shall  be  fined  in  any  sum  not 


103  ASSAULT  AND  BATTEliV .  §  245 

exceeding   one   thousand    dollars,   or   imprisoned   in   tlie   couuty   jail 
not  exeei'ding  one  year." 

§  243.  Battery,  how  punished.  A  battery  is  punishable 
by  fine  of  not  exceeding  one  thousand  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  six  months,  or 
by  both.      [Amendment  approved  1881;  Stats.  1881,  p.  11.] 

Legislation  §  243.  1.  Enacted  February  14,  1872  (based  on  Crimes 
and  Punishment  Act,  Stats.  1S50,  p.  234,  §  51,  q.  v.,  ante.  Legisla- 
tion §  242),  and  then  read:  "A  battery  is  punishable  by  fine  not 
exceeding  one  thousand  dollars,  or  by  imprisonment  in  the  county 
jail  not  exceeding  one  year." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  42S,  adding  "or  an  as- 
sault and  battery." 

3.  Amended  by  Code  Amdts.  1875-76,  p.  110,  to  read:  "A  battery 
is  punishable  by  fine  not  exceeding  one  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  six  months,  or  if 
committed  upon  the  wife  of  the  assailant,  it  shall  be  in  the  discre- 
tion of  the  court  to  punish  the  offender  by  the  infliction  of  not 
less  than  twenty-one  lashes  on  the  bare  back,  to  be  administered 
by  the  sheriff  of  the  county  or  any  constable  of  the  township." 

4.  Amended  by  Stats.  1881,  p.  11. 

§  244.  Assaults  with  caustic  chemicals.  Every  person 
who  willfully  and  maliciously  places  or  throws,  or  causes 
to  be  placed  or  thrown,  upon  the  person  of  another,  any 
vitriol,  corrosive  acid,  or  caustic  chemical  of  any  nature, 
with  the  intent  to  injure  the  flesh  or  disfigure  tbe  body  of 
such  person,  is  punishable  by  impi'isonment  in  the  state 
prison  not  less  than  one  nor  more  than  fourteen  years. 

Legislation  §  244.     Enacted   February    14,    1872;    based    on    Stats. 

1S67-G8,  p.  194,  §  1. 

§  245.  Assaults  with  deadly  weapons.  Every  person 
who  commits  an  assault  upon  the  person  of  another  with  a 
deadly  weapon  or  instrument,  or  by  any  means  or  force 
likely  to  produce  great  bodily  injury,  is  punishable  by  im- 
prisonment in  the  state  prison,  or  in  a  county  jail,  not 
exceeding  two  j^ears,  or  by  fine  not  exceeding  five  thousand 
dollars,  or  by  both.  [Amendment  approved  1874;  Code 
Amdts.  1873-74,  p.  428.] 

Legislation  §  245.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  50,  as  amended  by  Stats.  1855,  p.  106,  §  2, 
q.  v.,  ante,  Legislation  §  217.  The  code  commissioners  say:  "Slight 
verbal  alterations  have  been  made,  but  no  substantial  change." 
When  enacted  in  1872,  §  245  read:  "Every  person  who,  with  intent 
to  do  bodily  harm,  and  without  just  cause  or  excuse,  or  when  no 
considerable  provocation  appears,  or  when  the  circumstances  show 
an  abandoned  and  malignant  heart,  commits  an  assault  upon  the 
person  of  another  with  a  deadly  weapon,  instrument,  or  other  thing, 
is  punishable  by  imprisonment  in  the  state  prison  not  exceeding  two 
years,  or  by  fine  not  exceeding  five  thousand  dollars,  or  by  both." 
2.  Amended  by  Code  Amdts.  1873-74,  p.  428. 


§  240  PEx\AL   CODE.  ,"  104 

§  246.  Death  penalty  for  assault  by  life  convict.  Every 
persoji  undcriioiiii^'  a  lU'e  sentence  in  n  state  pi'ison  of  this 
state,  who,  witli  malice  aforethought,  commits  an  assault 
upon  the  person  of  another  with  a  deadly  weapon  or  in- 
stniiiient,  or  by  any  means  oi-  force  likely  to  produce  great 
bodily  injury,  is  punishable  with  death. 

Legislation  §  246.     Addocl  by  Stats.  1901,  p.  6. 


CHAPTER  X. 
Libel. 

§  248.     Libel   defined. 

8  249.     Punishment  of  libel. 

§  250.     Malice   presumed. 

§  251.  Truth  may  be  given  in  evidence.  Jury  to  determine  law  and 
'fact. 

§  252.     Publication    defined. 

§  233.     Liability   of  editors   and   publishers. 

§  254.  Publishing  a  true  report  of  public  official  proceedings  privi- 
leged. 

§  255.     Extent  of  privilege. 

§  256.     Other   privileged   communications. 

§  257.  Threatening  to  publish  libel.  Offer  to  prevent  publication, 
with  intent  to  extort  money. 

§  258.     Publishing  of  caricatures  and  cartoons  unlawful.      [Repealed.] 

§  259.  Newspaper  articles  of  personal  character  must  be  signed. 
Penalty  for  violation.  Name  of  author  of  book  or  news 
agency  sufficient. 

§  248.  Libel  defined.  A  libel  is  a  malicious  defamation, 
expressed  either  by  writing,  j^rinting,  or  by  signs  or  pic- 
tures, or  the  like,  tending  to  blacken  the  memory  of  one 
who  is  dead,  or  to  impeach  the  honesty,  integrity,  virtue, 
or  reputation,  or  publish  the  natural  or  alleged  defects  of 
one  who  is  alive,  and  thereby  to  expose  him  to  public 
hatred,  contempt,  or  ridicule.  [Amendment  approved 
1874;  Code  Amdts.  1873-74,  p.  428.] 
Libel,   defined:    See   Civ.  Code,  §  45. 

Legislation  §  248.  1.  Enacted  February  14,  1872  (N.  Y.  Pen. 
Code,  §.242);  based  on  Crimes  and  Punishment  Act,  Stats.  1850. 
p.  244,  §  120,  first  clause,  which  had  the  words  "or  her"  after  "to 
expose  him."  When  enacted  in  1872,  §  248  did  not  contain  (1)  the 
word  "writing"  before  "printed,"  nor  (2)  the  words  "err  alleged" 
before  "defects." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  428. 

§  249.  Punishment  of  libel.  Every  person  who  will- 
fully, and  with  a  malicious  intent  to  in.iure  another,  pub- 
lishes or  procures  to  be  published  any  libel,  is  punishable 
by  fine  not  exceeding  five  thousand  dollars,  or  imprison- 
ment in  the  county  jail  not  exceeding  one  year. 


105  LIBEL.  §  254 

Legislation  §  249.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  244,  §  12U  (see  ante.  Legislation 
§  248),  wliieh,  after  the  first  clause,  read,  "every  person,  whether 
the  writer  or  the  publisher,  convicted  of  the  offense,  shall  be  fined 
in  a  sum  not  exceeding  five  thousand  dollars,  or  imprisonment  in 
the  county  jail  not  exceeding  one  year.  lu  all  prosecutions  for 
libel,  the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it 
shall  appear  to  the  jury  that  the  matter  charged  as  libelous  is  true, 
and  was  published  with  good  motives,  and  for  justifiable  ends,  the 
party  shall  be  acquitted,  and  the  jury  shall  have  the  right  to  de- 
termine the  law  and  the  fact." 

§  250.  Malice  presumed.  An  injurious  publication  is 
presumed  to  have  been  malicious  if  no  justifiable  motive  for 
making  it  is  shown. 

Malice,  defined:   See  ante,  §  7,  subd.  4. 
Legislation  §  250.     Enacted  February   14,  1872. 

§  251.  Truth  may  be  given  in  evidence.  Jury  to  deter- 
mine law  and  fact.  In  all  criminal  prosecutions  for  libel, 
the  truth  may  be  given  in  evidence  to  the  jury,  and  if  it 
appears  to  the  jury  that  the  matter  charged  as  libelous  is 
true,  and  was  published  with  good  motives  and  for  justi- 
fiable ends,  the  party  shall  be  accpiitted.  The  jury  have 
the  right  to  determine  the  law  and  the  fact. 

Constitutional  provision  is  the  same:    Const.,  art.  i,  §  9. 
Jury  determines  law  and  fact  in  libel:   See  post,  §§  1125,  1126. 
Legislation  §  251.     Enacted   February  14,   1872;    based   on   Crimes 
and   Punishment   Act,   Stats.   1850,  p.   244,  §  120,   q.   v.,  ante.  Legis- 
lation §§  248,  249. 

§  252.  Publication  defined.  To  sustain  a  charge  of  pub- 
lishing a  libel,  it  is  not  needful  that  the  words  or  things 
complained  of  should  have  been  read  or  seen  by  another. 
It  is  enough  that  the  accused  knowingly  parted  with  the 
immediate  custody  of  the  libel  under  circumstances  which 
exposed  it  to  be  read  or  seen  by  any  other  person  than  him- 
self. 

Legislation  §  252.     Enacted  February  14,  1872.     (N.  Y.  Pen.  Code, 

§  245.)      The  code  commissioners  cite  6  Ga.  276. 

§  253.  Liability  of  editors  and  publishers.  Each  author, 
editor,  and  proprietor  of  any  book,  newspaper,  or  serial 
publication,  is  chargeable  with  the  publication  of  any  words 
contained  in  any  part  of  such  book,  or  number  of  such 
newspaper  or  serial. 

Constitutional  provisions:   See  Const.,  art.  i,  §  9. 
Legislation  §  253.     Enacted  February  14,  1872.      (N.  Y.  Pen.  Code, 
§246.) 

§  254.  Publishing  a  true  report  of  public  official  proceed- 
ings privileged.     No  i-eporter.  editor-,  or  proprietor  of  any 


§  251)  PENAL   CODE.  106 

newspnjMM"  is  liahlo  to  any  prosecution  for  a  fair  and  ti'uc 
report  oi'  any  judicial,  lcj>islati\'e,  or  otlior  pul)lie  official  pro- 
ceedings, or  of  any  statement,  speech,  argument,  or  debate 
in  the  course  of  the  same,  exeep^t  upon  proof  of  malice  in 
making  such  report,  which  shall  not  be  implied  from  the 
mere  fact  of  publication. 

Legislation  §  254.  Enactoil  Fcbruiuv  14,  1872.  (X.  Y.  Pen.  Code, 
§247.) 

§  255.     Extent   of  privilege.     liibelous   remarks   or   com- 
ments connected  with  matter  privileged  by  the  last  section 
receive  no  i)rivilege  by  reason  of  their  being  so  connected. 
Legislation  §  255.     Enacted  February  14,  1872. 

§  256.  Other  privileged  communications.  A  communi- 
cation made  to  a  person  interested  in  the  communication,  by 
one  who  was  also  interested  or  who  stood  in  such  relation 
to  the  former  as  to  afford  a  reasonable  ground  for  suppos- 
ing his  motive  innocent,  is  not  presumed  to  be  malicious, 
and  is  a  privileged  communication. 

Legislation  §  256.     Enacted  February  14,  1872.     (N.  Y.  Pen.  Code, 

§  253.) 

§  257.  Threatening  to  publish  libel.  Offer  to  prevent 
publication,  v^^ith  intent  to  extort  money.  Every  person 
who  threatens  another  to  pul)lish  a  libel  concerning  him. 
or  any  parent,  husband,  wife,  or  child  of  such  person,  or 
member  of  his  family,  and  every  person  wdio  offers  to  pre- 
vent the  publication  of  any  libel  upon  another  person,  with 
intent  to  extort  any  money  or  other  valuable  considera- 
tion from  any  person,  is  guilty  of  a  misdemeanor. 

Legislation  §  257.  Enacted  February  14,  1872.  (N.  Y.  Pen.  Code, 
§  254.)  The  code  commissioners  say:  "The  commissioners  have  in- 
troduced several  sections  taken  from  the  New  York  Penal  Code 
[Field's  Draft],  (sections  311,  313,  314,  315.  316,  317,  and  318),  the 
justice  of  which  will  be  obvious  to  all.  Publishers  of  newspapers  are 
often  called  upon  to  determine,  at  a  few  moments'  notice,  whether 
an  article  is  privileged  or  not.  It  is  but  a  matter  of  simple  justice, 
alike  to  them  and  to  the  citizen,  that  the  leading  rules  of  the  law 
governing  libelous  publications  should  be  embodied  in  a  statute  to 
which  ready  reference  may  be  had." 

§  258.     Publishing  of  caricatures  and  cartoons  unlawful. 

[Repealed  1915;  Stats.  1915,  p.  761.] 

Legislation  §  258.     1.  Added  bv  Stats.  1899,  p.  28. 
2.   Repealed  1915,  p.  761. 

§  259.  Newspaper  articles  of  personal  character  must  be 
signed.  Penalty  for  violation.  Name  of  author  of  book  or 
news  agency  sufficient.  Every  article,  statement,  or  edi- 
torial, contained  in  any  newspaper  or  other  printed  publica- 


107  LIBEL.  §  259 

tion,  printed  or  published  in  tliis  state,  which  by  writing  or 
printing  tends  to  blacken  the  memory  of  one  who  is  dead, 
or  to  impeach  the  honesty,  integrity,  virtue  or  reputation, 
or  publish  the  natural  or  alleged  defects  of  one  who  is  alive, 
and  thereby  expose  him  or  her  to  public  hatred,  contempt 
or  ridicule,  must  be  supplemented  by  the  true  name  of  the 
writer  of  such  article,  statement,  or  editorial,  signed  or 
printed  at  the  end  thereof.  Any  owner,  proprietor  or  pub- 
lisher of  any  newspaper  or  other  printed  pul)lication, 
printed  or  published  in  this  state,  who  shall  publish  any 
such  article,  statement,  or  editorial  in  any  printed  publi- 
cation, printed  or  published  in  this  state,  which  is  not  so 
supplemented  by  the  true  name  of  the  writer  thereof,  signed 
or  printed  at  the  end  thereof  as  required  by  this  section, 
shall  forfeit  the  sum  of  one  thousand  dollars  for  each  and 
every  article,  statement,  or  editorial  so  published  in  viola- 
tion of  the  requirements  of  this  section,  wdiich  said  sum  so 
forfeited  may  be  sued  for  and  recovered  against  any  such 
owner,  publisher,  or  proprietor  so  violating  this  section,  in  a 
civil  action  by  and  in  the  name  of  any  person  wdio  may 
bring  action  therefor,  one  half  of  the  recovery  to  be  paid 
into  the  treasury  of  this  state  by  the  plaintiff  and  the  other 
half  to  be  retained  by  the  plaintiff  in  such  action.  If,  in 
any  such  action,  it  shall  appear  by  affidavit  to  the  satisfac- 
tion of  the  court  where  such  action  is  commenced  that  a 
defendant  has  made  a  publication  in  violation  of  this  sec- 
tion within  this  state,  and  that  after  due  diligence  such 
defendant  cannot  be  found  within  this  state,  or  is  a  foreign 
corporation,  the  court  must  direct  an  attachment  in  such 
action  to  issue  against  the  property  of  such  defendant,  and 
thereupon  such  attachment  shall  issue  and  be  executed  as  in 
other  cases  where  by  law  an  attachment  is  provided  for. 
Where  the  work  of  any  author  is  contained  in  a  book  or 
pamphlet  it  shall  be  sufficient  that  the  name  of  the  author 
be  printed  upon  the  cover  or  upon  a  leaf  therein,  and  where 
any  publisher  in  the  regular  course  of  business  publishes  as 
news,  telegraphic  dispatches  not  furnished  or  forwarded  by 
its  or  his  own  correspondent  or  correspondents,  but  fur- 
nished and  forwarded  by  telegraph  as  news  by  a  telegraphic 
news  agency,  established  and  engaged  in  forwarding  tele- 
graphic news  to  various  different  publishers  as  a  business, 
and  having  an  established  business  name  as  such  a  news 
agency,  it  shall  be  sufficient  as  to  such  dispatches,  that  the 
said  business  name  of  such  telegraphic  news  agency  be 
printed  in  connection  with  such  dispatches  as  the  forwarder 
of  the  same. 

Legislation  §  259.     Added  bj'  Stats.  1899,  p.  15.::;. 


§  261  PENAL    CODE.  108 


TITLE   IX. 

Crimes  Against  the  Person  and  Against  Public  Decency  and 
Good  Morals. 

Chapter  J.     Kapc,   Abduction,   Carnal  Abuse   of   Children,  and  Seduc- 
tion.    §§  li()l-2(j9b. 
IJ.     Abandoniuent  and  Neglect  of  Children.      §§  270-273h. 
lii.     Abortions.     §§274,  2(5. 
iV.     Child-stealing.     §  278. 
V.     Bigamy,    Incest,    and    the    Crime    against    Nature.     §§  281- 
288a. 
VI.     Violating  Sepulture  and  the  Remains  of  the  Dead.     §§  290- 

297. 
VII.     Crimes   against  Eeligion   and   Conscience,   and  Other   Of- 
fenses,  against    Good   Morals.     §§  299-3 10  i/o. 
VIII.     Indecent  Exposure,  Obscene  Exhibitions,  Books  and  Prints, 
and  Bawdy  and  Other  Disorderly  Houses.     §§  311-318. 
IX.     Lotteries.     §§  319-326. 
X.     Gaming.     §§  330-337a. 
XI.     Pawnbrokers.     §§  338-344. 
XII.     Other  Injuries  to  Persons.     §§  346-367e. 

CHAPTER  I. 

Rape,  Abduction,  Carnal  Abuse  of  Children,  and  Seduction. 

§  261.     Rape   defined. 

§  262.     When  physical  ability  must  be  proved. 

§  263.     Penetration   sufficient. 

§  264.     Punishment  for  rape. 

§  265.     Abduction  of  women. 

§  266.     Seduction   for  purposes   of  prostitution. 

§  266a.  Taking  female  for  purpose   of  prostitution. 

§  266b.  Taking  female  by  force,  duress,  etc.,  to  live  in  an  illicit 
relation. 

§  266c.  Bringing  or  landii.g  Chinese  or  Japanese  women  for  the  pur- 
pose of  sellinjf. 

§  266d.  Placing  female  in  custody  for  the  purpose  of  cohabitation. 

§  2SQe.  Paying   for   female   for   the   purpose   of   prostitution. 

§  266f.  Selling   female   for   immoral    purposes. 

§  266g.  Placing  or  permitting  the  placing  of  one's  wife  in  house  of 
prostitution. 

§  267.     Abduction. 

§  268.     Seduction   under   promise   of   marriage.     Penalty. 

§  269.     Intermarriage,   when   a   bar   to   prosecution. 

§  269a.  Adultery. 

§  269b.  Adultery   of   married  persons. 

§  261.  Rape  defined.  Rape  is  an  act  of  sexual  intercourse, 
accomplished  with  a  female  not  the  wife  of  the  perpetrator, 
under  either  of  the  following  circumstances : 

1.  Where  the  female  is  under  the  age  of  eighteen  years; 

2.  Where  she  is  incapable,  through  lunacy  or  other  un- 
soundness of  mind,  whether  temporary  or  permanent,  of  giv- 
ing legal  consent; 


109      RAPE,  ABDUCTION,  ABUSE  OP  CHILDREN^  SEDUCTION.       §  264 

3.  Where  she  resists,  but  Ikm;  resistance  is  overcome  by 
force  or  violence ; 

4.  Where  she  is  prevented  from  resistinu,-  by  threats  of 
great  and  immediate  bodily  harm,  accompanied  by  apparent 
power  of  execution,  or  by  any  intoxicating  narcotic,  or  anes- 
thetic, substance,  administered  by  or  with  the  privity  of  the 
accused ; 

5.  Where  she  is  at  the  time  unconscious  of  the  nature  of 
the  act,  and  this  is  known  to  the  accused ; 

6.  Where  she  submits  under  the  belief  that  the  person  com- 
mitting the  act  is  her  husband,  and  this  belief  is  induced 
by  any  artifice,  pretense,  or  concealment  practiced  by  the 
accused,  with  intent  to  induce  such  belief.  [Amendment  ap- 
proved 1913;  Stats.  1913,  p.  212.] 

Assault  with  intent  to  commit.  See  ante,  §  220. 

Legislation  §  261.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  319,  N.  Y.  Pen.  Code,  §  278;  Kan.  Gen.  Stats.,  §  .323),  differ- 
ing from  the  amendment  of  1913  (the  present  section),  having,  (1) 
in  subd.  1,  "ten  j'ears"  instead  of  "eighteen  years";  (2)  in  subd.  2, 
"any"  before  "other  unsoundness";  (3)  in  subd.  4,  "immediate'  and 
great  bodily  harm"  instead  of  "great  and  immediate  bodily  harm"; 
(4)  in  subd.  6  "a  belief"  instead  of  "the  belief." 

2.  Amended  by  Stats.  1889,  p.  223,  differing  from  the  amendment 
of  1913  (the  present  section),  having,  (1)  in  subd.  1,  "the  fourteen 
years"  instead  of  "eighteen  years,"  and  (2)  in  subd.  4,  the  same 
phraseology  as  the  original  code  section. 

3.  Amended  by  Stats.  1897,  p.  201,  differing  from  the  amendment 
of  1913  (the  present  section),  having  "sixteen  years,"  instead  of 
"eighteen  years." 

4.  Amended  by  Stats.  1913,  p.  212. 

§  262.  When  physical  ability  must  be  proved.  No  con- 
viction for  rape  can  be  had  against  one  who  was  under  the 
age  of  fourteen  years  at  the  time  of  the  act  alleged,  unless 
his  physical  ability  to  accomplish  penetration  is  proved  as 
an  independent  fact,  and  beyond  a  reasonable  doubt. 

Legislation  §  262.     Enacted    February    14,    1872;     identical    with 

Field's  Draft,  §  320,  N.  Y.  Pen.  Code,  §"279. 

§  263.  Penetration  sufficient.  The  essential  guilt  of  rape 
consists  in  the  outrage  to  the  person  and  feelings  of  the 
female.  Any  sexual  penetration,  however  slight,  is  suffi- 
cient to  complete  the  crime. 

Legislation  §  263.     Enacted    February    14,    1872;     identical    with 

Field's  Draft,  §  321,  N.  Y.  Pen.  Code,  §  2S0. 

§  264.  Punishment  for  rape.  Eape  is  punishable  by  im- 
prisonment in  the  state  prison  not  more  than  fifty  years,  ex- 
cept where  the  offense  is  under  subdivision  1  of  section  261 
of  the  Penal  Code  and  the  female  is  over  the  age  of  sixteen 
years  and  under  the  age  of  eighteen  years  in  which  case  the 


§  26G  PENAL    CODE.  110 

puiiislinient  slinll  be  by  iiii[)ri.s()ninent  in  the  county  jail  for 
not  nioi'c  than  one  yoar  oi-  in  the  state  prison  for  not  more 
than  fifty  years,  and  in  such  case  the  jury  shall  determine  by 
their  verdict  whether  the  i)unis]inient  shall  be  by  impi'ison- 
nient  in  the  county  jail  or  in  tlie  state  prison.  [Amendment 
approved  1913;  Stats.   1913,  p.  213.] 

Legislation  §  264.     1.  Enacted  February  14,  1872;  based  on  Crimes 
and   Punishment  Act,  §  47,   as   amended   by   Stats.   1855,   p.   105,  §  1, 
and  then   read:   "Kape  is  punisliable  by  imprisonment   in  the  state 
prison  not  less  than  five  years." 
2.  Amended  1913,  p.  213. 

§  265.  Abduction  of  Vi^omen.  Every  person  who  takes 
any  woman  unlawfully,  against  her  wdll,  and  by  force, 
menace,  or  duress,  compels  her  to  marry  him,  or  to  marry 
any  other  person,  or  to  be  defiled,  is  punishable  by  imprison- 
ment in  the  state  prison  not  less  than  two  nor  more  than 
fourteen  years. 

Legislation  §  265.  Enacted  February  14,  1872  (N.  Y.  Pen.  Code, 
§282);  based  on  Crimes  and  Punishment  Act,  as  amended  and  sup- 
plemented by  Stats.  1856,  p.  131,  §  1. 

§  266.  Seduction  for  purposes  of  prostitution.  Every 
person  who  inveigles  or  entices  any  unmarried  female,  of 
previous  chaste  character,  under  the  age  of  eighteen  years, 
intO'  any  house  of  ill-fame,  or  of  assignation,  or  elscAvhere, 
for  the  purpose  of  prostitution,  or  to  have  illicit  carnal  con- 
nection with  any  man;  and  every  person  wdio  aids  or  assists 
in  such  inveiglement  or  enticement;  and  every  person  who, 
by  any  false  pretenses,  false  representation,  or  other  fraudu- 
lent means,  procures  any  female  to  have  illicit  carnal  con- 
nection with  any  man,  is  punishable  by  imprisonment  in  the 
state  prison  not  exceeding  five  years,  or  l)y  imprisonment  in 
a  county  jail  not  exceeding  one  year,  or  by  a  fine  not  exceed- 
ing one  thousand  dollars,  or  by  both  such  fine  and  imprison- 
ment. [Amendment  approved  1874;  Code  Amdts.  1873-74, 
p.  429.] 

Act  to  punish  seduction:  See  post.  Appendix,  tit.  "Seduction." 
Legislation  §  266.  ,1.  Enacted  February  14.  1872  (based  on  Field's 
Draft,  §328,  X.  Y.  Pen.  Code,  §282),  and  then  read:  "Every  per- 
son who  inveigles  or  entices  any  unmarried  female,  of  previous 
chaste  character,  under  the  age  of  twenty-five  years,  into  any  house 
of  ill-fame  or  of  assignation,  or  elsewhere,  for  the  purpose  of  prosti- 
tution; and  every  person  who  aids  or  assists  in  such  abduction  for 
such  purpose;  and  every  person  who,  by  any  false  pretenses,  false 
representation,  or  other  fraudulent  means,  procures  any  female  to 
have  illicit  carnal  connection  with  any  man,  is  punishable  by  im- 
prisonment in  the  state  prison  not  exceeding  five  years,  or  by  im- 
prisonment in  a  county  jail  not  exceeding  one  year,  or  by  a  fine  not 
exceeding   one    thousand   dollars,    or   by   both."     The   code   commis- 


Ill      RAPE,  ABDUCTION,  ABUSE  OF  CHILDREN,  SEDUCTION.       §  266d 

siouers   cite   statutes   ou  kindred   offenses,   enacted   subsequently   to 
the  adoption  of  the  Penal  Code:  Stats.  1871-72,  pp.  184,  380. 
2.  Amended  by  Code  Anidts.  1873-74,  p.  429. 

§  266a.    Taking-  female  for  purpose  of  prostitution.    Every 

persoii  wlio,  within  this  state,  takes  any  female  person 
against  her  will  and  without  her  consent,  or  with  her  con- 
sent procured  by  fraudulent  inducement  or  misrepresenta- 
tion, for  the  purpose  of  prostitution,  is  punishable  by  im- 
prisonment in  the  state  prison  not  exceeding  tive  years,  and 
a  fine  not  exceeding  one  thousand  dollars. 

Legislation  §  266a.  1.  Addition  by  Stats.  1901,  p.  44S;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  655;  the  code  commissioner  saying  in 
his  note  to  §§  266a,  266b,  266c,  266d,  266e,  266f,  "The  statute  of  1893, 
p.  217,  regarding  the  compulsory  prostitution  of  women,  is  codified 
in  the  above-named  sections.  The  penalties  here  set  forth  in  §§  266d, 
266e,  and  266f  are  those  of  a  felony  instead  of  the  various  penalties 
set  forth  in  the  corresponding  sections  of  the  statute  codified." 

§  266b.  Taking  female  by  force,  duress,  etc.,  to  live  in  an 
illicit  relation.  Every  person  who  takes  any  female  person 
unlawfully,  and  against  her  will,  and  by  force,  menace,  or 
duress,  compels  her  to  live  with  him  in  an  illicit  relation, 
against  her  consent,  o^to  so  live  with  any  other  person, 
is  punishable  by  imprisonment  in  the  state  prison  not  less 
than  two  nor  more  than  four  years. 

Legislation  §  266b.  1.  Addition  by  Stats.  1901,  p.  448;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  655.  See  ante.  Legislation  §  266a,  for 
code  commissioner's  note. 

§  266c.  Bringing  or  landing  Chinese  or  Japanese  w^omen 
for  the  purpose  of  selling.  Every  person  bringing  to,  or 
landing  within  this  state,  any  female  person  born  in  the 
empire  of  China  or  the  empire  of  Japan,  or  the  islands  adja- 
cent thereto,  w4th  intent  to  place  her  in  charge  or  custody 
of  any  other  person,  and  against  her  will  to  compel  her  to 
reside  with  him,  or  for  the  purpose  of  selling  her  to  any 
person  whomsoever,  is  punishable  by  a  fine  of  not  less  than 
one  nor  more  than  five  thousand  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  six  nor  more  than 
twelve  months. 

Legislation  §  266c.  1.  Addition  by  Stats.  1901,  p.  448;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  656.  See  ante,  Legislation  §  266a,  for 
code  commissioner's  note. 

§  266d.  Placing  female  in  custody  for  the  purpose  of  co- 
habitation. Any  person  who  receives  any  money  or  other 
valuable  thing  for  or  on  account  of  his  placing  in  custody 


ji  267  PENAL    CODE.  112 

any  i'einale  i'or  tlie  i)iirpose  of  caiisijis  her  to  cohabit  with 
any  male  to  whom  slie  is  not  married,  is  jjjuilty  of  a  felony. 
Legislation  §  266d.     1.  Ad.lcd   l)y  Stats.   1901,   p.  448;   unconstitu- 
tional.    ISoe  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  05().  See  ante,  Legislation  §  266a,  for 
code  coininissioncr's  note. 

§  266e.     Paying  for  female  for  the  purpose  of  prostitution. 

Every  person  wlio  purchases,  or  pays  any  money  or  other 
valuable  thing  for,  any  female  person  for  the  purpose  of 
prostitution,  or  for  the  purpose  of  placing  her,  for  immoral 
purposes,  in  any  house  or  place  against  her  will,  is  guilty  of 
a  felony. 

Legislation  §  2666.     1.  Addition  by  Stats.  1901,  p.  448;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  656.  See  ante,  Legislation  §  266a,  for 
code  commissioner's  note. 

§266f.  Selling  female  for  immoral  purposes.  Every 
person  Avho  sells  any  female  person  or  receives  any  money 
or  other  valuable  thing  for  or  on  account  of  his  placing  in 
custody,  for  immoral  purposes,  any  female  person,  -whether 
with  or  without  her  consent,  is  guilty  of  a  felony. 

Legislation  §  266f.  1.  Addition  by  Stats.  1901,  p.  449;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  656.  See  ante,  Legislation  §  266a,  for 
code  commissioner's  note. 

§  266g.  Placing  or  permitting  the  placing  of  one's  wife 
in  house  of  prostitution.  Every  man  who,  by  force,  intimi- 
dation, threats,  persuasion,  promises,  or  any  other  means, 
places  or  leaves,  or  procures  any  other  person  or  persons  to 
place  or  leave,  his  wife  in  a  house  of  prostitution,  or  con- 
nives at  or  consents  to,  or  permits,  the  placing  or  leaving 
of  his  \vife  in  a  house  of  prostitution,  or  allows  or  permits 
her  to  remain  therein,  is  guilty  of  a  felony  and  punishable 
by  imprisonment  in  the  state  prison  for  not  less  than  three 
nor  more  than  ten  years ;  and  in  all  prosecutions  under  this 
section  a  wdfe  is  a  competent  witness  against  her  husband. 
Legislation  §  266g.  1.  Addition  by  Stats.  1901,  p.  449;  uncon- 
stitutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  656;  the  code  commissioner  saying, 
"This  section  codifies  the  statute  of  1891,  p.  285,  regarding  the 
placing  and  keeping  of  married  women  in  houses  of  prostitution." 

§  267.  Abduction.  Every  person  who  takes  away  any 
female  under  the  age  of  eighteen  years  from  her  father, 
mother,  guardian,  or  other  person  having  the  legal  charge 
of  her  person,  without  their  consent,  for  the  purpose  of 
prostitution,   is  punishable   by  imprisonment    in  the   state 


113   RAPE,  ABDUCTION,  ABUSE  OF  CHILDREN,  SEDUCTION.   §  269b 

prison  not  exceeding  five  years,  and  a  fine  not  exceeding 
one  thousand  dollars. 

Act  to  prevent  seduction:   See  post,  Appendix,  tit.     "Seduction." 
Abduction    or    kidnaping   of     infant    for   prostitution:    See    post, 
§  7S4. 

Legislation  §  267.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  329,  N.  Y.  Pen.  Code,  §  282;  Kan.  Gen.  Stats.,  §  324. 

§  268.     Seduction  under  promise  of  marriage.     Penalty. 

Every  person  who,  under  promi.se  of  marriage,  seduces  and 
has  sexual  intercourse  with  an  unmarried  female  of  previous 
chaste  character,  is  punishable  by  imprisonment  in  the  state 
prison  for  not  more  than  five  years,  or  by  a  fine  of  not 
more  than  five  thousand  dollars,  or  by  both  such  fine  and 
imprisonment. 

Legislation  §  268.     Added  by  Stats.  1889,  p.  12. 

§  269.     Intermarriage,  when  a  bar  to  prosecution.     The 

intermarriage  of  the  parties  subsequent  to  the  commission 
of  the  offense  is  a  bar  to  a  prosecution  for  a  violation  of  the 
last  section ;  provided,  such  marriage  take  place  prior  to  the 
finding  of  an  indictment  or  the  filing  of  an  information 
charging  such  offense. 

Legislation  §  269.     Added  by  Stats.  1889,  p.  12. 

§  269a.  Adultery.  Every  person  who  lives  in  a  state  of 
cohabitation  and  adultery  is  guilty  of  a  misdemeanor  and 
punishable  by  a  fine  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  in  the  county  jail  not  exceeding  one  year, 
or  by  both.  [Amendment  approved  1911;  Stats.  1911, 
p.  426.] 

Legislation  §  269a.     1.  Addition  by  Stats.  1901,  p.  449;   nnconsti- 

tutional.     See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  657;  the  code  commissioner  saying  in 
his  note  to  §§  269a,  269b,  "The  act  to  punish  adultery  (Stats.  1871- 
72,  p.  380)  is  codified  in  the  two  sections  above  named." 

3.  Amended  by  Stats.  1911,  p.  426,  the  change  consisting  in  the 
omission  of  the  words  "op'en  and  notorious"  before  the  word  cohabi- 
tation.    The  section  otherwise  remains  the  same. 

§  269b.  Adultery  of  married  persons.  If  two  persons, 
each  being  married  to  another,  live  together  in  a  state  of 
cohabitation  and  adultery,  each  is  guilty  of  a  felony,  and 
punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing five  years.  A  recorded  certificate  of  marriage  or  a  cer- 
tified copy  thereof,  there  being  no  decree  of  divorce,  proves 
the  marriage  of  a  person  for  the  purpose  of  this  action. 
[Amendment  approved  1911;  Stats.  1911,  p.  426.] 

Legislation  §  269b.     1.  Addition  by  Stats.  1901,  p.  449;   unconsti- 
tutional.    See  note,  §  5,  ante. 
Pen.  Code — 8 


§  270  PENAL   CODE.  114 

2.  A.IiUmI  liy  iStals.  ICOS,  j..  (J.")?.  Si'c  ante,  Legislation  §  li(i!);i,  for 
cofle  eomiuissioiier's  iiok". 

3.  AiuciuUmI  by  ytatn.  1911,  [).  426,  the  change  from  the  former 
section  consists  in  the  omission  of  tlic  words  "open  and  notorious" 
before  tlic  word  "coti.'iliitntinn."     'i'lie  section  otiierwise  is  tlie  same. 

CllAPTKK  II. 
Abandonment  and  Neglect  of  Children. 
§  270.     Penalty  for  not  furnishing  child  with  food,  etc. 
§  270a.  Non-support  of  wife. 
§  270b.  Surety    for   support. 

§  270c.  Adult  child,  duty  of,  to  provide  for  indigent  parents. 
§  270d.  Fine   may  be  paid   to  wife   of  defendant. 
§  270e.  Proof   of   marriage,  etc.     Confidential   communications.     Proof 

of  abandonment. 
§  271.  Desertion  of  minor. 
§  271a.  Maintenance   of   minor. 

§  272.     Person  selling,  apprenticing,  etc.,  children. 
§  273.     Person   receiving,   hiring,   etc.,   children. 
§  273a.  Unjustifiable  punishment  causing  child  to  suffer. 
§  273b.  Child  not  to  be  confined. 
§  273c.  Fines,   how   appropriated. 

§  273d.  Court  may  commit  child  to   charitable  institution, 
§  273e.  Minor  not  to  deliver  messages,  etc.,  to  certain  places. 
§  273f.  Sending  children  to  immoral  places. 
§  273g.  Immoral   practices   in   presence   of   children. 
§   273h.  Person  convicted  may  be  compelled  to  work  on  roads.     Pay- 
ment  made   to   wife,   etc. 

§  270.  Penalty  for  not  furnishing-  child  with  food,  etc. 
A  parent  of  either  a  legitimate  or  illegitimate  minor  child 
who  willfnlly  omits,  without  lawful  excuse,  to  furnish  neces- 
sary food,  clothing,  shelter,  or  medical  attendance  for  his 
child,  is  punishable  by  imprisonment  in  the  state  prison, 
or  in  the  county  jail,  not  exceeding  two  years,  or  by  fine 
not  exceeding  one  thousand  dollars,  or  by  both.  [Amend- 
ment approved  191.5;  i^tats.  1915,  p.  572.] 
-Indictable  omissions:   Ante,  §  26,  subd.  6. 

Duty  of  parent  to  support  child:   See  Civ.  Code,  §§  196,  208,  209. 
Corporations  for  prevention  of  cruelty  to  children:  See  Civ.  Code, 
§§  607   et  seq. 

Legislation  §  270.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  333,  N.  Y.  Pen.  Code,  §  287),  and  then  read:  "Every  parent 
of  any  child  who  willfully  omits,  without  lawful  excuse,  to  perform 
any  duty  imposed  upon  him  by  law,  to  furnish  necessary  food,  cloth- 
ing, shelter,  or  medical  attendance  for  such  child,  is  guilty  of  a  mis- 
demeanor." 

2.  Amendment  by  Stats.  1901,  p.  4-19;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  758,  to  read:  "A  parent  who  will- 
fully omits,  without  lawful  excuse,  to  furnish  necessary  food,  cloth- 
ing, shelter,  or  medical  attendance  for  his  child,  is  guilty  of  a  mis- 
demeanor"; the  code  commissioner  saying,  "The  change  consists  in 
the  omission  of  the  words  now  following  the  word  'excuse,'  'to  per- 
form any  duty  imposed  upon  him  by  law.'  They  are  clearly  without 
signification  as  employed  in  the  section." 


115  ABANDONMENT  AND   NEGLECT  OF  CHILDREN.  §  270b 

4.  Amended  by  Stats.  1909,  ]•.  23S,  to  read:  "A  parent  wlio  will- 
fully omits,  without  lawful  ext-use,  to  furnish  necessary  food,  cloth- 
ing, shelter  or  medical  attendance  for  his  child,  is  punishable  by 
inqjrisoninent  in  the  state  prison,  or  in  the  county  jail,  not  exceeding 
two  years,  or  by  line  not  exceeding  one  thousand  dollars,  or  by  both." 

5.  Amended  by  Stats.  1915,  p.  572. 

§  270a.  Non-support  of  wife.  Every  husband  having 
sufficient  ability  to  provide  for  his  wife's  support,  or  who  is 
able  to  earn  the  means  of  such  wife's  support,  who  willfully 
abandons  and  leaves  his  wife  in  a  destitute  condition,  or  who 
refuses  or  neglects  to  provide  such  wife  with  necessary 
■food,  clothing,  shelter  or  medical  attendance,  unless  by  her 
misconduct  he  was  justified  in  abandoning  her,  is  punishable 
by  imprisonment  in  the  state  prison,  or  in  the  county  jail, 
not  exceeding  two  years,  or  by  fine  not  exceeding  one  thou- 
sand dollars,  or  by  both.  [Amendment  approved  1909 ; 
Stats.  1909,  p.  258.] 

Legislation  §  270a,  1.  Added  by  Stats.  1907,  p.  91  (becoming  a 
law,  under  constitutional  provision,  without  governor's  approval), 
the  section  then  ending  with  the  words  "is  guilty  of  a  misdemeanor" 
instead  of  "is  punishable  by,"  etc.,  as  in  the  amendment  of  1909. 

2,  Amended  by  Stats.  1909,  p.  258. 

§  270b.  Surety  for  support.  After  arrest  and  before  plea 
or  trial,  or  after  conviction  or  plea  of  guilty  and  before  sen-  ■ 
tence  under  either  section  two  hundred  and  seventy  or  two 
hundred  and  seventy  a  of  this  code,  if  the  defendant  shall 
appear  before  the  court  and  enter  into  an  Undertaking  with 
sufficient  sureties  to  the  people  of  the  state  of  California  in 
such  penal  sum  as  the  court  may  fix.  to  be  approved  by  the 
court,  and  conditioned  that  the  defendant  will  pay  to  the 
person  having  custody  of  such  child  or  to  such  wife,  such 
sum  per  month  as  may  be  fixed  by  the  court  in  order  to 
thereby  provide  said  minor  child  or  said  wife,  as  the  case 
may  be,  with  necessary  food,  clothing,  shelter,  or  medical 
attendance,  then  the  court  may  suspend  proceedings  or  sen- 
tence therein ;  and  said  undertaking  is  valid  and  binding  for 
six  months;  and  upon  the  failure  of  defendant  to  comply 
with  said  undertaking,  he  may  be  ordered  to  appear  before 
the  court  and  show  cause  why  further  proceedings  should 
not  be  had  in  said  action  or  why  sentence  should  not  be 
imposed,  whereupon  the  court  may  proceed  with  said  action, 
or  pass  sentence,  or  for  good  cause  shown  may  modify  the 
order  and  take  a  new  undertaking  and  further  suspencl  pro- 
ceedings or  sentence  for  a  like  period.  [Amendment  ap- 
proved 1909;  Stats.  1909,  p.  259.] 

Legislation  §  270b.  1.  Added  by  Stats.  1907,  p.  92  (becoming  a 
law,  under  constitutional  provision,  without  governor's  approval), 
and  then  read:  "After  arrest,  conviction  or  plea  of  guilty  on  a  charge 
of   a   misdemeanor   under   either   section   two   hundred   and   seventy 


§  270e  PENAL   CODE.  116 

or  two  liuiKlrcd  ;in(l  sovciity  a,  of  this  oo(l(%  and  before  trial  or  sen- 
tciiiH',  if  tlio  dcfenilant  shall  appear  before  the  court  and  enter  into 
an  undertaking  with  sufficient  sureties  to  the  people  of  the  state 
of  California  in  such  penal  sum  as  the  court  may  fix,  to  be  approved 
by  the  court,  and  conditioned  that  the  defendant  will  furnish  said 
minor  child  or  wife  as  the  case  may  be,  with  necessary  food,  cloth- 
ing, shelter  or  medical  attendance,  then  the  court  may  suspend  pro- 
ceedings or  sentence  therein;  and  said  undertaking  is  valid  and 
binding  for  six  months;  and  upon  the  failure  of  defendant  to  com- 
ply with  said  undertaking,  he  may  be  ordered  to  appear  before  the 
court  and  show  cause  why  further  proceedings  should  not  be  had 
in  said  action  or  sentence  should  not  be  imposed,  whereupon  the 
court  may  proceed  with  said  action,  or  pass  sentence,  or  for  good 
cause  shown  may  modify  the  order  and  take  a  new  undertaking  and 
further  suspend  proceedings,  or  sentence  for  a  like  period." 
2.  Amended  by  Stats.  1909,  p.  259. 

§  270c.  Adult  child,  duty  of,  to  provide  for  indigent  par- 
ents. Every  adult  child,  -who  having  the  ability  so  to  do, 
fails  to  provide  necessary  food,  clothing,  shelter,  or  medical 
attendance  for  an  indigent  parent,  is  guilty  of  a  misde- 
meanor. 

Legislation  §  270c.     Added  by  Stats.  1909,  p.  166. 

§  270d.  Fine  may  be  paid  to  wife  of  defendant.  In  any 
case  where  there  is  a  conviction  and  sentence  under  the  pro- 
visions of  either  section  270  or  section  270a,  of  this  code, 
should  a  fine  be  imposed,  such  fine  may  be  directed  by  the 
court  to  be  paid  in  whole  or  in  part  to  the  wife  of  the  de- 
fendant or  guardian  or  custodian  of  the  child  or  children  of 
such  defendant. 

Legislation  §  270d.     Added  by  Stats.  1911,  p.  687. 

§  270e.  Proof  of  marriage,  etc.  Confidential  communica- 
tions. Proof  of  abandonment.  No  other  evidence  shall  be 
required  to  prove  marriage  of  husband  and  wife,  or  that  a 
person  is  the  lawful  father  or  mother  of  a  child  or  children, 
than  is  or  shall  be  required  to  prove  such  facts  in  a  civil 
action.  In  all  prosecutions  under  either  section  270  or  270a 
of  this  code  any  existing  provisions  of  law  prohibiting  the 
disclosure  of  confidential  communications  between  husband 
and  wife  shall  not  apply,  and  both  husband  and  wife  shall 
be  competent  to  testify  to  any  and  all  relevant  matters,  in- 
cluding the  fact  of  marriage  and  the  parentage  of  a  child  or 
children.  Proof  of  the  abandonment  and  nonsupport  of  a 
wife,  or  of  the  omission  to  furnish  necessary  food,  clothing, 
shelter,  or  of  medical  attendance  for  a  child  or  children  is 
prima  facie  evidence  that  such  abandonment  and  nonsupport 
or  omission  to  furnish  necessary  food,  clothing,  shelter  or 
medical  attendance  is  willful. 

Legislation  §  270e.     Added  by  Stats.  1911,  p.  6Sb\ 


117  ABANDONMENT  AND   NEGLECT  OF  CHILDREN.  §  272 

§  271.  Desertion  of  minor.  Every  parent  of  any  child 
under  the  age  of  fourteen  years,  and  every  person  to  whom 
any  such  child  has  been  confided  for  nurture,  or  education, 
who  deserts  such  child  in  any  place  whatever  with  intent 
wholly  to  abandon  it,  is  punishable  by  imprisonment  in  the 
state  prison  or  in  the  county  jail  not  exceeding  one  year 
or  by  fine  not  exceeding  five  hundred  dollars,  or  by  both. 
[Amendment  approved  1909;  Stats.  1909,  p.  297.] 

Legislation  §  271.  1.  Enacted  February  14,  1872  (identical  with 
Field's  Draft,  §  332,  N.  Y.  Pen.  Code,  §  287),  and  then  read:  "Every 
parent  of  any  child  under  the  age  of  six  years,  and  every  person 
to  -whom  any  such  child  has  been  confided  for  nurture  or  education, 
who  deserts  such  child  in  any  place  whatever,  with  intent  wholly 
to  abandon  it,  is  punishable  by  imprisonment  in  the  state  prison 
not  exceeding  seven  years,  or  in  a  county  jail  not  exceeding  one 
year." 

2.  Amended  by  Stats.  1909,  p.  297. 

§  271a.  Maintenance  of  minor.  Every  person  who  know- 
ingly and  willfully  abandons,  or  who,  having  ability  so  to 
do,  fails  or  refuses  to  maintain  his  or  her  minor  child  under 
the  age  of  fourteen  years,  or  who  falsely,  knowing  the  same 
to  be  false,  represents  to  any  manager,  officer  or  agent  of 
any  orphan  asylum  or  charitable  institution  for  the  care  of 
orphans,  that  any  child  for  whose  admission  into  such 
asylum  or  institution  application  has  been  made  is  an 
orphan,  is  punishable  by  imprisonment  in  the  state  prison, 
or  in  the  county  jail  not  exceeding  one  year,  or  by  fine  not 
exceeding  five  hundred  dollars,  or  by  both.  [Amendment 
approved  1909;  Stats.  1909,  p.  297.] 

Legislation  §  271a.  1.  Addition  by  Stats.  1901,  p.  449;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  758,  the  section  then  ending  with  the 
words  "application  is  made  is  an  orphan,  is  guilty  of  a  misde- 
meanor," instead  of  "application  has  been  made,"  etc.,  as  in  the 
amendment  of  1909;  the  code  commissioner  saying,  "The  penal  sec- 
tion of  the  statute  of  1873-74,  relating  to  the  care  of  orphan  and 
abandoned  children,  is  codified  in  this  section." 

3.  Amended  by  Stats.  1909,  p.  297. 

§  272.     Person  selling,  apprenticing,  etc.,  children.     Any 

person,  whether  as  parent,  relative,  guardian,  employer,  or 
otherwise,  having  the  care,  custody,  or  control  of  any  child 
under  the  age  of  sixteen  years,  who  exhibits,  uses,  or  em- 
ploys, or  in  any  manner,  or  under  any  pretense,  sells, 
apprentices,  gives  aw^ay,  lets  out,  or  disposes  of  any  such 
child  to  any  person,  under  any  name,  title,  or  pretense,  for 
or  in  any  business,  exhibition,  or  vocation,  injurious  to  the 
health  or  dangerous  to  the  life  or  limb  of  such  child,  or  in 
or  for  the  vocation,  occupation,  service,  or  purpose  of  sing 


§  273  .PENAL   CODE.  118 

iiiy,  ])l;iyin,u  on  imisir-al  iiistruineiits,  rope  or  wire  walking, 
daiu'inii',  Ijeiigiiig,  or  petldliiiii',  or  as  a  <;y)iinast,  acrobat, 
contortionist,  or  rider,  in  any  place  wiiatsoever,  or  for  or  in 
any  obscene,  indecent  or  immoral  purposes,  exhibition,  or 
practice  Avhatsocver,  or  for  or  in  any  mendicant  or  wander- 
ing business  whatsoever,  or  who  causes,  procures,  or  encour- 
ages such  child  to  engage  therein,  is  guilty  of  a  misde- 
meanor, and  punishable  by  a  fine  of  not  less  than  fifty  nor 
more  than  two  hiuulred  and  fifty  dollars,  or  by  imprison- 
ment in  the  county  jail  for  a  term  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment.  Nothing  in  this 
section  contained  applies  to  or  affects  the  emploj'^ment  or  use 
of  any  such  child,  as  a  singer  or  musician  in  any  church, 
school,  or  academy,  or  the  teaching  or  learning  of  the  science 
or  practice  of  music ;  or  the  employment  of  any  child  as  a 
musician  at  any  concert  or  other  nuisical  entertainment,  on 
the  Avritten  consent  of  the  mayor  of  the  city  or  president 
of  the  board  of  trustees  of  the  city  or  town  where  such  con- 
cert or  entertainment  takes  place.  [Amendment  approved 
1905;  Stats.  1905,  p.  759.] 

Legislation  §  272,  1.  Added  by  Code  Amdts.  1875-76,  p.  110,  and 
then  reud:  "Any  person,  whether  as  parent,  relative,  guardian,  em- 
ployer, or  otherwise,  having  in  his  care,  custody,  or  control  any 
child  under  the  age  of  sixteen  years,  who  shall  sell,  apprentice,  give 
away,  let  out,  or  otherwise  dispose  of  any  such  child  to  any  person, 
under  any  name,  title,  or  pretense,  for  the  vocation,  use,  occupation, 
calling,  service,  or  purpose  of  singing,  plaj'ing  on  nuisical  instru- 
ments, rope-walking,  dancing,  begging,  or  peddling,  in  any  public 
street  or  highway,  or  in  any  mendicant  or  wandering  business  what- 
soever; and  any  person  who  shall  take,  receive,  hire,  employ,  use, 
or  have  in  custody  any  child  for  such  purposes,  or  either  of  them, 
is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  449;  unconstitutional.  See  note, 
§  5,  ante. 

3,  Amended  by  Stats.  1905,  p.  7-59;  the  code  commissioner  saying 
in  his  note  to  §§"^272,  273,  273a,  273b,  273c,  273d,  "The  two  statutes, 
one  of  1877-78,  p.  812,  and  the  other  of  1877-78,  p.  813,  relating  to 
children,  are  coditied  bv  an  amendment  to  §  272  and  by  the  addition 
of  §§  273,  273a,  273b,  273c,  and  273d." 

§  273.     Person    receiving',    hiring,    etc.,    children.     Every 

person  who  takes,  receives,  hires,  employs,  uses,  exhibits, 
or  has  in  custody,  any  child  under  the  age,  and  for  any  of 
the  purposes  mentioned  in  the  preceding  section,  is  guilty 
of  a  like  offense,  and  punishable  by  a  like  punishment  as 
therein  provided. 

Legislation  §  273.  1.  Addition  by  Stats.  1901,  p.  4;'J0;  unconsti- 
tutional.    See  note,  §  5,  ante, 

2.  Added  by  Stats.  1905,  p.  759  (approved  March  22,  1905).  See 
ante,  Legislation  §  272,  for  code  commissioner's  note.  At  the  same 
session  of  the  legislature  in  1905    another  section  numbered  273  was 


119  ABANDONMENT  AND  NEGLECT  OF  CHILDREN.  §  273d 

enacted    (Stats.   1905,  p.  74;   approved  Mtu'ch  7,   1905),  the  present 
§  273f,  q.  v.,  infra. 

§  273a.     Unjustifiable  punishment  causing  child  to  suffer. 

Any  person  who  willfully  causes  or  permits  any  child  to 
suffer,  or  who  intiiets  thereon  unjustifiable  physical  pain  or 
mental  suffering-,  and  Avhoever,  having  the  care  or  custody 
of  an}'  child,  causes  or  permits  the  life  or  limb  of  such  child 
to  be  endangered,  or  the  health  of  such  child  to  be  injured, 
and  any  person  who  willfully  causes  or  permits  such  child 
to  be  placed  in  such  situation  that  its  life  or  limb  may  be 
endangered,  or  its  health  likely  to  be  injured,  is  guilty  of  a 
misdemeanor. 

Legislation  §  273a.     1.  Addition  by  Stats.  1901,  p.  450;   unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  759.     See  ante.  Legislation  §  272,  for 
code  commissioner's  note. 

§  273b.  Child  not  to  be  confined.  No  child  under  the  age 
of  sixteen  years  must  be  placed  in  any  prison,  or  place  of 
confinement,  or  in  any  courtroom,  or  in  any  vehicle  for  trans- 
portation to  any  place,  in  company  with  adults  charged  with 
or  convicted  of  crime,  except  in  the  presence  of  a  proper 
official. 

Legislation  §  273b.     1.  Addition  by  Stats.  1901,  p.  450;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  760.     See  ante.  Legislation  §  272,  for 
code  commissioner's  note. 

§  273c.  Fines,  how  appropriated.  All  fines,  penalties,  and 
forfeitures  imposed  and  collected  under  the  provisions  of 
the  five  preceding  sections,  or  under  the  provisions  of  any 
law  relating  to,  or  affecting,  children,  in  every  case  where 
the  prosecution  is  instituted  or  conducted  by  a  society  incor- 
porated under  the  laws  of  this  state  for  the  prevention  of 
cruelty  to  children,  inure  to  such  society  in  aid  of  the  pur- 
poses for  which  it  is  incorporated. 

Legislation  §  273c.     1.  Addition  by  Stats.  1901,  p.   451;   unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  760.     See  ante,  Legislation  §  272,  for 
code  commissioner's  note. 

§  273d.     Court  may  commit  child  to  charitable  institution. 

When,  upon  examination  before  a  court  or  magistrate,  it 
appears  that  any  child  under  the  age  of  sixteen  years  has 
been  found  begging,  whether  actually  begging  or  under  the 
pretext  of  selling  anything,  or  wandering  and  not  having 
any  settled  place  of  abode,  or  proper  guardianship,  or  visible 
means  of  subsistence;  or  destitute,  or  frequenting  the  com- 
pany of  reputed  thieves,  or  prostitutes  or  houses  of  prostitu- 


§  2731'  PENAI.    CODE.  120 

tioii  or  assij^nation,  (lance-houses,  concert-saloons,  theaters, 
or  places  where  spirituous  li(|uors  are  sold;  or  engaged  in 
any  business,  exliibition,  or  vocation  mentioned  in  section 
two  hundred  and  seventy-two;  or  in  the  custody  of  any  per- 
son convicted  of  a  criminal  assault  upon  it ;  the  court  or 
magistrate  may,  when  it  deems  it  expedient  for  the  welfare 
of  such  child,  commit  it  to  an  orphan  asylum,  society  for 
the  prevention  of  cruelty  to  cliildi'on,  or  other  charitable 
institution,  or  make  such  other  disposition  thereof  as  now 
is  or  may  hereafter  be  provided  by  law  in  cases  of  vagrant, 
truant,  disorderly,  pauper,  or  destitute  children. 

Legislation  §  273d.  1.  Addition  by  Stats.  1901,  p.  451;  unconsti- 
tutional.    See  note,  §  o,  ante. 

2.  Added  by  Stats.  1905,  p.  760.  Sec  ante.  Legislation  §  272,  for 
code  commissioner's  note. 

§  273e.  Minor  not  to  deliver  messages,  etc.,  to  certain 
places.  Every  telci)hone,  si)ecial  delivery  company  or  asso- 
ciation, and  every  other  corporation  or  person  engaged  in 
the  delivery  of  packages,  letters,  notes,  messages,  or  other 
matter,  and  every  manager,  superintendent,  or  other  agent 
of  such  person,  corporation,  or  association,  who  sends  any 
minor  in  the  employ  or  under  the  control  of  any  such  person, 
corporation,  association,  or  agent,  to  the  keeper  of  any  house 
of  prostitution,  variety  theater,  or  other  place  of  question- 
able repute,  or  to  any  person  connected  with,  or  any  inmate 
of,  such  house,  theater,  or  other  place,  or  who  permits  such 
minor  to  enter  such  house,  theater,  or  other  place,  is  guilty 
of  a  misdemeanor. 

Legislation  §  273e.  1.  Addition  by  Stats.  1901,  p.  4.j1;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  760;  the  code  commissioner  saying, 
"The  matter  in  §  1389,  which  incorrectly  stands  in  a  chapter  entitled 
'Dismissal  of  the  Action,'  is  put  into  a  new  section  designated  as 
273e  in  the  proper  chapter,  with  the  other  sections  relative  to  chil- 
dren, and  §  1389  accordingly  repealed." 

§  273f.  Sending  children  to  immoral  places.  Any  per- 
son, wdiether  as  parent,  guardian,  employer,  or  otherwise, 
and  any  firm  or  corporation,  who  as  employer  or  otherwise, 
shall  send,  direct,  or  cause  to  be  sent  or  directed  to  any 
saloon,  gambling-house,  house  of  prostitution,  or  other  im- 
moral place,  any  minor  under  the  age  of  eighteen,  is  guilty 
of  a  misdemeanor. 

Legislation  §  273f.  1.  Added  by  Stats.  1905,  p.  74,  as  §  273  (ap- 
proved March  7,  1905),  and  then  had  the  words  "eighteen  years" 
instead  of  "eighteen,"  as  in  the  present  section. 

2.  Eepealed  by  Stats.  1907,  p.  565,  and  added  as  a  nev^^  section 
numbered  273f;  the  code  commissioner  saying,  "As  by  the  above 
codification  of  §  273  in  1905,  there  came  to  be  in  the  Penal  Code  two 


121  ABORTIONS.  §  274 

sections  of  that  number,  the  defect  was  remedied  in  1UU7  by  repeal- 
ing §  273,  as  approved  Marcli  7,  190^,  an<l  re-enacting  it  as  273f." 
See  ante.  Legislation  §  273. 

§  273g\     Immoral  practices  in  presence  of  children.     Any 

person  who  in  the  presence  of  any  child  indulges  in  any  de- 
f^rading,  lewd,  immoral  or  vicious  habits  or  practices,  or  who 
is  habitually  drunk  in  the  presence  of  any  child  in  his  care, 
custody  or  control,  is  guilty  of  a  misdemeanor. 
Legislation  §  273g.     Added  by  Stats.  1907,  p.  7.56. 

§  273h.  Person  convicted  may  be  compelled  to  work  on 
roads.  Payment  made  to  wife,  etc.  In  all  prosecutions 
under  the  provisions  of  either  section  270  or  section  270a, 
or  section  270b,  or  section  271,  or  section  271a  of  this  code 
where  a  conviction  is  had  and  sentence  of  imprisonment 
in  the  county  jail  is  imposed,  the  court  may  direct  that  the 
person  so  convicted  shall  be  compelled  to  work  upon  the 
public  roads  or  highways,  or  any  other  public  work,  in  the 
count}^  where  such  conviction  is  had,  during  the  term  of  such 
sentence.  And  it  shall  be  the  duty  of  the  board  of  super- 
visors of  the  county  where  such  conviction  and  sentence 
are  had,  and  where  such  work  is  performed  by  a  person 
under  sentence  to  the  county  jail,  to  allow  and  order  the 
payment  out  of  any  fund  available  to  the  wife,  or  to  the 
guardian,  or  to  the  custodian  of  a  child  or  children,  or  to 
an  organization,  or  to  an  individual  appointed  by  the  court 
as  trustee,  at  the  end  of  each  calendar  month,  for  the  sup- 
port of  such  wife,  child  or  children,  a  sum  not  to  exceed 
one  and  fifty  one-hundredths  dollars  for  each  day's  work 
of  such  person. 

Legislation  §  2731i.     Added  by  Stats.  1911,  p.  688. 

CHAPTER  III. 

Abortions. 

§  274.     Administering  drugs,  etc.,  with  intent  to  produce  miscarriage. 
§  27n.     Submitting  to  an  attempt  to  produce  miscarriage. 

§  274.  Administering-  drugs,  etc.,  with  intent  to  produce 
miscarriage.  Every  person  who  provides,  supplies,  or  ad- 
ministers to  any  pregnant  woman,  or  procures  any  such 
woman  to  take  any  medicine,  drug,  or  substance,  or  uses 
or  employs  any  instrument  or  other  means  whatever,  with 
intent  thereby  to  procure  the  miscarriage  of  such  woman, 
unless  the  same  is  necessary  to  preserve  her  life,  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  two 
nor  more  than  five  years. 


§  278  PENAL   CODE.  122 

Legislation  §  274.  Kiiactcd  Fi-hnmn-  H,  1872.  (Field's  Draft, 
§  ;5;{4,  N.  Y.  Pen.  (Joilo,  §  201.)  Hoc  post,  Lorrisliitioii  §  '27'),  for  code 
commissioners'  note. 

§  275.  Submitting  to  an  attempt  to  produce  miscarriage. 
Every  Avonian  Avho  solicits  of  any  person  any  medicine. 
drug,  or  substance  whatever,  and  takes  the  same,  or  who 
submits  to  any  operation,  or  to  the  use  of  any  means  what- 
ever, with  intent  thereby  to  procure  a  miscarriage,  unless 
the  same  is  necessary  to  preserve  her  life,  is  punishable  by 
imprisonment  in  the  state  prison  not  less  than  one  nor 
more  than  five  years. 

Legislation  §  275.     Enacted    February    14,    1872.     (Field's    Draft, 

§  33."),  N.  Y.  Pen.  Code,  §  295.)      The  code  commissioners  say:   "The 

two  preceding  sections  are  based  upon  statute  of  1861,  p.  588,  §  1. 

Modifications  have  been  made  in  the  language.  .  .  ." 

CHAPTER  IV. 

Chnd-stealing. 

§  278.     Definition  and  punishment  of  child-stealing. 

§  278.     Definition     and     punishment     of     child-stealing. 

Every   person   who    maliciously,    forcibly,    or    fraudulently 

takes  or  entices  away  any  minor  child  with  intent  to  detain 

and  conceal  such  child  from  its  parent,  guardian,  or  other 

person  having  the  lawful  charge  of  such  child,  is  punishable 

by  imprisonment  in  the  state  prison  not  exceeding  twenty 

years.     [Amendment  approved  1901;  Stats.  1901,  p.  269.] 

Legislation  §  278.     1.  Enacted  February  14,  1872  (based  on  Field's 

Draft,  §  337,  N.  Y.  Pen.  Code,  §  337;  Crimes  and  Punishment  Act,  as 

amended   and   supplemented  by   Stats.   1856,  p.   131,  §  2),   and   then 

read:  "Every  person  who  maliciously,  forcibly,  or  fraudulently  takes 

or  entices  away  any  child  under  the  age  of  twelve  years,  with  intent 

to  detain  and  conceal  such  child  from  its  parent,  guardian,  or  other 

person    having  the   lawful   charge   of   such   child,   is   punishable   by 

imprisonment   in   the   state   prison   not   exceeding   ten  years,   or  by 

imprisonment  in  a  county  jail  not  exceeding  one  year,  and  a  fine  not 

exceeding  five  hundred  dollars." 

2.  Amended  by  Stats.  1901,  p.  269. 

CHAPTER  V. 

Bigamy,  Incest,  and  the  Crime  against  Nature. 

§  281.  Bigamy  defined. 

§  282.  Exceptions. 

§  283.  Punishment   of  bigamy. 

§  284.  Marrying  a  husband   or   wife   of   another.     Punishment. 

§  285.  Incest. 

§  286.  Crime  against  nature. 

§  287.  Penetration  sufficient  to  complete   the   crime. 

§  288.  Crimes  against  children,  a  felony. 

§  288a.  Fellatio   and   cunnilingus  felonies. 


123  BIGAMY^  INCEST,  CRIMES  AGAINST  NATURE.  §  283 

§281.  Bigamy  defined.  Every  person  having  a  liusbaiul 
or  wife  living,  who  marries  any  other  person,  exeept  in  the 
cases  specified  in  the  next  section,  is  guilty  of  bigamy. 

Marriage  is  a  civil  contract,  and  must  be  followed  by  solemniza- 
tion:  8oe  Civ.  Code,  §  5o. 

Legislation  §  281.  Enacted  February  14,  1872  (Field's  Draft, 
§  33S,  N.  Y.  Pen.  Code,  §  298);  based  on  Crimes  and  Punishment  Act, 
Stats.  1850,  p.  244,  §  121,  which  read:  "§  121.  Bigamy  consists  in 
the  having  of  two  wives  or  two  husbands  at  one  and  the  same  time, 
knowing  that  tlie  former  husband  or  wife  is  still  alive.  If  any  per- 
son or  persons  within  this  state,  being  married,  or  who  shall  here- 
after marry,  do  at  any  time  marry  any  person  or  persons,  the  former 
husband  or  wife  being  alive,  the  person  so  offending  shall,  on  con- 
viction thereof,  be  punished  by  fine  not  exceeding  one  thousand  dol- 
lars, and  be  imprisoned  in  the  county  jail  not  more  than  two  years. 
It  shall  not  be  necessary  to  prove  either  of  the  said  marriages  by 
the  register  or  certificate  thereof,  or  other  record  evidence,  but  the 
same  may  be  proved  by  such  evidence  as  is  admissible  to  prove  a 
marriage  in  other  cases,  and  when  such  second  marriage  shall  have 
taken  place  without  this  state,  cohabitation  in  this  state,  after  such 
second  marriage,  shall  be  deemed  the  commission  of  the  crime  of 
bigamy.  Nothing  herein  contained  shall  extend  to  any  person  or 
persons  whose  husband  or  wife  shall  have  been  continually  absent 
from  such  person  or  persons  for  the  space  of  five  years  together, 
prior  to  the  said  second  marriage,  and  he  or  she  not  knowing  such 
husband  or  wife  to  be  living  within  that  time.  Also,  nothing  herein 
contained  shall  extend  to  any  person  that  is.  or  shall  be  at  the  time 
of  such  second  marriage,  divorced  by  lawful  authority  from  the 
bonds  of  such  former  marriage,  or  to  any  person  where  the  former 
marriage  hath  been,  by  lawful  authority,  declared  void." 

§  282.     Exceptions.     The  last  section  does  not  extend — 

1.  To  any  person  by  reason  of  any  former  marriage, 
whose  husband  or  Avife  by  such  marriage  has  been  absent 
for  five  successive  years  without  being  known  to  such  person 
Avithin  that  time  to  be  living ;  nor, 

2.  To  any  person  by  reason  of  any  former  marriage  Avhicli 
has  been  pronounced  void,  annulled,  or  dissolved  by  the 
judgment  of  a  competent  court. 

Legislation  §  282.  Enacted  February  14,  1872.  (Field's  Draft, 
§  339,  jST.  Y.  Pen.  Code,  §  299.)  The  code  commissioners  say:  "Subd. 
2  of  the  preceding  section  is  substantially  part  of  §  121  of  tlie  Crimes 
and  Punishment  Act  as  amended.  (Stats.  1861,  p.  415.)  The  two 
preceding  sections  are  based  on  the  statute  referred  to.  Modifica- 
tions have  been  made  in  the  language.  .  .  ." 

§  283.  Punishment  of  bigamy.  Bigamy  is  punishable  by 
a  fine  not  exceeding  five  thousand  dollars  and  by  imprison- 
ment in  the  state  prison  not  exceeding  ten  years.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  245.] 

Legislation  §  283.  1.  Enacted  February  14,  1872  (based  on  Crimes 
and  Punishment  Act,  §  121,  as  amended  by  Stats.  1861,  p.  415,  §  1), 
and  then  read:    "Bigamy  is  punishable  by  fine   not   exceeding  two 


§  287  PENAL   CODE,  124 

thousand   dollars   and   \>y   iin|>ri.soiiiiu'iil    in   tho  state  prison    not    ox- 
coe<ling  three  years." 

2,  Amended  by  Stats.  1905,  p.  12 1.!. 

§  284.  Marrying'  a  husband  or  wife  of  another.  Punish- 
ment. JMory  ix'i'sou  who  Iciiowiiigiy  and  will  fully  marries 
the  husband  or  wife  of  another,  in  any  case  in  which  such 
husband  or  Avife  would  be  punishable  under  the  provisions 
of  this  chapter,  is  punishable  by  fine  not  less  than  five  thou- 
sand dollars,  or  by  imprisonment  in  the  state  prison  not  ex- 
ceeding ten  years.  [Amendment  approved  1905 ;  Stats. 
1905,  p.  245.] 

Legislation  §  281.     1.  Enacted  February  14,  1872;  based  on  Field's 

Draft,  §  341,   N.   Y.   Pen.   Code,  §301;    Crimes   and   Punishment  Act, 

§  122,  as  amended  by  Stats.  1861,  p.  41.5,  §  2. 
2.  Amended  by  Stats.  1905,  p.  245,  (1)  substituting  "five  thousand 

dollars"  for  ''two  thousand  dollars,"  and  (2)  ''ten  years"  for  "three 

years." 

§  285.  Incest.  Persons  being  within  the  degrees  of  con- 
sanguinity within  which  marriages  are  declared  by  la^v  to 
be  incestuous  and  void,  who  intermarry  with  each  other, 
or  Avho  commit  fornication  or  adultery  with  each  other,  are 
punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing ten  years. 

Incestuous  marriages:   See  Civ.   Code,  §  59. 

Person    solemnizing    incestuous    marriage,    how    punished:    Post, 

§  359. 

Legislation  §  285.  Enacted  February  14,  1872  (Field's  Draft, 
§  342,  N.  Y.  Pen.  Code,  §  302);  based  on  Crimes  and  Punishment  Act, 
Stats.  1850,  p.  244,  §  123,  which  read:  "§  123.  Persons  being  within 
the  degrees  of  consanguinity,  within  which  marriages  are  declared 
by  law  to  be  incestuous  and  void,  who  shall  intermarry  with  each 
other,  or  who  shall  commit  fornication  or  adultery  with  each  other, 
shall,  on  conviction,  be  punished  by  imprisonment  in  the  state  prison 
not   exceeding  ten  years." 

§  286.  Crime  against  nature.  Every  person  Avho  is  guilty 
of  the  infamous  crime  against  nature,  committed  with  man- 
kind or  wnth  any  animal,  is  punishable  by  imprisonment  in 
the  state  prison  not  less  than  five  years. 

Assault  to  commit  crime  against  nature:  See  ante,  §  220. 
Legislation  §  286.  Enacted  February  14,  1872  (Field's  Draft,  §  343, 
N.  Y.  Pen.  Code,  §  303);  based  on  Crimes  and  Punishment  Act,  Stats. 
1850,  p.  234,  §  48,  w-hich  read:  "§  48.  The  infamous  crime  against 
nature,  either  with  man  or  beast,  shall  subject  the  offender  to  be 
punished  by  imprisonment  in  the  state  prison  for  a  term  not  less 
than  five  j'ears,  and  which  may  extend  to  life." 

§  287.     Penetration  sufficient  to  complete  the  crime.     Any 

sexual  penetration,  however  slight,  is  sufficient  to  complete 
the  crime  against  nature. 


125  VIOLATING  SEPULTURE  AND  REMAINS  OF  DEAD.  §  291 

Legislation  §  287.  Enacted  Pebruaiy  14,  1872;  identical  with 
Field's  Draft,  §34^  N.  Y.  Pen.  Code,  §304;  Crim.  Prac.  Act,  Stats. 
1851,  p.  252,  §  374,  reading,  "§  374.  Proof  of  actual  penetration  into 
the  body  is  sufficient  to  sustain  an  indictment  for  rape  or  for  the 
crime  against  nature." 

§  288.  Crimes  against  children,  a  felony.  Any  person 
who  shall  Avilli'ully  and  lewdly  commit  any  lewd  or 
lascivious  act  other  than  the  acts  constituting  other  crimes 
provided  for  in  part  two  of  this  code  upon  or  with  the  body, 
or  any  part  or  member  thereof,  of  a  child  under  the  age 
of  fourteen  years,  with  the  intent  of  arousing,  appealing  to, 
or  gratifying  the  lust  or  passions  or  sexual  desires  of  such 
person  or  of  such  child,  shall  be  guilty  of  a  felony  and  shall 
be  imprisoned  in  the  state  prison  not  less  than  one  year. 
Legislation  §  288.     Added  by  Stats.  1901,  p.  630. 

§  288a.  Fellatio  and  cunnilingus  felonies.  The  acts 
technically  known  as  fellatio  and  cunnilingus  are  hereby 
declared  to  be  felonies  and  any  person  convicted  of  the 
commission  of  either  thereof  shall  be  punished  by  imprison- 
ment in  the  state  prison  for  not  more  than  fifteen  years. 
Legislation  §  288a.     Added  by  Stats.  1915,    p.  1022. 

CHAPTER  VI. 

Violating  Sepulture  and  the  Remains  of  the  Dead. 

§  290.  Unlawful  mutilation  or  removal  of  dead  bodie^s.     Not  to  apply 

to  certain  persons. 

§  291.  Unlawful  removal  of  dead  body  from  grave  for  dissection,  etc. 

§  292.  Who  are  charged  with  the  duty  of  burial. 

§  293.  Punishment   for    omitting    to    bury. 

§  294.  Who  are  entitled  to  custody   of  a  body. 

§  295.  Arresting  or  attaching  a  dead  body. 

§  296.  Defacing  tombs  and  monuments. 

§  297.  Interring  remains  in   city,  etc.,  limits. 

§  290.  Unlawful  mutilation  or  removal  of  dead  bodies. 
Not  to  apply  to  certain  persons.  Every  person  who  mu- 
tilates, disinters,  or  removes  from  the  place  of  sepulture  the 
dead  body  of  a  human  being  without  authority  of  law,  is 
guilty  of  felony.  But  the  provisions  of  this  section  do 
not  apply  to  any  person  who  removes  the  dead  body  of  a 
relative  or  friend  for  reinterment. 

Bodies  not  to  be  removed  without  permit:  Pol.  Code,  §  3027. 
Act  to  prevent  disinterring  dead  bodies:  See  post.  Appendix,  tit. 
"Public   Health." 

Legislation  §  290.  Enacted  February  14,  1872;  based  on  Stats. 
1854,  Kerr  ed.,  y.  6,  Eedding  ed.,  p.  20,  §  1. 

§  291.  Unlav/ful  removal  of  dead  body  from  grave  for 
dissection,  etc.     Every  person  who  removes  any  part  of  the 


§  294  PENAL   CODE.  126 

(load  body  of  ;i  Iniiiiau  bciiiji,'  from  any  f^^i'avo  oi'  other  ])lacc 
wliore  tlic  same  lias  l)ooii  hiii'ied,  or  JVom  any  ])laco  wlicrc 
tlio  same  is  deposited  wliile  a"\vailiiig  1)urial,  Avith  intent  to 
sell  the  same  or  to  disseet  it,  witlioiit  authority  of  law,  or 
rrom  malice  or  Avantouness,  is  punisha1)lc  by  imprisonment 
in  the  state  prison  not  exceeding  five  years. 

Legislation  §  291.  Enacted  February  14,  1872;  bused  on  Field's 
Draft,  §  355,  N.  Y.  Pen.  Code,  §  311. 

§  292.     Who  are  charged  with  the  duty  of  burial.     The 

duty  of  ])urying  the  body  of  a  deceased  person  devolves 
upon  the  persons  hereinafter  specified : 

1.  If  the  deceased  was  a  married  Avoman,  the  duty  of 
burial  devolves  upon  her  husband ; 

2.  If  the  deceased  Avas  not  a  married  AA^oman,  but  left  any 
kindred,  the  duty  of  burial  dcA^olves  upon  the  person  or 
persons  in  the  same  degree  nearest  of  kin  to  the  deceased, 
being  of  adult  age,  and  Avithin  this  state,  and  possessed  of 
suf^eient  means  to  defray  the  necessary  expenses ; 

3.  If  the  deceased  left  no  husband  nor  kindred  answering 
the  foregoing  description,  the  duty  of  burial  devolves  upon 
the  coroner  coiiducting  an  inquest  upon  the  body  of  the  de- 
ceased, if  any  such  inquest  is  held ;  if  there  is  none,  then 
upon  the  persons  charged  with  the  support  of  the  poor  in 
the  locality  in  Avhich  the  death  occurs ; 

4.  In  case  the  person  upon  Avhom  the  duty  of  burial  is 
cast  by  the  foregoing  proAdsions  omits  to  make  such  burial 
Avithin  a  reasonable  time,  the  duty  devolves  upon  the  person 
next  specified;  and  if  all  omit  to  act,  it  dcA^olves  upon  the 
tenant;  or  if  there  is  no  tenant,  upon  the  OAvner  of  the 
premises  or  master ;  or  if  there  is  no  master,  upon  the  OAvner 
of  the  vessel  in  AAdiich  the  death  occurs  or  the  body  is  found. 

Legislation  §  292.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  352,  the  only  changes  being  grammatical,  not 
affecting  the  sense. 

§  293.  Punishment  for  omitting-  to  bury.  Every  person 
upon  Avhom  the  duty  of  making  burial  of  the  remains  of  a 
deceased  person  is  imposed  ])y  laAv,  Avho  omits  to  perform 
that  duty  AAnthin  a  reasonable  time,  is  guilty  of  a  misde- 
meanor; and,  in  addition  to  the  punishment  prescribed 
therefor,  is  liable  to  pay  to  the  person  performing  the  duty 
in  his  stead  treble  the  expenses  incurred  by  the  latter  in 
making  the  burial,  to  be  recoA'^ered  in  a  civil  action. 

Leeislation  §  293.     Enacted    Febninry    14,    1872;     identical    with 

Field's  Draft,  §  353. 

§  294.  Who  are  entitled  to  custody  of  a  body.  The  per- 
son charged  by  laAV  with  the  duty  of  burying  the  body  of  a 


127  VIOLATING  SEPULTURE  AND  REMAINS  OP  DEAD.  §  297 

deceased  person  is  entitled  to  tlie  custody  of  such  ])ody  for 
the  purpose  of  burying  it ;  except  that  in  the  case  in  Avhich 
an  inquest  is  required  by  laAv  to  be  hekl  upon  a  dead  body 
by  a  coroner,  such  coroner  is  entitled  to  its  custody  until 
such  inquest  has  been  completed. 

Legislation  §  294.     Enacted   Febrnary    14,   1872;    almost   identical 

with  Field's  Draft,  §  354,  the  only  alteration  made  being  to  change 

"cases"  to  "ease." 

§  295.  Arresting'  or  attaching  a  dead  body.  Every  person 
who  arrests  or  attaches  any  dead  body  of  a  human  being, 
upon  any  debt  or  demand  whatever,  or  detains  or  claims 
to  detain  it  for  any  debt  or  demand,  or  upon  any  pretended 
lien  or  charge,  is  guilty  of  a  misdemeanor. 

Legislation  §  295.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  359,  N.  Y.  Pen.  Code,  §  314.  The  code  commissioners 
say:  "From  the  following  newspaper  extract  it  would  seem  that  the 
provisions  of  the  four  preceding  sections,  which  are  taken  from  the 
New  York  Penal  Code  [Field's  Draft]  (§§  352,  353,  354,  359),  are 
not  entirely  unnecessary,  even  in  this  enlightened  age:  'A  Chinaman, 
arrested  some  days  since  for  dumping  the  dead  bodies  of  his  coun- 
trywomen on  the  streets,  instead  of  burying  them,  pleaded  guilty  to 
the  offense  against  the  common  law.' — Sacramento  Union,  October 
11,  1870." 

§  296.  Defacing  tombs  and  monuments.  Every  person 
who  willfully  and  maliciously  defaces,  breaks,  destroys,  or 
removes  any  tomb,  monument,  or  gravestone,  erected  to 
any  deceased  person,  or  any  memento  or  memorial,  or  any 
ornamental  plant,  tree,  or  shrub,  appertaining  to  the  place 
of  burial  of  a  human  being,  or  who  shall  mark,  deface,  in- 
jure, destroy,  or  remove  any  fence,  post,  rail,  or  wall  of 
any  cemetery  or  graveyard,  is  guilty  of  a  misdemeanor. 

Legislation  §  296.  Enacted  February  14,  1872.  (Field's  Draft, 
§  361.)  The  code  commissioners  say:  "The  preceding  section  is 
based  upon  §  2  of  the  act  to  protect  the  bodies  of  deceased  persons, 
etc.  (Stats.  1854,  p.  20),  and  an  act  to  protect  cemeteries  in  Nevada 
County  (Stats.  1868,  p.  26),  and  embraces  all  the  material  provisions 
thereof.  .  .  ." 

§  297.  Interring  remains  in  city,  etc.,  limits.  Every  per- 
son who  shall  bury  or  inter,  or  cause  to  be  buried  or  in- 
terred, the  dead  body  of  any  human  being,  or  any  human 
remains,  in  any  place  within  the  corporate  limits  of  any 
city  or  town  in  this  state,  or  within  the  corporate  limits  of 
the  city  and  county  of  San  Francisco,  except  in  a  cemetery, 
or  place  of  burial  now  existing  under  the  laws  of  this  state, 
and  in  which  interments  have  been  made,  or  that  is  now 
or  may  hereafter  be  established  or  organized  by  the  board 
of  supervisors  of  the  county,  or  city  and  county,  in  which 


§  302  PENAL   CODE.  128 

sut'li  city  or  town,  or  cWy   and  couiily   is  silualo,  shall   be 
^•uilty  oL'  a   niisdciucaiior. 

Legislation  §  297.     Added  by  Code  Aiiidts.  1873-74,  p.  458. 

.  C]  [AFTER  VJr. 

Crimes  Against  Religion  and  Conscience,  and  Other  Offenses  against 

Good  Morals. 

§  299.  Barbarous  and  noisy  aniusoiiipnts,  and  tlioaters  where  liquors 
are  sold,  prohibited  on  Sunday.      [Repealed.] 

§  .300.     Keeping  open  places  of  business  on  Sunday.      [Repealed.] 

§  301.     Limitation    on    operation    of    preceding    section.      [Repealed.] 

§  302.     Disturbing   religious   meetings. 

§  303.  Sale  of  liquors  at  theaters,  and  employing  women  to  sell 
liquors   thereat.      [Repealed.] 

§  304.     Selling  liquors  at  camp-meeting. 

§  305.     Limitation  of  preceding  section. 

§  306.     Females  exhibited  in  public  places.      [Repealed.] 

§  307.     Keeping  or  resorting  to  place  where  opium  is  used. 

§  308.     Selling  tobacco  to  minors.     Dealers  to  post  copy  of  act. 

§  30Sa.  No  section  of  this  number. 

§  30Sb.  Supplemental   books,   purchase   of. 

§  309.     To  prevent  admission  of  minors  to  houses  of  prostitution. 

§  310.  Advertisements,  etc.,  on  flag  prohibited.  Penalty.  Excep- 
tions. 

§  310A.  Barber-shops  and  bath-houses  must  not  be  conducted  after 
twelve  m.  on  Sundays.      [Repealed.] 

§  299.  Barbarous  and  noisy  amusements,  and  theaters 
where  liquors  are  sold,  prohibited  on  Sunday.     [Repealed 

1883;  Stats.  1883,  p.  1.] 

Legislation  §  299.     1.  Enacted  February  14,  1872. 
2.  Repealed  by  Stats.  1883,  p.  1. 

§  300.  Keeping-  open  places  of  business  on  Sunday.  [Re- 
pealed 1883;  Stats.  1883,  p.  1.] 

Legislation  §  300,     1.  Enacted  February  14,  1872. 
2.  Repealed  by  Stats.  1883,  p.  1. 

§  301.     Limitation    on    operation    of    preceding    section. 

[Repealed  1883;  Stats.  1883,  p.  1.] 

Act  providing  day  of  rest  from  labor:  See  post,  Appendix,  tit. 
"Sundays." 

Act  providing  for  day  or  rest  in  bakeries:  See  post.  Appendix, 
tit.  "Sundays." 

Legislation  §  301.     1.  Enacted  February   14,  1872. 

2.  Amended  bv  Code  Amdts.  1880,  p.  38. 

3.  Repealed  by  Stats.  1883,  p.  1. 

§  302.  Disturbing  religious  meetings.  Every  person  who 
Avillfully  distiirl)S  oi-  disquiets  any  asseniblag'e  of  people  met 
for  religious  worship,  by  profane  discourse,  rude  or  indecent 
behavior,  or  by  anj"  inmecessary  noise,  either  Avithin  the 
place  where  such  meeting  is  held,  or  so  near  it  as  to  disturb 
the  order  and  solemnity  of  the  meeting,  is  guilty  of  a  mis- 


129      CRIMES  AGAINST  RELIGION,  CONSCIENCE  AND  MORALS.      §  306 

demeanor.      [Amendment     approved     1905 ;     Stats.     1905, 
p.  657.] 

Legislation  §  302.  1.  Enacted  February  ]4,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  18.50,  p.  243,  §  117;  Tenn.  Code,  §§  48,  52. 

2.  Amendment  by  Stats.  1901,  p.  451;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  657;  the  code  commissioner  saying, 
"The  change  consists  in  the  omission  of  the  word  'noise'  before  the 
word  'profane,'  it  being  manifestly  an  error  in  the  statute,  as  it 
occurs  later  in  the  section  with  a  qualification." 

§  303.  Sale  of  liquors  at  theaters,  and  employing'  women 
to  sell  liquors  thereat.      [Repealed  1905 ;  Stats.  1905,  p.  657.] 

Legislation  §  303.     1,  Enacted  February  14,  1872. 

2.  Eepeal  by  Stats.  1901,  p.  452;  unconstitutional.  See  note,  §  5, 
ante. 

3.  Eepealed  by  Stats.  1905,  p.  657;  the  code  commissioner  saying, 
"The  section  is  in  conflict  with  §  18  of  article  xx  of  the  constitution, 
which  provides  that  'no  person  shall,  on  account  of  sex,  be  disquali- 
fied from  entering  upon  or  pursuing  any  lawful  business,  vocation, 
or  profession'  (Ex  parte  Magoire,  57  Cal.  C04),  and  is,  therefore, 
repealed." 

§  304.  Selling-  liquors  at  camp-meeting.  Every  person 
who  erects  or  keeps  a  booth,  tent,  stall,  or  other  contrivance 
for  the  purpose  of  selling  or  otherwise  disposing  of  any 
Avine,  or  spirituous,  or  intoxicating  liquors,  or  any  drink  of 
which  Avincs,  spirituous,  or  intoxicating  liquors  form  a  part, 
or  for  selling  or  otherAvise  disposing  of  any  article  of  mer- 
chandise, or  Avho  peddles,  or  haAvks  about  any  such  drink 
or  article,  Avithin  one  mile  of  any  camp  or  field  meeting  for 
religious  Avorship,  during  the  time  of  holding  such  meeting, 
is  punisha])le  by  fine  of  not  less  than  five  nor  more  than  five 
hundred   dollars. 

Legislation  §  304.     Enacted  February  14,  1872;   based  on   Crimes 

and  Punishment  Act,  §  118,  as  amended  by  Stats.  1859,  p.  188,  §  1. 

§  305.  Limitation  of  preceding  section.  The  provisions 
of  the  preceding  section  do  not  apply  to  any  person  carrying 
on  a  regular  business  in  the  sale  of  liquors  or  other  articles, 
w'hich  business  was  established  prior  to  the  appointment  of 
the  meeting  referred  to  in  such  section. 

Legislation  §  305.     Enacted  February   14,   1872;    based   on   Crimes 

and  Punishment  Act,  §  118,  as  amended  by  Stats.  1859,  p.  188,  §  1. 

§  306.  Females  exhibited  in  public  places.  [Repealed 
1905;  Stats.  1905,  p.  658.] 

Legislation  §  306.     1.  Enacted  February   14,  1872. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  459. 

3.  Amended  by  Code  Amdts.  1873-74,  p.  460. 

4.  Eepeal  by  Stats.  1901,  p.  452;  unconstitutional.  See  note,  §  5, 
ante. 

Pen.  Code — 9 


§  308  PENAL    CODE.  130 

5.  Repealed  by  Stats.  1905,  p.  fi,J8;  the  code  fominissioner  saying, 
"This  section  is  exjilicitly  held  to  be  in  conflict  with  §  18  of  article  xx 
of  the  constitution  in  Ex  parte  Maguire,  57  Cal.  604,  009,  and  is, 
therefore,  repealed." 

§  307.  Keeping'  or  resorting  to  place  where  opium  is  used. 
Every  person  wlio  ()])eiis  or  iiiaiii1;iins,  to  be  i-esorted  to  hy 
other  persons,  any  place  whei-e  opium,  or  any  of  its  prepara- 
tions, is  sold  or  given  away,  to  be  smoked  at  siieh  place; 
and  any  person  Avho,  at  such  place,  sells  or  gives  away  any 
opium,  or  its  said  preparations,  to  be  there  smoked  or  other- 
wise used  ;  and  every  person  Avho  visits  or  resorts  to  any 
such  place  for  the  purpose  of  smoking  opium  or  its  said 
preparations,  is  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
exceeding  six  months,  or  l)y  both  such  fine  and  imi^rison- 
mcnt. 

Legislation  §  307.  1.  Added  by  Stats.  1881,  p.  34. 
2.  Amendment  by  Stats.  1901,  p.  452;  unconstitutional.  See  note, 
§  5,  ante.  The  original  code  §  307,  entitled  "Procuring  female  under 
seventeen  years  of  age  to  exhibit  herself  for  hire.  Female  under 
seventeen  exhibiting  herself  for  hire,"  was  amended  by  Code  Amdts. 
1873-74,  p.  459,  and  was  repealed  at  the  same  session  of  the  legis- 
lature: Code  Amdts.  1873-74,  p.  461. 

§  308.  Selling-  tobacco  to  minors.  Dealers  to  post  copy 
of  act.  Every  person,  firm  or  corporation  which  sells  or 
gives  or  in  any  way  furnishes  to  another  person  who  is  in 
fact  under  the  age  of  eighteen  years  any  tobacco,  cigarette 
or  cigarette  papers,  or  any  other  preparation  of  tobacco  is 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  punished  for  the  first  offense  by  a  fine  of  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  or 
by  imnrisonment  for  not  more  than  sixtv  davs;  and  for  the 
second  offense  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  two  hundred  dollars,  or  bv  imprisonment  for  not 
more  than  ninety  days ;  and  for  each  snbsecpient  offense  by 
a  fine  of  not  less  than  one  hundred  dollars  and  not  more 
than  three  hundred  dollars,  or  by  imprisonment  for  not  less 
than  ninety  days  nor  more  than  six  months,  or  by  both  such 
fine  and  imprisonment. 

Every  person,  firm  or  corporation  which  sells,  or  deals  in 
tobacco  or  any  preparation  thereof,  shall,  w^ithin  ninety 
da^'S  after  this  act  becomes  effective,  post  conspicuously  and 
keep  so  posted  in  his  or  their  place  of  business,  a  copy  of 
this  act,  and  any  such  person  failing  to  do  so  shall  upon 
conviction  be  punished  by  a  fine  of  five  dollars  for  the  first 
offense  and  twenty-five  dollars  for  each  succeeding  violation 


131      CRIMES  AGAINST  RELIGION,  CONSCIENCE  AND  MORALS.      §  310 

of  this  provision,  or  by  imprisoiMiient  for  not  move  than 
thirty  days. 

The  secretary  of  state  is  hereby  authorized  to  have 
printed  sufficient  copies  of  this  act  to  enable  him  to  furnish 
dealers  in  tobacco  with  copies  thereof  upon  their  request 
for  the  same.  [Amendment  approved  1911;  Stats.  1911, 
p.  481.] 

Legislation  §  308.  1.  Added  by  Stats.  1891,  p.  64,  and  then  read: 
"Every  person  who  sells  or  gives  or  furnishes  in  any  way  to  another 
who  is  in  fact  under  the  age  of  sixteen  years,  any  tobacco,  or  prep- 
aration of  tobacco,  is  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dol- 
lars; provided,  however,  that  this  section  shall  not  be  deemed  to 
apply  to  articles  furnished  on  prescriptions  from  physicians  author- 
ized by  law  to  practice  medicine,  nor  to  persons  who  supply  such 
articles  to  their  own  children,  nor  to  sales  made  to  such  minors  upon 
the  written  consent  of  the  parents  or  guardians  of  such  minors  first 
obtained  in  writing  by  the  vender." 
2.  Amended  by  Stats.  1911,  p.  481. 

§  308a.     No  section  of  this  number. 

§  308b.  Supplemental  books,  purchase  of.  Any  prin- 
cipal, teacher,  employee  or  school  officer  of  any  elementary 
or  secondary  school  who  refuses  to  use  the  text-books 
prescribed  by  the  proper  authority  for  use  in  the  elementary 
or  secondary  schools  under  his  charge,  who  causes  any  pupil 
to  purchase  any  supplementary  book  or  books  for  said 
pupil's  use  in  the  schools,  or  who  refuses  or  willfully  neg- 
lects to  make  such  reports  as  are  required  by  law,  is  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
subject  to  a  fine  of  not  more  than  one  hundred  dollars. 
Legislation  §  308b.     Added  by  Stats.  1909,  p.  403. 

§  309.  To  prevent  admission  of  minors  to  houses  of  pros- 
titution. Any  proprietor,  keeper,  manager,  conductor,  or 
person  having  the  control  of  any  house  of  prostitution,  or 
any  house  or  room  resorted  to  for  the  purpose  of  prostitu- 
tion, who  shall  admit  or  keep  any  minor  of  either  sex  therein  ; 
or  any  parent  or  guardian  of  any  such  minor,  who  shall 
admit  or  keep  such  minor,  or  sanction,  or  connive  at  the 
admission  or  keeping  thereof,  into,  or  in  any  such  house, 
or  room,  shall  be  guilty  of  a  misdemeanor. 

Punishment  for  using  child  for  immoral  purposes:  See  ante, 
§§  272   et  seq. 

Prohibiting  child  from  entering  saloon,  begging,  etc.:  See  ante, 
§§  272   et  seq. 

Legislation  §  309.     Added  by  Code  Amdts.  1880,  p.  3(1. 

§  310.  Advertisements,  etc.,  on  flag-  prohibited.  Penalty. 
Exceptions.  That  any  person,  firm  or  corporation,  Avho,  in 
any  manner,  for  exhibition  or  display,  puts,  places,  or  causes 


§  SlOVli  PENAL  CODE.  132 

to  l)c  placed,  an  iiisci'ipl  ion,  jjicliirc,  (l("\ico,  dcsiy-n,  syiiil)ol, 
name,  advertisoniont,  word,  Icttci-,  eliaraetor,  mark  or  notice 
of  ail}'  kind  whatsoever,  upon  any  flag  of  the  United  States, 
or  ensign  evidently  purporting  to  be  such  flag,  or  who  in 
any  manner  appends,  annexes  or  affixes  to  any  such  flag 
any  inscription,  pictui-c,  device,  syml)ol,  name,  advertise- 
ment, word,  letter,  cliai-acter,  mark  or  notice  whatsoever,  or 
who  displays  or  exhibits,  or  causes  to  be  displayed  or  ex- 
hibited, any  flag,  of  the  United  States  or  ensign  purporting 
to  be  such  flag,  upon  which  is  put,  attached,  annexed,  affixed 
or  placed  in  any  manner,  any  inscription,  picture,  design, 
device,  syml)ol,  name,  advertisement,  word,  letter,  mark  or 
notice  Avhatsoever,  or  w^ho  mutilates,  tramples  upon,  or 
otherwise  defaces  or  defiles  any  such  flag,  said  flag,  l)e  pul)- 
lic  or  private  property,  or  who  places  or  causes  to  be  placed 
on  any  manufactured  or  prepared  article  or  covering  of  said 
article,  such  flag,  or  indication  of  such  flag,  or  who  uses  or 
causes  to  be  used  for  purposes  of  a  commercial  or  other 
trade-mark,  such  flag,  or  indication  of  such  flag,  shall  be  fined 
not  more  than  two  hundred  dollars  or  imprisoned  not  more 
than  one  year,  or  both,  for  each  and  every  offense,  in  the 
county  jail  of  the  county  in  Avhich  the  trial  is  held ;  pro- 
vided however,  that  flags,  or  ensigns,  the  property  of  and 
used  in  the  service  of  the  United  States,  or  any  state,  ter- 
ritory or  District  of  Columbia,  may  have  inscriptions,  names 
of  actions,  battles,  skirmishes,  or  words,  marks  or  symbols, 
which  are  placed  thereon  pursuant  to  laAv  or  authorized 
regulations;  provided  further,  that  this  act  shall  not  apply 
to  banners  or  flags  carried  by  military  or  patriotic  organiza- 
tions existing  under  the  laws  of  the  state  of  California  and 
the  United  States  of  America,  or  to  flags  used  in  theatrical 
performances,  or  to  flags  carried  by  political  parties,  or 
organizations,  in  parades,  or  in  public  meetings. 

Legislation  §  310.  Added  by  Stats.  1909,  p.  401.  The  code  com- 
missioners, in  1901,  made  an  addition  of  a  section  numbered  653d 
(Stats.  1901,  p.  479),  reading,  "653d.  Any  person  wlio  desecrates 
the  flag  of  the  United  States,  by  printing  thereon  or  attaching 
thereto  any  advertisement  of  any  nature  whatsoever,  is  guilty  of  a 
misdemeanor";  unconstitutional.     See  note,  §  5,  ante. 

§  310 V2-  Barber-shops  and  bath-houses  must  not  be  con- 
ducted after  twelve  m.  on  Sundays.  [Repealed  1905 ;  Stats. 
1905,  p.  (>58.] 

Legislation  §  3101/2.     1-  Added  by  Stats.  1895,  p.  246. 

2.  Repeal  by  Stats.  1901,  p.  452;  unconstitutional.  See  note,  §  5, 
ante. 

3.  Repealed  by  Stats.  1905,  p.  658;  the  code  commissioner  saying, 
"This  section  was  explicitly  held  to  be  unconstitutional  in  Ex  parte 
Jentzsek,  112  Cal.  468,  and  is,  therefore,  repealed." 


133         INDECENT    EXPOSURE,    OBSCENE  EXHIBITIONS,    ETC.       §  311 


CHAPTEIi  Vlil. 

Indecent    Exposure,    Obscene    Exhibitions,    Books    and    Prints,    and 
Bawdy   and   Other   Disorderly   Houses. 

§  311.  Indecent   exposures,   exliibitious,   and   pictures. 

§  312.  Seizure  of  indecent  articles   authorized. 

§  313.  Their  character  to  be  summarily  determined. 

§  314.  Their  destruction. 

§  315.  Keeping  or  residing  in  house   of  ill-fame.     Proof. 

§  316.  Keeping  disorderly  houses. 

§  317.  Advertising   to   produce   miscarriage. 

§  318.  Prevailing   upon   any   person   to   visit   a  place   kept   for   gam- 
bling  or  prostitution   a   misdemeanor. 

§  311.     Indecent    exposures,    exhibitions,    and    pictures. 

Every  person  who  willfully  and  lewdly,  either : 

One.  Exposes  his  person,  or  the  private  parts  thereof, 
in  any  public  place,  or  in  any  place  where  there  are  present 
other  persons  to  be  offended  or  annoyed  thereby ;  or, 

Two.  Procures,  counsels,  or  assists  any  person  so  to  ex- 
pose himself,  or  to  take  part  in  any  model  artist  exhibition, 
or  to  make  any  other  exhibition  of  himself  to  public  view, 
or  to  the  view  of  any  number  of  persons,  such  as  is  offensive 
to  decency,  or  is  adopted  to  excite  to  vicious  or  lewd 
thoughts  or  acts;  or. 

Three.  Writes,  composes,  stereotypes,  prints,  publishes, 
sells,  distributes,  keeps  for  sale,  or  exhibits  any  obscene  or 
indecent  writing,  paper,  or  book ;  or  designs,  copies,  draws, 
engraves,  paints,  or  otherwise  prepares  any  obscene  or  in- 
decent picture  or  print;  or  molds,  cuts,  casts,  or  otherwise 
makes  any  obscene  or  indecent  figure ;  or. 

Four.  Writes,  composes,  or  publishes  any  notice  or  ad- 
vertisement of  any  such  writing,  paper,  book,  picture,  print, 
or  figure ;  or. 

Five.  Sings  any  lewd  or  obscene  song,  ballad,  or  other 
words,  in  any  public  place,  or  in  any  place  where  there  are 
persons  present  to  be  annoyed  thereby ; 

■ — Is  guilty  of  a  misdemeanor.  [Amendment  approved 
1874;  Code  Amdts.  1873-74,  p.  429.] 

Legislation  §  311.  1.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  363,  N.  Y.  Pen.  Code,  §§  316,  317.  The  code 
commissioners  say:  "This  and  the  three  succeeding  sections  are  based 
upon  an  act  relative  to  obscene  and  lewd  publications  (Stats.  1859, 
p.  297),  and  an  act  relative  to  injurious  publications  (Stats.  1858, 
p.  204),  extended  to  embrace  cases  not  included  within  those  acts, 
but  which  deserve  Ifght  punishments,  and  follow  the  language  of 
the  New  York  Penal  Code,  [Field's  Draft,].  §§  363,  365,  366." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  429,  in  subd.  4,  omitting, 
before  ''or,"  at  end  of  subdivision,  "or  any  notice  or  advertisement 
for  producing  or  facilitating  a  miscarriage." 


§  315  PENAL    CODE.  134: 

§  312.  Seizure  of  indecent  articles  authorized.  Kveiy 
person  anJio  is  aulliorized  or  enjoined  to  arrest  any  pei'son 
for  a  violation  of  su))division  tliree  of  the  last  section,  is 
equally  authorized  and  enjoined  to  seize  any  obscene  or 
indecent  writing,  paper,  book,  picture,  print,  or  figure  found 
in  possession  or  under  the  control  of  the  person  so  arrested, 
and  to  deliver  the  same  to  the  niagisti-ate  before  whoDi  the 
person  so  arrested  is  required  to  be  taken. 

Legislation  §  312.  Enacted  February  14,  1872;  identical  with 
Field's  Urat'tj  §  364.  See  ante,  Legislation  §  311,  for  code  commis- 
sioners' note. 

§  313.     Their  character  to  be  summarily  determined.     The 

magistrate  to  Avhom  any  obscene  or  indecent  writing,  paper, 
book,  picture,  print,  or  figure  is  delivered,  pursuant  to  the 
foregoing  section,  must,  upon  the  examination  of  the  ac- 
cused, or,  if  the  examination  is  delayed  or  prevented,  with- 
out awaiting  such  examination,  determine  the  character  of 
such  writing,  paper,  book,  picture,  print,  or  figure,  and  if  he 
finds  it  to  be  obscene  or  indecent,  he  must  deliver  one  copy 
to  the  district  attorney  of  the  county  in  which  the  accused 
is  liable  to  indictment  or  trial,  and  must  at  once  destroy  all 
the  other  coj^ies. 

Legislation  §  313.  Enacted  February  14,  1872;  the  language  em- 
ployed being  almost  that  of  part  of  Field's  Draft,  §  365.  See  ante, 
Legislation  §  311,  for  code  commissioners'  note. 

§  314.     Their  destruction.     Upon  the  conviction  of  the  ac- 
cused, such  district  attorney  must  cause  any  writing,  paper, 
book,  picture,  print,  or  figure,  in  respect  whereof  the  accused 
stands  convicted,  and  which  remains  in  the  possession  or 
under  the  control  of  such  district  attorney,  to  be  destroyed. 
Legislation  §  314.     1.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  366.     See  ante,  Legislation  §  311,  for  code  com- 
missioners' note. 

2.  Amendment  by  Stats.  1901,  p.  452;  unconstitutional.  See  note, 
§  5,  ante. 

§  315.     Keeping  or  residing  in  house  of  ill-fame.     Proof. 

Every  person  who  keeps  a  house  of  ill-fame  in  this  state, 
resorted  to  for  the  purposes  of  prostitution  or  lewdness,  or 
who  willfully  resides  in  such  house,  is  guilty  of  a  misde- 
meanor ;  and  in  all  prosecutions  for  keeping  or  resorting  to 
such  a  house  common  repute  may  be  received  as  competent 
evidence  of  the  character  of  the  house,  the  purpose  for  which 
it  is  kept  or  used,  and  the  character  of  the  women  inhabiting 
or  resorting  to  it.  [Amendment  approved  1905 ;  Stats.  1905, 
p.  668.] 

Living  in  or  keeping  house  of  ill-fame:  See  post,  §  647. 


135        DISORDERLY  HOUSES.      ADVERTISING  MISCARRIAGES.       §  318 

Legislation  §  315.  1.  Enacted  February  14,  1872  (based  on  Stats. 
IS55,  p.  7(1,  §  1),  and  then  ended  with  the  words  "guilty  of  a  misde- 
meanor." 

2.  Amendment  by  Stats.  1901,  p.  452;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  66S;  the  code  commissioner  saying, 
"The  new  matter  is  taken  from  the  statute  of  1866,  as  amended 
1873-74,  p.  84,  and  makes  the  reputation  of  the  house  evidence  of 
its  character  and  of  that  of  the  women  resorting  to  it." 

§  316.  Keeping-  disorderly  houses.  Every  person  who 
keeps  any  disordorly  house,  or  any  house  for  the  purpose  of 
assignation  or  prostitution,  or  any  house  of  public  resort, 
by  which  the  peace,  comfort,  or  decency  of  the  immediate 
neighborhood  is  habitually  disturbed,  or  who  keeps  any  inn 
in  a  disorderly  manner ;  and  every  person  who  lets  any 
apartment  or  tenement,  knowing  that  it  is  to  be  used  for 
the  purpose  of  assignation  or  prostitution,  is  guilty  of  a  mis- 
demeanor. [Amendment  approved  1874 ;  Code  Amdts.  1873- 
74,  p.  430.] 

Legislation  §  316.  1.  Enacted  February  14,  1872  (identical  with 
Field's  Draft,  §  368,  N.  Y.  Pen.  Code,  §  322),  and  then  read:  "Every 
person  who  keeps  any  disorderly  house  or  any  house  of  public  resort, 
by  which  the  peace,  comfort,  or  decency  of  the  immediate  neighbor- 
hood is  habitually  disturbed,  or  who  keeps  any  inn  in  a  disorderly 
manner,  is  guilty  of  a  misdemeanor."' 

2.  Amended  by  Code  Amdts.  1873-74,  p.  430. 

§  317.  Advertising  to  produce  miscarriage.  Every  per- 
son who  willfully  writes,  comjjoses,  or  publishes  any  notice 
or  advertisement  of  any  medicine  or  means  for  producing 
or  facilitating  a  miscarriage  or  abortion,  or  for  the  preven- 
tion of  conception,  or  who  offers  his  services  by  any  notice, 
advertisement,  or  otherwise,  to  assist  in  the  accomplishment 
of  any  such  purpose,  is  guilty  of  a  felony. 

Legislation  §  317.     Added  by  Code  Amdts.  1873-74,  p.  430. 

§  318.  Prevailing-  upon  any  person  to  visit  a  place  kept 
for  gambling  or  prostitution,  a  misdemeanor.  Whoever, 
through  invitation  or  device,  prevails  upon  any  person  to 
visit  any  room,  building,  or  other  places  kept  for  the  pur- 
pose of  gambling  or  prostitution,  is  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  confined  in  the  county 
jail  not  exfeeeding  six  months,  or  fined  not  exceeding  five 
hundred  dollars,  or  be  punished  by  both  such  fine  and  im- 
prisonment. 

Legislation  §  318.     Added  by  Code  Amdts.  1880,  p.  40. 


§  321  PENAL    CODE.  13(> 

CHAPTER  IX. 
Lotteries. 

§  319.     Lottory  defined. 

§  .120.     Punishment   for   drawing   lottery. 

§  321.     Piinisliinent    for   selling    lottery    tickets. 

§  322.     Aiding   lotteries. 

S  323.     Lottery-offices.     Advertising  lottery-offices. 

§  324.     Insuring   lottery    tickets.     I'ublishing    offers    to   insure. 

§  325.     Property   offered  for  disposal   in   lottery  forfeited. 

§  326.     Letting  building  for  lottery   purposes. 

§319.  Lottery  defined.  A  lottery  is  any  scheme  for  the 
disposal  or  distribution  of  property  by  chance,  among  per- 
sons who  have  paid  or  promised  to  pay  any  valuable  con- 
sideration for  the  chance  of  obtaining  such  property  or  a 
portion  of  it,  or  for  any  share  or  any  interest  in  such  prop- 
erty, upon  any  agreement,  understanding,  or  expectation 
that  it  is  to  be  distributed  or  disposed  of  by  lot  or  chance, 
whether  called  a  lottery,  ratHe,  or  gift-enterprise,  or  by  what- 
ever name  the  same  may  be  known. 

Evidence  on  prosecution  for  selling  lottery  tickets:  See  post, 
§  1109. 

Legislation  §  319.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §370,  N.  Y.  Pen.  Code,  §323;  "Stats.  1861,  p.  229,  §  2.  Tiie 
code  commissioners  say:  "This  section  and  the  succeeding  ones  re- 
lating to  lotteries  are  founded  upon  an  act  to  prohibit  lotteries,  etc. 
(Stats.  1861,  p.  229.)  No  material  changes  in  the  legal  effect  have 
been  made,  but  the  commissioners  have  to  some  extent  followed  the 
language  of  the  New  York  Penal  Code  [Field's  Draft]  (§§  370,  372, 
373,  375,  377,  379,  381,  382),  having  in  view  greater  terseness  of 
expression." 

§320.  Punishment  for  drawing  lottery.  Every  person 
who  contrives,  prepares,  sets  up,  proposes,  or  draws  any 
lottery,  is  guilty  of  a  misdemeanor. 

Legislation  §  320.     Enacted   February   14,   1872;   based   on   Field's 

Draft,  §372,  N.  Y.  Pen.  Code,  §  325;   Stats.  1861,  p.  229.     See  ante, 

Legislation  §  319,  for  code  commissioners'  note. 

§321.  Punishment  for  selling  lottery  tickets.  Every 
person  who  sells,  gives,  or  in  any  manner  whatever,  fur- 
nishes or  transfers  to  or  for  any  other  person  any  ticket, 
chance,  share,  or  interest,  or  any  paper,  certificate,  or  in- 
strument purporting  or  understood  to  be  or  to  represent 
any  ticket,  chance,  share,  or  interest  in,  or  depending  upon 
the  event  of  any  lottery,  is  guilty  of  a  misdemeanor. 

Legislation  §  321.     Enacted   February    14,   1872;    almost   identical 

with  Field's  Draft,  §  378,  N.  Y.  Pen.  Code,  §  326;  Stats.  1861,  p.  229. 

See  ante.  Legislation  §  319,  for  code  commissioners'  note. 


137  LOTTERIES.  §  325 

§  322.  Aiding-  lotteries.  Every  person  who  aids  or  as- 
sists, either  by  printing,  writing,  advertising,  publishing,  or 
otherwise  in  setting  up,  managing,  or  drawing  any  lottery, 
or  in  selling  or  disposing  of  any  ticket,  chance,  or  share 
therein,  is  guilty  of  a  misdemeanor. 

Legislation  §  322.     Enacted   February   14,   1872;    based   on   Field's 

Draft,  §375,  N.  Y.  Pen.  Code,  §  327;  Stats.  1861,  p.  229.     See  ante, 

Legislation  §  319,  for  code  commissioners'  note. 

§  323.  Lottery-offices.  Advertising-  lottery-offices.  Every 
person  who  opens,  sets  up,  or  keeps,  by  himself  or  by  any 
other  person,  any  office  or  other  place  for  the  sale  of,  or  for 
registering  the  number  of  any  ticket  in  any  lottery,  or  who, 
by  printing,  Avriting,  or  otherwise,  advertises  or  publishes 
the  setting  up,  opening,  or  using  of  any  .such  office,  is  guilty 
of  a  misdemeanor. 

Legislation  §  323.     Enacted  February   M,   1872;   based   on   Field's 

Draft,  §  377,  N.  Y.  Pen.  Code,  §329;   Stats.  1861,  p.  229.     See  ante. 

Legislation  §  319,  for  code  commissioners'  note. 

§  324.  Insuring  lottery  tickets.  Publishing  offers  to  in- 
sure. Every  person  who  insures  or  receives  any  considera- 
tion for  insuring  for  or  against  the  drawing  of  any  ticket  in 
any  lottery  whatever,  whether  drawn  or  to  be  drawn  within 
this  state  or  not,  or  Avho  receives  any  valuable  consideration 
upon  any  agreement  to  repay  any  sum,  or  deliver  the  same, 
or  any  other  property,  if  any  lottery  ticket  or  number  of 
any  ticket  in  any  lottery  shall  prove  fortunate  or  unfor- 
tunate, or  shall  be  drawn  or  not  be  drawn,  at  any  particular 
time  or  in  any  particular  order,  or  who  promises  or  agrees 
to  pay  any  sum  of  money,  or  to  deliver  any  goods,  things  in 
action,  or  property,  or  to  forbear  to  do  anything  for  the 
benefit  of  any  person,  Avith  or  Avithout  consideration,  upon 
any  event  or  contingency  dependent  on  the  draAving  of  any 
ticket  in  any  lottery,  or  Avho  publishes  any  notice  or  pro- 
posal of  any  of  the  purposes  aforesaid,  is  guilty  of  a  misde- 
meanor. 

Legislation  §  S24.     Enacted  February   11,   1872;   based  on  Field's 

Draft,  §  379,  N.  Y.  Pen.  Code,  §330;  Stats.  1861,  p.  229.     See  ante. 

Legislation  §  319,  for  code  commissioners'  note. 

§  325.     Property  offered  for  disposal  in  lottery  forfeited. 

All  moneys  and  property  offered  for  sale  or  distribution  in 
violation  of  any  of  the  provisions  of  this  chapter  are  for- 
feited to  the  state,  and  may  be  recovered  by  information 
filed,  or  by  any  action  brought  by  the  attorney-general,  or 
by  any  district  attorney,  in  the  name  of  the  state.  Upon 
the  filing  of  the  information  or  complaint,  tlie  clerk  of  the 


§  330  PENAL  codl:.  138 

court,  or  if  the  suit  be  in  a  justice's  coui't,  the  justice,  must 
issue  an  attaehnunit  against  the  property  nie)itioned  in  tlic 
couiphiint  or  information,  which  attachment  lias  tlie  same 
force  and  effect  against  such  property,  and  is  issued  in  the 
same  manner  as  attachments  issued  from  the  district  courts 
in  civil  cases. 

Legislation  §  325.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  S  ;!S1,  N.  Y.  Pen.  Code,  §  332;  Stats.  1861,  p.  229.     See  ante, 

Loyislntion  §  .'Hi),  for  code  commissioners'  note. 

§  326.  Letting-  building-  for  lottery  purposes.  Every  per- 
son who  lets,  or  permits  to  be  used,  any  building  or  vessel, 
or  any  portion  thereof,  knowing  that  it  is  to  be  used  for 
setting  up,  managing,  or  drawing  any  lottery,  or  for  the 
purpose  of  selling  or  disposing  of  lottery  tickets,  is  guilty 
of  a  misdemeanor. 

Legislation  §  326.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  382,  K  Y.  Pen.  Code,  §333;  Stats.  1861,  p.  229.  See  ante. 
Legislation  §  319,  for  code  commissioners'  note. 


CHAPTER  X. 

Gaming. 

§  330.     Gaming   prohibited.     Penalty. 

§  330a.  Gambling   by   use   of   slot   machines   prohibited.     Dice   having 

more  than  six  faces. 
§  331.     Permitting  gambling  in  houses  owned  or  rented. 
§  332.     Winning  at   play  by  fraudulent  means. 
§  333.     Witnesses  neglecting  or  refusing  to  attend   trial. 
§  334.     Witness's   privilege. 

§  335.     Duties   of   district   attorneys,   sheriffs,   and   others. 
§  336.     Permitting  minor  to  play  in  saloon. 

§  337.     To  issue   a  license  to  carry  on  forbidden  games,  a  felony. 
§  337a.  Pool-selling,  book-making,  bets  and  wagers. 

Code  commissioners'  note  to  Chapter  X.  "This  chapter  is  founded 
on  the  statute  of  1860,  p.  69,  and  the  statute  of  1863,  p.  723.  The 
language  has  been  modified." 

§  330.  Gaming-  prohibited.  Penalty.  Every  person  who 
deals,  plays,  or  carries  on,  opens,  or  causes  to  be  opened, 
or  who  conducts,  either  as  owner  or  employee,  whether  for 
hire  or  not,  any  game  of  faro,  monte,  roulette,  lansquenet, 
rouge-et-noir,  rondo,  tan,  fan-tan,  stud-horse  poker,  seven- 
and-a-half,  twenty-one,  hokey-pokey,  or  any  banking  or  per- 
centage game  played  with  cards,  dice,  or  any  device,  for 
money,  checks,  credit,  or  other  representative  of  value,  and 
every  person  who  plays  or  bets  at  or  against  any  of  said  pro- 
hibited games,  is  guilty  of  a  misdemeanor,  and  shall  be  pun- 
ished by  a  fine  not  less  than  one  hundred  dollars  nor  not 
more  than  five  hundred  dollars,  or  by  imprisonnuMit  in  the 


139  GAMING.  §  330a 

county  jail  not  exceeding  six  montlis,  or  by  both  such  fine 
and  imprisonment.  [Amendment  approved  1891 ;  Stats. 
1891,  p.  57.] 

Legislation  §  330.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1863,  p.  723,  §1;  14  Cal.  29;  14  Cal.  566),  and  then  read:  "Every 
person  who  deals,  plays,  or  carries  on,  opens  or  causes  to  be  opened, 
or  who  conducts,  either  as  owner  or  employee,  whether  for  hire  or 
not,  any  game  of  faro,  monte,  roulette,  lansquenet,  rouge-et-noir, 
rondo,  or  any  banking  game  played  with  cards,  dice,  or  any  other 
device,  for  money,  checks,  credit,  or  any  other  representative  of 
value,  is  punishable  by  fine  of  not  less  than  two  hundred  nor  more 
than  one  thousand  dollars,  and  shall  be  imprisoned  in  the  county 
jail  until  such  fine  and  costs  of  prosecution  are  paid,  such  impris- 
onment not  to  exceed  one  year." 

2.  Amended  by  Stats.  1885,  p.  135,  (1)  adding  (a)  "tan,  fan-tan, 
stud-horse  poker,  seven-and-a-half,  twenty-one,"  and  (b)  "or  percent- 
age" after  "any  banking";  (2)  omitting  "other"  before  "clevice"; 
(4)  adding,  at  end  of  section,  "and  every  person  who  plays  or  bets  at 
or  against  any  of  said  prohibited  game  or  games,  is  guilty  of  a  mis- 
demeanor." 

3.  Amended  by  Stats.  1891,  p.  57. 

§  330a.  Gambling-  by  use  of  slot  machines  prohibited. 
Dice  having'  more  than  six  faces.  Every  person,  who  has  in 
his  possession  or  under  his  control,  either  as  owner,  lessee, 
agent,  employee,  mortgagee,  or  otherwise,  or  Avho  permits  to 
be  placed,  maintained  or  kept,  in  any  room,  space,  inclosure 
or  building  OAvned,  leased  or  occupied  l:)y  him,  or  under  his 
management  or  control,  any  slot  or  card  machine,  con- 
trivance, appliance  or  mechanical  device,  upon  the  result 
of  action  of  which  money  or  other  valuable  thing  is  staked 
or  hazarded,  and  which  is  operated,  or  played,  by  placing 
or  depositing  therein  any  coins,  checks,  slugs,  balls,  or  other 
articles  or  device,  or  in  any  other  manner  and  by  means 
whereof,  or  as  a  result  of  the  operation  of  which  any  mer- 
chandise, money,  representative  or  articles  of  value,  checks, 
or  tokens,  redeemable  in,  or  exchangeable  for  money  or  any 
other  thing  of  value,  is  won  or  lost,  or  taken  from  or 
obtained  from  such  machine,  when  the  result  of  action  or 
operation  of  such  machine,  contrivance,  appliance,  or  me- 
chanical device  is  dependent  upon  hazard  or  chance,  and 
every  person,  who  has  in  his  possession  or  under  his  con- 
trol, either  as  owner,  lessee,  agent,  employee,  mortgagee,  or 
otherwise,  or  Avho  permits  to  be  placed,  maintained  or  kept, 
in  any  room,  space,  inclosure  or  building,  owned,  leased  or 
occupied  by  him,  or  under  his  management  or  control,  any 
card  dice,  or  any  dice  having  more  than  six  faces  or  bases 
each,  upon  the  result  of  action  of  which  any  money  or  other 
valuable  thing  is  staked  or  hazarded,  or  as  a  result  of  the 
operation  of  which  any  merchandise,  money,  representative 


§  333  PENAL    CODE.  140 

or  article  of  value,  cheek  or  token,  redeemable  in  or  ex- 
changeable for  money  or  any  other  thing  of  value,  is  won 
or  lost  or  taken,  when  the  result  of  action  or  operation  of 
such  dice  is  dependent  upon  hazard  or  chance,  is  guilty  of 
a  misdemeanor,  and  shall  be  punishable  by  a  fine  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dolhirs, 
or  by  imprisonment  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 
Legislation  §  330a.     Added  by  Stats.  1911,  p.  95]. 

§  331.     Permitting"  gambling  in  houses  owned  or  rented. 

Every  jjerson  who  kno\\ingiy  permits  any  of  the  games 
mentioned  in  the  preceding  section  to  be  played,  conducted, 
or  dealt  in  any  house  owned  or  rented  ])y  such  person,  in 
whole  or  in  part,  is  punishable  as  i^rovided  in  the  preceding 
section. 

Permitting  minors  to  gamble:   See  post,  §  3.36. 
Permitting  of  gambling  by  owner  or  lessor:    See  post,  §  336. 
Legislation  §  331.     Enacted   February    14,    1872;    based    on    Stats. 
1860,  p.  69, §  4. 

§  332.  Winning  at  play  by  fraudulent  means.  Every 
person  who  by  the  game  of  ''three-card  monte,"  so-called, 
or  any  other  game,  device,  sleight-of-hand,  pretensions  to 
fortune-telling,  trick,  or  other  means  whatever,  by  use  of 
cards  or  other  implements  or  instruments,  or  while  betting 
on  sides  or  hands  of  any  such  play  or  game,  fraudulently  ob- 
tains from  another  person  money  or  property  of  any  de- 
scription, shall  be  punished  as  in  case  of  larceny  of  property 
of  like  value.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  40.] 

Legislation  §  332.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  388,  N.  Y.  Pen.  Code,  §  339),  and  then  read:  "Every  person 
who,  by  any  fraud,  cheat,  or  device,  or  false  pretense  whatsoever, 
while  playing  at  any  game  of  chance,  or  while  bearing  any  share  in 
wagers  played  for,  or  while  betting  on  sides  or  hands  of  such  play, 
wins  or  acquires  to  himself  or  another  any  sum  of  money  or  valuable 
thing,  is  guilty  of  a  misdemeanor," 

2.  Amended  by  Code  Amdts.  1877-78,  p.  115,  to  read:  "Every 
person  who,  by  fraud,  device,  cheat,  trick,  or  any  false  pretense 
whatsoever,  while  playing  or  pretending  to  play  at  any  game  of 
chance,  or  while  bearing  any  share  in  a  wager  or  wagers  played  for, 
or  while  betting  on  sides  or  hands  of  such  play  or  pretended  play; 
or  who,  by  means  of  bunko,  string  game,  three-card  monte,  thim- 
blerig,  top-and-bottom,  or  other  pretended  game  of  chance,  or  cheat- 
ing game,  or  device,  or  acquires  to  himself  or  another,  any  sum  of 
money  or  valuable  thing,  is  guilty  of  a  felony,  and  on  conviction 
shall  be  punished  accordingly." 

3.  Amended  by  Code  Amdts.  1880,  p.  40. 

§  333.     Witnesses  neglecting  or  refusing  to  attend  trial. 

Every  person  duly  summoned  as  a  witness  fur  the  in-osecu- 


141  GAMING.  §  337 

tiuii,  on  any  proceedings  had  nnder  this  chapter,  who  neg- 
lects or  refuses  to  attend,  as  rcniuired,  is  guilty  of  a  mis- 
demeanor. 

Legislation  §  333,     Euactcd    February    14,    1872;    basod    on    Stats. 
1S60,  p.  69,  §  5. 

§  334.  Witness's  privilege.  No  person,  otherwise  compe- 
tent as  a  witness,  is  disqualified  from  testifying  as  such  con- 
cerning the  offense  of  gaming,  on  the  ground  that  such  tes- 
timony may  criminate  himself;  but  no  prosecution  can 
afterwards  be  had  against  him  for  any  offense  concerning 
whrch  he  testified. 

Legislation  §  334.     Enacted  February  14,  1872  (Field's  Draft,  §  391, 

N.  y.  Pen.  Code,  §  342) ;  based  on  Stats.  1S60,  p.  69,  §  2. 

§  335.  Duties  of  district  attorneys,  sheriffs,  and  others. 
Every  district  attornej',  sheriff,  constable,  or  police-officer 
must  inform  against  and  diligently  prosecute  persons  w^hom 
they  have  reasonable  cause  to  believe  offenders  against  the 
provisions  of  this  chapter,  and  every  such  officer  refusing 
or  neglecting  so  to  do,  is  guilty  of  a  misdemeanor. 

Legislation  §  335.     Enacted   February    14,    1872;    based    on    Stats. 

1863,  p.  723,  §  1. 

§  336.  Permitting  minor  to  play  in  saloon.  Every  owner, 
lessee,  or  keeper  of  any  house  used  in  whole,  or  in  part,  as 
a  saloon  or  drinking-place,  who  knoAvingiy  permits  any  per- 
son under  twenty-one  years  of  age  to  play  at  any  game  of 
chance  therein,  is  guilty  of  a  misdemeanor. 

Permitting  of  gambling  by  lessor:    See   ante,  §  331. 
Legislation  §  336.     Added  by  Code  Amdts.  1873-74,  p.  4G1. 

§  337.     To  issue  a  license  to  carry  on  forbidden  games,  a 

felony.  Every  state,  countj^,  city,  city  and  county,  town, 
or  township  officer,  or  other  person  who  shall  ask  for,  re- 
ceive, or  collect  any  money,  or  other  valuable  consideration, 
either  for  his  own  or  the  public  use,  for  and  with  the  under- 
standing that  he  will  aid,  exempt,  or  otherwise  assist  any 
person  from  arrest  or  conviction  for  a  violation  of  section 
three  hundred  and  thirty  of  the  Penal  Code ;  or  who  shall 
issue,  deliver,  or  cause  to  be  given  or  delivered  to  any  per- 
son or  persons,  any  license,  permit,  or  other  privilege,  giv- 
ing, or  pretending  to  give,  any  authority  or  right  to  any 
person  or  persons  to  carry  on,  conduct,  open,  or  cause  to  be 
opened,  any  game  or  games  which  are  forbidden  or  prohib- 
ited by  section  three  hundred  and  thirty  of  said  code;  and 
any  of  such  officer  or  officers  who  shall  vote  for  the  passage 
of  any  ordinance  or  by-law,  giving,  granting,  or  pretending 


§  337a  PENAL  CODE.  142 

to  ^ixc  or  ^raiil  lo  any  pei'tsoii  or  persons  uiiy  uutliont}'  or 
privileyi'  to  open,  eariy  on.  conduct,  or  cause  to  be  o])ened. 
carried  on,  ov  conducted,  any  game  or  games  prohibited  by 
said  section  three  hundred  and  thirty  of  the  I'enal  Code,  is 

guilty  of  a  felony. 

Legislation  §  337.     Added  by  Stats.  1885,  j).  113. 

§  337a.  Pool-selling,  book-making',  bets  and  wagers. 
Every  person, 

1.  Who  engages  in  pool-selling  or  book-making,  with  or 
without  writing,  at  any  time  or  place ;  or 

2.  Who,  whether  for  gain,  hire,  reward,  or  gratuitously*,  or 
otherwise,  keeps  or  occupies,  for  any  period  of  time  whatso- 
ever, any  room,  shed,  tenement,  tent,  booth,  building,  float, 
vessel,  place,  stand  or  inclosure,  of  any  kind,  or  any  part 
thereof,  with  a  book  or  books,  paper  or  papers,  apparatus, 
device  or  paraphernalia,  for  the  purpose  of  recording  or  reg- 
istering any  bet  or  bets,  or  any  purported  bet  or  bets,  or 
wager  or  M^agers,  or  any  purported  wager  or  wagers,  or  of 
selling  pools,  or  purported  pools,  upon  the  result,  or  pur- 
ported result,  of  any  trial,  or  purported  trial,  or  contest,  or 
purported  contest,  of  skill,  speed  or  power  of  endurance  of 
man  or  beast,  or  between  men,  beasts,  or  mechanical  appara- 
tus, or  upon  the  result,  or  purported  result,  of  any  lot, 
chance,  casualty,  unknown  or  contingent  event  whatsoever; 
or 

3.  Who,  whether  for  gain,  hire,  reward,  or  gratuitously, 
or  otherwise,  receives,  holds,  or  forwards,  or  purports  or 
pretends  to  receive,  hold,  or  forward,  in  any  manner  what- 
soever, any  money,  thing  or  consideration  of  value,  or  the 
equivalent  or  memorandum  thereof,  staked,  pledged,  bet  or 
wagered,  or  to  be  staked,  pledged,  bet  or  wagered,  or  offered 
for  the  purpose  of  being  staked,  pledged,  bet  or  wagered, 
upon  the  result,  or  purported  result,  of  any  trial,  or  pur- 
ported trial,  or  contest,  or  purported  contest,  of  skill,  speed 
or  power  of  endurance  of  man  or  beast,  or  between  men, 
beasts,  or  mechanical  apparatus,  or  upon  the  result,  or  pur- 
ported result,  of  any  lot,  chance,  casualty,  unknown  or 
contingent  event  whatsoever ;  or 

4.  Who,  whether  for  gain,  hire,  reward,  or  gratuitously, 
or  otherwise,  at  any  time  or  place,  records,  or  registers  any 
bet  or  bets,  wager  or  wagers,  upon  the  result,  or  purported 
result,  of  any  trial,  or  purported  trial,  or  contest,  or  pur- 
ported contest,  of  skill,  speed  or  power  of  endurance  of  man 
or  beast,  or  between  men,  beasts,  or  mechanical  apparatus, 
or  upon  the  result,  or  purported  result,  of  any  lot,  chance, 
casualty,  unknown  or  contingent  event  whatsoever ;  or 


143  GAMING.  §  337a 

5.  Who,  being  the  owner,  lessee  or  occupant  of  any  room, 
shed,  tenement,  tent,  booth,  building,  float,  vessel,  place, 
stand,  inclosure  or  grounds,  or  any  part  thereof,  whether  for 
gain,  hire,  reward,  or  gratuitously,  or  otherwise,  permits  the 
same  to  be  used  or  occupied  for  any  purpose,  or  in  any  man- 
ner prohibited  b}^  subdivisions  1,  2,  3  or  4  of  this  section;  or 

&■.  Who  lays,  makes,  offers  or  accepts  any  bet  or  bets,  or 
wager  or  wagers,  upon  the  result,  or  purported  result,  of  any 
trial,  or  purported  trial,  or  contest,  or  purported  contest, 
of  skill,  speed  or  power  of  endurance  of  man  or  beast,  or 
between  men,  beasts,  or  mechanical  apparatus. 

Is  punishable  by  imprisonment  in  the  county  jail  or  state 
prison  for  a  period  of  not  less  than  thirty  days  and  not  ex- 
ceeding one  year. 

This  section  shall  apply  not  only  to  persons  who  may  com- 
mit any  of  the  acts  designated  in  subdivisions  1  to  6  inclu- 
sive of  this  section,  as  a  business  or  occupation,  but  shall 
also  apply  to  every  person  or  persons  who  may  do  in  a  single 
instance  any  one  of  the  acts  specified  in  said  subdivisions 
1  to  6  inclusive.  [Amendment  approved  1911;  Stats.  1911, 
p.  4.] 

Legislation  §  337a.  1.  Added  by  Stats.  1909,  p.  21,  and  then  read: 
"Every  person,  who  engages  in  pool-selling  or  book-making  at  any 
time  or  place;  or  who  keeps  or  occupies  any  room,  shed,  tenement, 
tent,  booth,  or  building,  float  or  vessel,  or  any  part  thereof,  or  who 
occupies  any  place  or  stand  of  any  kind,  upon  an}'  public  or  pri.vate 
grounds  within  this  state,  with  books,  papers,  apparatus  or  para- 
phernalia, for  the  purpose  of  recording  or  registering  bets  or  wagers, 
or  of  selling  pools,  or  who  records  or  registers  bets  or  wagers,  or 
sells  pools,  upon  the  result  of  any  trial  or  contest  of  skill,  speed 
or  power  of  endurance,  of  man  or  beast  or  between  men  or  beasts, 
or  upon  the  result  of  any  lot,  chance,  casualty,  unknown  or  con- 
tingent event  whatsoever;  or  who  receives,  registers,  records  or 
forwards,  or  purports  or  pretends  to  receive,  register,  record  or 
forward,  in  any  manner  whatsoever,  any  money,  thing  or  considera- 
tion of  value,  bet  or  wagered,  or  offered  for  the  purpose  of  being 
bet  or  wagered,  by  or  for  any  other  person,  or  sells  pools,  upon  any 
such  result;  or  who,  being  the  owner,  lessee,  or  occupant  of  any  room, 
shed,  tenement,  tent,  booth  or  building,  float  or  vessel,  or  part 
thereof,  or  of  any  grounds  within  this  state,  knowingly  permits 
the  same  to  be  used  or  occupied  for  any  of  these  purposes,  or  therein 
keeps,  exhibits,  or  employs  any  device  or  apparatus  for  the  purpose 
of  recording  or  registering  such  bets  or  wagers,  or  the  selling  of 
such  pools,  or  becomes  the  custodian  or  depositary  for  gain,  hire 
or  reward  of  any  money,  property  or  thing  of  value,  staked,  wagered 
/or  pledged,  or  to  be  wagered  or  pledged  upon  any  such  result;  or 
who  aids,  assists  or  abets  in  any  manner  in  any  of  the  said  acts, 
which  are  hereby  forbidden,  is  punishable  by  imprisonment  in  a 
county  jail  or  state  prison  for  a  period  of  not  less  than  thirty  days 
and  not  exceeding  one  year." 

2.  Amended  by  Stats.  1911,  p.  4. 


§  339  1'i<:nal  code.  114 

CJlAI'TIOJi  XL 

Pawnbrokers. 

§  338.  Pawnbroking  without   license. 

§  339.  Pawnbrokers,  register  to  be  kept. 

§  340.  Pawnbrokers,   wliat   interest   may   charge. 

§  341.  Selling    before    time    of    redemption    has    expired,    or    without 

notice. 

§  342.  Refusing  to  disclose  particulars  of  sale. 

§  343.  Inspection  of  register  by  officer. 

§  344.  Junk   dealers,   application   of   code   sections   to. 

Code  commissioners'  note  to  Chapter  XI.  ".  .  .  Based  upon  the 
provisions  of  the  act  of  April  17,  1861,  relating  to  pawnbrokers. 
(Stats.  1861,  p.  184.)" 

§  338.  Pawntroking  without  license.  Every  person  who 
carries  on  the  business  of  a  pawiibrolver,  by  receiving  goods 
in  pledge  for  loans  at  any  rate  of  interest  above  the  rate  of 
ten  per  cent  per  annum,  except  by  authority  of  a  license,  is 
guilty  of  a  misdemeanor. 

Pledge  from  minor  under  sixteen:  See  post,  §  501. 
Pledge:   See  Civ.   Code,  §§  29S6-3011. 

Carrying  on  business  without  license:   See  post,  §§  379,  435. 
Legislation  §  338.     Enacted  February  14, 1872  (Field's  Draft,  §  401, 
N.  Y.  Pen.  Code,  §  353);  based  on  Stats.  1861,  p.  184. 

§  339.  Pawnbrokers,  register  to  be  kept.  Every  person 
who  carries  on  the  business  of  a  pawnbroker,  or  who  pur- 
chases gold  bars,  gold-quartz  or  gold  bullion  or  mineral 
containing  gold,  who  fails  at  the  time  of  the  transaction  to 
enter  in  a  register  kept  by  him  for  that  purpose,  in  the 
English  language,  the  date,  duration,  amount,  and  rate  of 
interest  of  every  loan  made  by  him,  or  an  accurate  descrip- 
tion of  the  property  pledged,  or  estimated  value  of  the  prop- 
erty purchased,  or  the  name  and  residence  of  the  pledgor  or 
seller,  or  to  deliver  to  the  pledgor  or  seller  a  written  copy 
of  such  entry,  or  to  keep  an  account  in  writing  of  all  sales 
made  by  him,  is  guilty  of  a  misdemeanor.  [Amendment  ap- 
proved 1909;  Stats.  1909,  p.  367.] 

This  section  applies  to  junk  dealers:  See  post,  §  344. 
Legislation  §  339.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1861  p.  184,  §  1),  and  then  read:  "Every  person  who  carries  on  the 
business  of  a  pawnbroker,  who  fails  at  the  time  of  the  transaction 
to  enter  in  a  register  kept  by  him  for  that  purpose,  in  the  English 
language,  the  date,  duration,  amount,  and  rate  of  interest  of  every 
loan  made  by  him,  or  an  accurate  description  of  the  property 
pledged,  or  the  name  and  residence  of  the  pledgor,  or  to  deliver  to 
the  pledgor  a  written  copy  of  such  entry,  or  to  keep  an  account  in 
writing  of  all  sales  made  by  him,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1909,  p.  367;  the  act  amending  this  section 
and  §  343,    post,    contained    a    section    reading,    "Sec.  3.     Providing 


145  PAWNBROKERS.  §  343 

that  nothiug  in  tliis  act  shall  apjily  to  ])ers()iis  or  corjioratious  iloiug 
a  banking  business  in  this  state." 

§  340.  Pawnbrokers,  what  interest  may  charge.  Every 
pawn])roker  who  charges  or  receives  interest  at  the  rate  of 
more  than  two  per  cent  per  month,  or  who  by  charging 
commissions,  discount,  storage,  or  other  charge,  or  by  com- 
pounding increases,  or  attempts  to  increase,  such  interest, 
is  guilty  of  a  misdemeanor.  [Amendment  approved  1881 ; 
Stats.  1881,  p.  75.] 

Legislation  §  340.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1S61,  p.  184,  §  3),  and  then  had  the  words  "four  per  cent"  instead  of 
"two  per  cent,"  as  at  present. 

2.  Amended  by  Stats.  1881,  p.  75. 

§  341.  Selling  before  time  of  redemption  has  expired,  or 
without  notice.  Every  paAvnbroker  who  sells  any  article 
pledged  to  him  and  unredeemed,  until  it  has  remained  in 
his  possession  six  months  after  the  last  day  fixed  by  contract 
for  redemption,  or  who  makes  any  sale  without  publishing 
in  a  newspaper  printed  in  the  city,  town,  or  county,  at  least 
five  days  before  such  sale,  a  notice  containing  a  list  of  the 
articles  to  be  sold,  and  specifying  the  time  and  place  of  sale, 
is  guilty  of  a  misdemeanor. 

Legislation  §  341.     Enacted  February  14,  1872  (Field's  Draft,  §  403, 

N.  y.  Pen.  Code,  §  355);  based  on  Stats.  1861,  p.  184,  §  4. 

§  342.  Refusing  to  disclose  particulars  of  sale.  Every 
pawnbroker  who  willfully  refuses  to  disclose  to  the  pledgor 
or  his  agent  the  name  of  the  purchaser  and  the  price  re- 
ceived by  him  for  any  article  received  by  him  in  pledge  and 
subsequently  sold,  or  who,  after  deducting  from  the  pro- 
ceeds of  any  sale  the  amount  of  the  loan  and  interest  due 
thereon,  and  four  per  cent  on  the  loan  for  expenses  of  sale, 
refuses,  on  demand,  to  pay  the  balance  to  the  pledgor  or  his 
agent,  is  guilty  of  a  misdemeanor. 

This  section  applies  to  junk  dealers:   See  post,  §  344. 

Legislation  §  342.  Enacted  February  14,  1872;  based  on  Stats. 
1861,  p.  184. 

§  343.  Inspection  of  register  by  officer.  Every  pawn- 
broker or  person  who  purchases  gold  bullion,  gold  bars  or 
gold-quartz  or  mineral  containing  gold,  wlio  fails,  refuses, 
or  neglects  to  produce  for  inspection  his  register,  or  to  ex- 
hibit all  articles  received  by  him  in  pledge,  or  his  account 
of  sales,  to  any  officer  holding  a  warrant  authorizing  him 
to  search  for  personal  property  or  to  any  person  appointed 
by  the  sheriff  or  head  of  the  police  department  of  any  city, 

Pen.  Code — 10 


§  344  I'ENAIv   CODE.  141) 

fily  ;iii(l  I'oiiiily  oi'  town,  or  <iii  order  of  a  coinniitliim  inaj^is- 
ti'atc  (lircctiiiii'  .siicli  ot'Hcor  to  in.s])eet  such  ro<;istei".  or  exani- 
iiu;  .siH'li  articles  or  account  oi"  sales,  is  guilty  of  a 
misilenicaiior.      |  Aiiicndniciit    approved    1!)()I);    Stats.    1909, 

p.  ;uu.] 

This  section  applies  to  junk  dealers:  See  post,  §  344. 

Legislation  §  343.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1861,  p.  184,  §  6),  and  then  read:  "Every  pawnbroker  who  fails,  re- 
fuses, or  neglects  to  produce  for  inspection  his  register,  or  to  exhiljit 
all  articles  received  by  him  in  pledge,  or  his  account  of  sales,  to  any 
officer  holding  a  warrant  authorizing  him  to  search  for  personal 
property,  or  the  order  of  a  committing  magistrate  directing  such 
officer  to  inspect  such  register,  or  examine  such  articles  or  account 
of  sales,  is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  452;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  668,  adding  "or  appointed  by  the 
sheriff  of  the  county  or  the  head  of  the  police  department  of  any 
city,  city  and  county,  or  town  to  inspect  such  register,  or  examine 
such  articles  or  account  of  sales,"  before  "is  guilty,"  at  end  of 
section. 

4.  Amended  by  Stats.  1909,  p.  367;  the  act  amending  this  section 
and  §  339,  ante,  contained  a  section  reading,  "Sec.  3.  Providing 
that  nothing  in  this  act  shall  apply  to  persons  or  corporations  doing 
a  banking  business  in  this  state." 

§  344.  Junk  dealers,  application  of  code  sections  to.  Sec- 
tions three  hundred  and  thirty-nine,  and  three  hundred  and 
forty-two,  and  three  hundred  and  forty-three  of  the  Penal 
Code  are  applicable  to  the  persons  carrying  on  the  business 
of  junk  dealers,  their  clerks,  employees,  or  servants,  and  to 
persons  acting  as  brokers  or  commission  agents  for  such 
persons,  and  apply  to  their  transactions  of  purchase  and  sale 
as  well  as  to  those  of  pledge  or  mortgage. 

Legislation  §  344.  1.  Enacted  February  14,  1872,  as  §  502,  \and 
then  read:  "502.  Sections  339,  342,  and  343  of  the  Penal  Code  are 
applicable  to  persons  carrying  on  the  business  of  .junk  d'ealers,  and 
apply  to  their  transactions  of  purchase  and  sale,  as  well  as  to  those 
of  pledge  or  mortgage." 

2.  Repealed  by  Stats.  1901,  p.  75,  and  added  as  a  new  section, 
numbered  344,  reading  as  the  text  supra,  by  the  act  repealing  §  502. 

3.  Addition  by  Stats.  1901,  p.  452;  unconstitutional.  See  note, 
§  5,  ante.     See  post.  Legislation  §  502. 


147  OTHER  INJURIES  TO  PERSONS.  §  347 

CHAPTER  XII. 
other  Injuries  to  Persons. 

§  346.     Acts   of   intoxicated   physicians. 

§  347.     Willfully   poisoning  food,  medicine,   or  water. 

§  347a.  Poisonous    substance,   how    sold    and   labeled.     To    whom    sold. 
-  Entry  of  sale  to  be  made.     Penalty.     Not  to  apply  to  pre- 
scriptions. 

§  348.     Mismanagement  of  steamboats. 

§  349.     Mismanagement   of   steam-boilers. 

§  349a.  Misrepresenting  kind  of  labor  employed  in  producing  goods. 
Penalty. 

§  349b.  Use  of  registered  trade-mark. 

§  349c.  Misrepresentations  regarding  emploj^ment  of  union  labor. 

§  350.     Counterfeiting  trade-marks. 

§  351.     Selling  goods  which  bear  counterfeit  trade-marks. 

§  352.     Definition   of   the   phrase   "counterfeited   trade-marks,"   etc. 

§  353.     "Trade-mark"   defined. 

§  354.     Eefilling  casks,  etc.,  bearing  trade-mark. 

§  354i{..  Selling   or   refilling   casks,   etc.,   containing  trade-mark. 

§  354%.  Destroying   or   defacing   trade-mark. 

§  355.  Defacing  marks  upon  wrecked  property  and  destroying  bills 
of  lading. 

§  356.     Defacing  marks  upon  logs,  lumber,  or  wood. 

§  357.  Changing  or  defacing  marks  or  brands  on  domestic  animals. 
Penalty. 

§  3571/^.  Changing  or  defacing  brands  on  domestic  animals,  a  mis- 
demeanor. 

§  358.     Frauds  in  affairs  of  special  partnership. 

§  359.     Contracting  or  solemnizing  incestuous  or  forbidden  marriages. 

§  360.  Performing  marriage  ceremony  before  license  is  presented. 
Failure  to  record  license  and  marriage  certificate.  False 
record  of  marriage  return. 

§  361.     Cruel   treatment   of  lunatics,   etc. 

§  362.     Eefusing  to  issue  or  obey  writ  of  habeas  corpus. 

§  363.     Eeconfining   persons   discharged   upon    writ    of   habeas    corpus. 

§  364.     Concealing  persons  entitled  to  benefit  of  habeas  corpus. 

§  365.  Innkeepers  and  carriers  refusing  to  receive  guests  and  passen- 
gers. 

§  366.     Counterfeiting  quicksilver  stamps. 

§  367.     Selling   debased   quicksilver. 

§  367a.  Unauthorized  use   of  dramatic  or  musical  compositions. 

§  367b.  Hazing,   a  misdemeanor. 

§  367c.  Duty   of  drivers  of  vehicles  in   collision.     Penalty. 

§  367d.  Driving  automobile  while   intoxicated. 

§  367e.  Intoxicated  automobile  driver  committing  acts  of  negligence. 

§  346.  Acts  of  intoxicated  physicians.  Every  physician 
Avho,  in  a  state  of  intoxication,  does  any  act  as  such  physi- 
cian to  another  person  by  which  the  life  of  such  other  per- 
son is  endangered,  is  gnilty  of  a  misdemeanor. 

Legislation  §  346.     Enacted   February   14,   1872;    based   on   Field's 

Draft,  §  404,  N.  Y.  Pen.  Code,  §  357. 

§  347.     Willfully    poisoning    food,'  medicine,    or    water. 

Every  person  who  willfully  mingles  any  poison  with  any 


§  847a  PENAL  CODE.  148 

food,  (li'iiik,  01-  iiKHliciiic.  with   inlciit   tli;it   llic  sfiiiic  sliall  1)0 
tfikoji  by  i\]\y  hiuuan  heinii',  to  liis  iiijiiiy,  and  ever}'  person 
who  willTnlly  poisons  any  spring,  well,  or  reservoir  of  water, 
is  pnnishable  by  imprisonment  in  the  state  prison  for  a  terra 
not  less  than  one  nor  nioi'o  than  ten  years. 
Kegulation  of  sale  of  poisons:   See  i>ost,  §  347:i. 
Legislation  §  347.     Enacted   February   14,   1872;    based   on   Field's 
Draft,  §  405,  N.  Y.  Pen.  Code,  §  358;  also  based  on  Stats.  1856,  p.  131, 
§  3.     The  code  commissioners  say:  "Founded  upon  §  3  of  act  of  185G, 
relative  to  offenses  against  the  person  (Stats.  1856,  p.  131),  and  ex- 
tended to  include  cases  deserving  like  punishment." 

§  347a.  Poisonous  substance,  how  sold  and  labeled.  To 
whom  sold.  Entry  of  sale  to  be  made.  Penalty.  Not  to 
apply  to  prescriptions.  No  person  must  retail  any  arsenic, 
corrosive  sublimate,  hydrocyanic  acid,  cyanide  of  potassium, 
strychnia,  essential  oil  of  bitter  almonds,  opium,  aconite, 
belladonna,  conium,  nux  vomica,  henbane,  tansy,  savin,  ergot, 
cottonroot,  digitalis,  chloroform,  chloral  hydrate,  or  any 
preparation,  comi^ound,  salt,  extract  or  tincture,  of  such  sub- 
stances, except  preparations  of  opium  containing  less  than 
two  grains  to  the  fluid  ounce,  white  precipitate,  red  precipi- 
tate, red  and  green  iodides  of  mercury,  colchicum,  canthar- 
ides,  oxalic  acid,  croton-oil,  sulphate  of  zinc,  sugar  of  lead, 
carbolic  acid,  sulphuric  acid,  muriatic  acid,  nitric  acid,  phos- 
phorus, or  any  preparation,  compound,  salt,  extract,  or  tinc- 
ture, of  such  substances,  without  first  distinctly  labeling  the 
bottle,  box,  vessel,  or  package,  and  the  wrapper  or  cover 
thereof  in  which  such  substance  is  contained,  with  the  com- 
mon or  usual  name  thereof,  together  with  the  word  "poison," 
and  the  name  and  place  of  business  of  the  seller.  Nor  must 
any  such  sale  be  made  to  any  person,  unless  it  is  found,  on 
due  inciuiry,  that  he  is  aware  of  its  poisonous  character,  and 
that  it  is  to  be  used  for  a  legitimate  purpose.  Nor  must  any 
person  retail  any  of  such  substances,  unless,  before  deliver- 
ing the  same,  he  makes,  or  causes  to  be  made,  in  a  book  kept 
for  that  purpose  only,  an  entry  stating  the  date  of  the  sale, 
the  name  and  address,  of  the  purchaser,  the  name  and 
(luaiitity  of  the  substance  sold,  the  purpose  for  which  it  is 
stated  by  the  purchaser  to  be  required,  and  the  name  of  the 
dispenser.  Such  book  must  always  be  open  to  inspection 
by  the  proper  authorities.  A  person  dispensing  any  of  the 
sul; stances  enumerated  must  ascertain,  by  due  inquiry, 
whether  the  name  and  address  given  by  the  person  receiving 
the  same  are  his  true  name  and  address,  and  for  that  pur- 
pose may  require  such  person  to  be  identified.  Every  per- 
son who  violates  any  of  the  provisions  of  this  section  is 
guilty  of  a  misdemeanor,  and  punishable  by  a  fine  not  ex- 


149  OTHER  INJURIES  TO  PERSONS.  §  349a 

ceeding  five  hundred  dollars  or  by  imprisonment  in  the 
county  jail  not  exceeding  six  months,  or  by  both  such  fine 
and  imprisonment.  Nothing  in  this  section  contained  ap- 
plies to  the  prescriptions  of  any  physician  authorized  to 
practice  medicine  under  the  laws  of  this  state. 

Legislation  §  3-i7a.     1.  Addition  by  Stats.  1901,  p.  -i'l'i;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.   1905,  p.   765;   the   code  commissioner  saying, 
"This  is  a  codification  of  the  statute  of  ISSO,  p.  102." 

§  348.  Mismanagement  of  steamboats.  Every  captain  or 
other  person  having  charge  of  any  steamboat  used  for  the 
conveyance  of  passengers,  or  of  the  boilers  and  engines 
thereof,  who,  from  ignorance  or  gross  neglect,  or  for  the 
purpose  of  excelling  any  other  boat  in  speed,  creates,  or 
allows  to  be  created,  such  an  undue  quantity  of  steam  as  to 
burst  or  break  the  boiler,  or  any  apparatus  or  machinery 
connected  therewith,  liy  which  bursting  or  breaking  human 
life  is  endangered,  is  guiltj^  of  a  felon3^  [Amendment  ap- 
proved 1874;  Code  Amdts.  1873-74,  p.  431.] 

Mismanagement  of  steam-boiler:  See  post,  §§  349,  368. 
Legislation  §  348.     1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  407,  N.  Y.  Pen.  Code,  §§  360,  361),  and  then  had  the  word 
"misdemeanor"  instead  of  "felony,"  at  end  of  section. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  431. 

3.  Amendment  by  Stats.  1901,  p.  453;  unconstitutional.     See  note, 
§  5,  ante. 

§  349.  Mismanagement  of  steam-boilers.  Every  engineer 
or  other  person  having  charge  of  any  steam-boiler,  steam- 
engine,  or  other  apparatus  for  generating  or  employing 
steam,  used  in  any  manufactory,  railway,  or  other  mechani- 
cal works,  who  willfully,  or  from  ignorance,  or  gross  neglect, 
creates,  or  allows  to  be  created,  such  an  undue  cpiantity  of 
steam  as  to  burst  or  break  the  boiler  or  engine,  or  apparatus, 
or  cause  any  other  accident  Avhereby  human  life  is  endan- 
gered, is  guilty  of  a  felony.  [Amendment  approved  1874; 
Code  Amdts.  1873-74,  p.  431.] 

Mismanagement  of  steam-boiler:  See  ante,  §  348;  post,  §  368. 
As  to  personal  injuries,   see   Civ.   Code,   §§  43,  1708,   1714,   1969- 
1971,   2096,  2100. 

Legislation  §  349.     1.  Enacted  February  14, 1872  (based  on  Field's 
Draft,  §408,  N.  Y.  Pen.  Code.  §  362),  and  then  had  the  word  "mis- 
demeanor" instead  of  "felony,"  at  end  of  section. 
2.  Amended  by  Code  Amdts.  1873-74,  p.  431. 

§  349a.  Misrepresenting  kind  of  labor  employed  in  pro- 
ducing goods.  Penalty.  Any  person  engaged  in  the  pro- 
duction, manufacture,  or  sale  of  any  article  of  merchandise 
in  this  state,  who,  by  any  imi)rint.  label,  trade-mark,  tag. 


§  349b  PENAL    CODE.  150 

stiinip,  ov  ollici"  ins('ri{)tion  or  (U^vicc,  jjlaced  or  iiiij)r(;ssed 
upon  such  article,  or  upon  the  cask,  box,  ease,  or  paelca^e 
eontaiuiiiy  the  same,  misrepresents  or  falsely  states  the  kind, 
character,  or  nature  of  the  labor  employed  or  used,  or  the 
extent  of  the  labor  employed  or  used,  or  the  number  or  kind 
of  persons  exclusively  employed  or  used,  or  that  a  particular 
or  distinctive  class  or  character  of  laborers  was  wholly  and 
exclusively  employed,  when  in  fact  another  class,  or  char- 
acter, or  distinction  of  laliorers  was  used  or  employed  either 
jointly  or  in  any  wise  supplementary  to  such  exclusive  class, 
character,  or  distinction  of  laborers,  in  the  production  or 
manufacture  of  the  article  to  which  such  imprint,  label, 
trade-mark,  tag,  stamp,  or  other  inscription  or  device  is 
affixed,  or  upon  the  cask,  box,  case  or  package,  containing 
the  same,  is  guilty  of  a  misdemeanor,  and  punishable  by  a 
fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for 
not  less  than  twenty  nor  more  than  ninety  days,  or  both. 
[Amendment  approved  1911;  Stats.  1911,  p.  357.] 

Legislation  §  349a.  1.  Addition  by  Stats.  1901,  p.  454;  uneonsti- 
tutioual.     See  note,  §  5,  ante. 

2,  Added  by  Stats.  1905,  p.  669;  the  code  commissioner  saying, 
"This  is  a  codification  of  the  statute  of  1886-87,  p.  17." 

3.  Amended  by  Stats.  1911,  p.  357.  The  former  section  applied 
only  to  articles  made  "in  whole  or  in  part  in  this  state"  and  the 
mininmm  fine  was  fifty  dollars. 

§  349b,  Use  of  registered  trade-mark.  Any  trade  union, 
labor  association,  or  labor  organization,  organized  and  ex- 
isting in  this  state,  whether  incorporated  or  not,  which  shall 
have  adopted  and  registered  a  label  or  trade-mark  in  accord- 
ance with  the  provisions  of  section  three  thousand  two 
hundred  of  the  Political  Code,  shall  have  the  exclusive 
right  to  the  ownership,  use  and  control  of  such  label  or 
trademark,  and  any  person  who,  without  having  an  unre- 
voked written  authority  from  such  trade  union,  labor  asso- 
ciation or  labor  organization,  willfully  reproduces,  copies, 
imitates,  forges  or  counterfeits,  or  procures  to  be  repro- 
duced, copied,  imitated,  forged  or  counterfeited  such  label 
or  trade-mark,  with  intent  to  sell  or  to  assist  other  persons 
to  sell,  any  goods  to  which  such  reproduced,  copied,  imi- 
tated, forged,  or  counterfeited  label  or  trade-mark  is  affixed 
as  having  been  made,  manufactured  or  produced  in  whole 
or  in  part  by  labor,  laborers  or  employees,  members  of  or 
allied  or  associated  with  such  trade  union,  labor  associa- 
tion or  labor  organization,  is  guilty  of  a  misdemeanor,  and 
punishable  by  a  fine  of  not  more  than  five  hundred  dollars 


151  OTHER  INJURIES  TO  PERSONS.  §  350 

or  by  imprisonment  in  the  county  jail  for  not  more  than 
ninety  days,  or  by  both  such  line  and  imprisonment.- 
Legislation  §  349b.     Added  by  Stats.  1915,  p.  816. 

§  349c.  Misrepresentations  regarding"  employment  of 
union  labor.  Any  person  engaged  in  the  j^roduction,  manu- 
facture or  sale  of  any  article  of  merchandise  in  this  state, 
or  any  person  engaged  in  the  performance  of  any  acts  or 
services^of  a  private,  public  or  quasi-public  nature  for  profit, 
who  willfully  misrepresents  or  falsely  states  that  members 
of  trades  unions,  labor  associations  or  labor  organizations 
were  engaged  or  employed  in  the  manufacture,  production 
or  sale  of  such  article  or  in  the  performance  of  such  acts 
or  services,  when  in  fact  labor,  laborers  or  employees  not 
members  of  trades  unions,  labor  associations  or  labor  or- 
ganizations were  exclusively  used  in  the  manufacture,  pro- 
duction or  sale  of  such  articles  or  in  the  performance  of 
such  acts  or  service,  shall  be  guilty  of  a  misdemeanor,  and 
punishable  by  a  fine  of  not  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not  more  than 
ninety  days,  or  by  both  such  fine  and  imprisonment. 
Legislation  §  349c.     Added  by  Stats.  1915,  p.  816. 

§  350.  Counterfeiting  trade-marks.  Every  person  who 
willfull}^  reproduces,  copies,  imitates,  forges,  or  counter- 
feits, or  procures  to  be  reproduced,  copied,  imitated,  forged, 
or  counterfeited,  any  trade-mark  usually  affixed  by  anj^  per- 
son to  his  goods,  which  has  been  duly  recorded  in  the  office 
of  the  secretary  of  state,  or  with  the  commissioner  of  patents 
in  the  United  States  patent-office,  or  any  label  or  brand, 
composed  in  whole  or  in  part  of  a  reproduction  of  said 
trade-mark,  or  who  affixes  the  same  to  goods  of  essentially 
the  same  descriptive  properties  and  qualities  as  those  re- 
ferred to  in  the  registration  of  such  trade-mark,  with  intent 
to  pass  off,  or  to  assist  other  persons  to  pass  off,  any  goods 
to  which  such  reproduced,  copied,  imitated,  forged,  or  coun- 
terfeited trade-mark,  or  label,  or  brand  is  affixed,  or  in- 
tended to  be  affixed,  as  the  goods  of  the  person,  firm,  com- 
pany, or  corporation  owning  the  said  trade-mark,  is  guilty 
of  a  misdemeanor.  [Amendment  approved  1897 ;  Stats. 
1897,  p.  212.] 

Fraud  in  stamping  and  labeling  produce  and  manufactured  goods, 
prevention  of:   See  ante,  §  o49a. 

Trade-marks:  See  Civ.  Code,  §§655,  991;  Pol.  Code,  §§  3196-3201. 

Legislation  §  350.  1.  Enacted  February  14,  1872;  (Field's  Draft, 
§  410,  N.  Y.  Pen.  Code,  §  364.)  The  code  commissioners  say:  "This 
and  the  three  succeeding  sections  are  based  on  the  act  of  March  3, 
1853.     (Stats.   1853.   p.  33.)      TheH-   object   is  the  protection   of  the 


§  352  PENAL   CODK.  152 

purchaser  as  well  as  the  iiKiiuifacturer,  and  for  this  reason  include 
within  their  scope  everything  that  falls  within  the  broadest  defi- 
nition of  'iratle-niark.'  The  roniiiining  soi'tions  of  this  cliapter. 
relative  to  trade-marks,  arc  based  upon  the  act  of  April  3,  1863 
(Stats.  1SG3,  p.  155),  and  are  limited  in  their  operation  to  the  statu- 
tory trade-marks,  etc.  (N.  Y.  Pen.  Code,  [Field's  Draft,}  §§  410, 
412)."  When  enacted  in  1872,  §  350  read:  "Every  person  who  will- 
fully forges  or  counterfeits,  or  procures  to  be  forged  or  counter- 
feited, any  trade-mark  usually  affixed  by  any  person  to  his  goods, 
with  intent  to  pass  off  any  goods  to  which  such  forged  or  counter- 
feited trade-mark  is  affixed  or  intended  to  be  affixed,  as  the  goods 
of  such  person,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1885,  p.  57,  adding,  after  "to  his  goods," 
the  words  "which  has  been  duly  recorded  in  the  office  of  the  secre- 
tary of  state." 

3.  Amended  by  Stats.  1897,  p.  212. 

§  351.     Selling  goods  which  tear  counterfeit  trade-marks. 

Every  person  Avho  sells,  or  keeps  for  sale,  or  maniifaetures 
or  prepares,  for  the  purpose  of  sale,  any  goods  npon  or  to 
which  any  reproduced,  copied,  imitated,  forged,  or  counter- 
feited trade-mark,  or  label,  or  brand,  composed  in  -whole  or 
in  part  of  such  a  reproduced,  copied,  imitated,  forged,  or 
counterfeited  trade-mark,  has  been  affixed,  after  such  trade- 
mark has  been  recorded  in  the  office  of  the  secretary  of  state, 
or  with  the  commissioner  of  patents  in  the  United  States 
patent-office,  intending  to  represent  such  goods  as  the 
genuine  goods  of  the  person,  firm,  company,  or  corporation 
owning  the  said  trade-mark,  knowing  the  same  to  be  repro- 
duced, copied,  imitated,  forged,  or  counterfeited,  is  guilty  of 
a  misdemeanor.  [Amendment  approved  1897 ;  Stats.  1897, 
p.  213.] 

Genuineness  of  trade-mark  warranted  by  sale  of  article  beaming 
it:    Civ.   Code,  §  1772. 

Legislation  §  351.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §412,  N.  Y.  Pen.  Code,  §364),  and  then  read:  "Every  person 
who  sells  or  keeps  for  sale  any  goods  upon  or  to  which  any  counter- 
feited trade-mark  has  been  affixed,  intending  to  represent  such  goods 
as  the  genuine  goods  of  another,  knowing  tlie  same  to  be  counter- 
feited, is  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1885,  p.  57,  adding,  after  "has  been 
affixed,"  the  words  "after  such  trade-mark  has  been  recorded  in  the 
office  of  the  secretary  of  state." 

3.  Amended  by  Stats.  1897,  p.  213. 

§  352.  Definition  of  the  phrase  "counterfeited  trade- 
marks," etc.  The  phrases  "forged  trade-mark"  and  "coun- 
terfeited trade-mark,"  or  their  equivalents,  as  used  in  this 
chapter,  include  every  alteration  or  imitation  of  any  trade- 
mark so  resembling  the  original  as  to  be  likely  to  deceive. 
Legislation  §  352.     Enacted  February  14,  1872. 


153  OTHER  INJURIES  TO  PERSONS.  §3541/2 

§353.  "Trade-mark"  defined.  The  phrase  "trade-mark," 
as  used  in  the  three  [four]  preceding  sections,  includes 
every  description  of  word,  letter,  device,  emblem,  stamp,  im- 
print, brand,  printed  ticket,  labe.l,  or  wrapper  iisually  affixed 
by  any  mechanic,  manufacturer,  druggist,  merchant,  or 
tradesman,  to  denote  any  goods  to  be  goods  imported,  manu- 
factured, produced,  compounded,  or  sold  by  him,  other  than 
any  name,  word,  or  expression  generally  denoting  any  goods 
to  be  of  some  particular  class  or  description. 

Legislation  §  353.     Enacted  February   14,   1872;   based   on   Field's 

Draft,  §  414  (26  Vict.,  c.  Ixxxviii,  §  1),  N.  Y.  Pen.  Code,  §  366. 

§  354.  Refilling  casks,  etc.,  bearing  trade-mark.  Every 
person  who  has  in'  his  possession,  o'"  who  uses  any  cask, 
bottle,  vessel,  case,  cover,  label,  brand,  or  other  thing  bear- 
ing, or  having  in  any  way  connected  with  it,  the  trade-mark 
of  another,  which  has  been  duly  recorded  in  the  office  of  the 
secretary,  of  state,  or  with  the  commissioner  of  patents  in 
the  United  States  patent-office,  or  the  trade  name  of  an- 
other, for  the  purpose  of  disposing  of  any  article  other  than 
that  which  such  cask,  bottle,  vessel,  case,  cover,  label,  brand, 
or  other  thing  originally  contained,  or  is  connected  with  by 
the  owner  of  such  trade-mark  or  trade  name,  with  intent  to 
deceive  or  defraud,  is  guilty  of  a  misdemeanor.  [Amend- 
ment approved  1897;  Stats.  1897,  p.  213.] 
Counterfeiting  trade-marks:   Ante,  §§350,  351. 

Legislation  §  354.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1863,  p.  155,  §  6),  and  then  read:  "Every  person  who  has  or  uses 
any  cask,  bottle,  vessel,  case,  cover,  label,  or  other  thing  bearing 
or  having  in  any  way  connected  with  it  the  duly  filed  trade-mark 
or  name  of  another,  for  the  purpose  of  disposing  with  intent  to 
deceive  or  defraud  of.  any  article  other  than  that  which  such  cask, 
bottle,  vessel,  case,  cover,  label,  or  other  thing  originally  contained 
or  was  connected  with  by  the  owner  of  such  trade-mark  or  name, 
is  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1897,  p.  213. 

§  3541/2-  Selling  or  refilling  casks,  etc.,  containing  trade- 
mark. Every  person  Avho  willfully  sells,  or  traffics  in  any 
cask,  keg,  bottle,  vessel,  siphon,  can,  case,  or  other  package 
l:)earing  the  duly  filed  trade  mark  or  name  of  another, 
printed,  branded,  stamped,  engraved,  etched,  blown,  or 
otherwise  attached  or  produced  thereon,  or  refills  any  such 
cask,  keg,  bottle,  vessel,  siphon,  can,  case,  or  other  package 
with  intent  to  defraud  the  owner  thereof,  without  the  con- 
sent of  the  owner  thereof,  or  unless  the  same  shall  have  been 
purchased  from  the  owner  thereof,  is  guilty  of  a  misde- 
meanor. 


§  357  PJCNAL   CODE,  154 

Legislation  §  3541/2.     1-  Added^by  Stafs.  1899,  p.  103. 
2.  Amendment  by  Stats.  1901,  p.  454,  the  only  change  made  being 
to  renumber  the  section  H'iJa;  unconstitutional.     See  note.  §  5,  ante. 

§  354%.  Destroying  or  defacing  trade-mark.  P^very  per- 
son who  shall  willfully  deface,  erase,  obliterate,  cover  up,  or 
otherwise  remove,  destroy,  or  conceal  the  duly  filed  trade- 
mark or  name  of  another,  printed,  branded,  stamped,  en- 
graved, etched,  blown,  impressed,  or  otherwise  attached  to, 
or  produced  upon  any  cask,  keg:,  bottle,  vessel,  siphon,  can, 
case,  or  other  package,  for  the  purpose  of  selling  or  traffick- 
ing in  such  cask,  keg,  bottle,  vessel,  siphon,  can,  case,  or 
other  package,  or  refilling  such  cask,  keg,  bottle,  vessel, 
siphon,  can,  case,  or  other  package,  with  intent  to  defraud 
the  owner  thereof,  without  the  consent  of  the  owner,  or  un- 
less the  same  shall  have  been  purchased  from  the  owner,  is 
guilty  of  a  misdemeanor. 

Legislation  §3543/4.     1.  Added  by  Stats.  1899,  p.  87. 

2.  Amendment  by  Stats.  1901,  p.  454,  the  only  change  made  being 
to  renumber  the  section  354b;  unconstitutional.     See  note,  §  5,  ante 

§  355.  Defacing  marks  upon  wrecked  property  and  de- 
stroying bills  of  lading.  Every  person  who  defaces  or  ob- 
literates the  marks  upon  wrecked  property,  or  in  any  man- 
ner disguises  the  appearance  thereof,  with  intent  to  prevent 
the  owner  from  discovering  its  identity,  or  who  destroys  or 
suppresses  any  invoice,  bill  of  lading,  or  other  document 
tending  to  show  the  ownership,  is  guilty  of  a  misdemeanor. 

Wrecks  and  wrecked  property:  Pol.  Code,  §§  2403  et  seq. 

Legislation  §  355.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  420,  N.  Y.  Pen.  Code,  §  372. 

§  356.     Defacing    marks    upon    logs,    lumber,    or   wood. 

Every  person  Avho  cuts  out,  alters,  or  defaces  any  mark  made 
upon  any  log,  lumber,  or  wood,  or  puts  a  false  mark  thereon 
with  intent  to  prevent  the  owner  from  discovering  its  iden- 
tity, is  guilty  of  a  misdemeanor. 

Floating  lumljer:  Pol.  Code,  §§  2389  et  seq. 

Legislation  §  356.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  421,  N.  Y.  Pen.  Code,  §  373. 

§  357.  Changing  or  defacing  marks  or  brands  on  domes- 
tic animals.  Penalty.  Every  person  who  marks  or  brands, 
alters,  or  defaces  the  mark  or  brand  of  anj-  horse,  mare,  colt, 
jack,  jennet,  mule,  bull,  ox,  steer,  cow^,  or  calf  belonging  to 
another,  with  |ntent  thereby  to  steal  the  same,  or  to  prevent 
identification  thereof  by  the  true  owner,  is  punishable  by 
imprisonment  in  the  state's  prison  for  not  less  than  one  nor 
more  than  five  years.  [Amendment  approved  1901 ;  Stats. 
1901,  p.  329.] 


155  OTHER  INJURIES  TO  PERSONS.  §  360 

Marks  and  brands:  Pol.  Code,  §§  3167-3172,  31S2-31So. 

Legislation  §  357.  1.  Enacted  February  11,  1872;  based  on  Crimes 
and  Piiuishinent  Act,  Stats.  1850,  p.  235,  §  65,  whicli  read:  "§65. 
Every  person  who  shall  mark  or  brand,  alter  or  deface  the  mark 
or  brand  of  any  horse,  mare,  colt,  jack,  jennet,  mule,  or  any  one  or 
more  head  of  neat  cattle  or  sheep,  goat,  hog,  shoat,  or  pig,  not  his 
or  her  own  property,  but  belonging  to  some  other  person,  or  cause 
the  same  to  be  done,  with  intent  thereby  to  steal  the  same,  or  to 
prevent  identification  thereof  by  the  true  owner,  shall,  on  conviction 
thereof,  be  punished  by  imprisonment  in  the  state  prison  for  a  term 
not  less  than  one  year,  nor  more  than  five  years."  When  enacted 
in  1872,  the  section  contained  the  names  of  other  animals,  after 
"calf,"  to  wit,  "sheep,  goat,  hog,  shoat  or  pig." 

2.  Amended  by  Stats.  1901,  p.  329. 

§  3571/2-  Changing  or  defacing  brands  on  domestic  ani- 
mals, a  misdemeanor.  Every  person  who  marks  or  brands, 
alters  or  defaces  the  mark  or  brand  of  any  sheep,  goat,  hog, 
shoat,  or  pig  belonging  to  another,  with  intent  thereby  to 
steal  the  same,  or  to  prevent  identification  thereof  by  the 
tn^e  owner,  is  guilty  of  a  misdemeanor. 

Legislation  §  3571/2.     Added  by  Stats.  1901,  p.  327,  becoming  a  law, 

under  constitutional  provision,  without  governor's  approval. 

§  358.     Frauds  in  affairs  of  special  partnership.     Every 
member  of  a  special  partnersliip  who  commits  any  fraud  in 
the  affairs  of  the  partnership,  is  guilty  of  a  misdemeanor. 
Special  partnership:  See  Civ.  Code,  §§  2477  et  seq._ 
Legislation  §  358.     Enacted  February   14,   1872;    based   on   Field's 
Draft,  §  423,  N.  Y.  Pen.  Code,  §  375. 

§  359.  Contracting  or  solemnizing  incestuous  or  forbid- 
den marriages.  Every  person  authorized  to  solemnize  mar- 
riage, who  willfully  and  knowingly  solemnizes  any  incestu- 
ous or  other  marriage  forbidden  by  law,  is  punishable  by 
fine  of  not  less  than  one  hundred  nor  more  than  one  thou- 
sand dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  three  months  nor  more  than  one  year,  or  by  both. 

Incestuous  marriage  defined:  See  Civ.  Code,  §  59. 
Pimishment  of  parties  to  incestuous  marriage:  See  ante,  §  285. 
Legislation  §  359.     Enacted  February  14,  1872  (Field's  Draft,  §  424, 
N.  Y.  Pen.  Code,  §  376);  based  on  Stats.  1850,  p.  424,  §§  2,  3,  4. 

§  360.  Performing  marriage  ceremony  before  license  is 
presented.  Failure  to  record  license  and  marriage  certifi- 
cate. False  record  of  marriage  return.  Every  person  au- 
thorized to  solemnize  any  marriage,  who  solemnizes  such 
marriage  without  first  being  presented  with  the  marriage 
license,  as  required  by  section  seventy-two  of  the  Civil  Code 
of  this  state,  or  who  willfully  makes  a  false  return  of  any 
marriage  or  pretended  marriage  to  the  recorder;  or  who, 


§  363  PENAL    CODE.  15b 

liaviii.u  solciiini/cd  a  iiiarriaj-ic,  I'ails  for  iiioi-c  than  lliirty 
da.ys.  to  lilo  with  sucli  i-eeorder  tlie  inarria'je  license  with  the 
certiiieate  iiuloi'sed  thereon,  as  ve(|uii'ed  by  sections  seventy- 
three  and  seventy-four  of  the  Civil  Code  of  this  state;  and 
every  person  who  willfully  makes  a  false  record  of  any  mar- 
riage return,  is  punishable  as  provided  in  the  preceding 
section.      [Amendment  approved  1905;  Stats.  1905,  p.  669.] 

Certificate  of  marriage:  Civ.  Code,  §  73. 

Recording  certificate  of  marriage:  Civ.  Code,  §  74. 

Person  authorized  to  solemnize  marriage:  Civ.  Code,  §  70. 

Legislation  §  360.  1.  Enacted  February  14,  1872;  based  on  Stats. 
ISoO,  p.  42.",  §  11,  which  read:  "§  11.  If  any  person  authorized  to 
solemnize  any  marriage,  shall  willfully  make  a  false  return  of  any 
marriage,  or  pretended  marriage,  to  the  recorder,  or  if  the  recorder 
shall  willfully  make  a  false  record  of  any  return  of  a  marriage,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
fine  not  less  than  one  hundred  nor  more  than  ten  thousand  dollars, 
and  by  imprisonment  of  not  less  than  three  months  nor  more  than 
ten  years."  When  enacted  in  1872,  §  360  read:  "Every  person  au- 
thorized to  solemnize  any  marriage,  who  willfully  makes  a  false 
return  of  any  marriage  or  pretended  marriage  to  the  recorder,  and 
every  person  who  willfully  makes  a  false  record  of  any  marriage 
return,  is  punishable  as  provided  in  the  preceding  section." 

2.  Amendment  by  Stats.  1901,  p.  454 j  unconstitutional.  See  note 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  669;  the  code  commissioner  saying, 
"The  change  consists  of  the  clause  making  it  criminal  to  solemnize 
a  marriage  without  being  first  presented  with  a  marriage  license, 
and  the  clause  making  it  criminal  to  fail  to  file  for  record  the  mar- 
riage license  and  the  certificate  of  marriage.  The  last  of  these 
amendments,  besides  being  otherwise  proper,  is  necessary  in  order 
to  give  effect  to  the  amendment  to  §  79a  of  the  Civil  Code,  which 
provides  that  a  license  must  be  procured  in  every  case,  and  regard- 
less of  w^hether  the  parties  are,  or  are  not,  members  of  some  par- 
ticular religious  denomination  having,  as  such,  some  peculiar  mode 
of  celebrating  marriage." 

§  361.  Cruel  treatment  of  lunatics,  etc.  Every  person 
guilty  of  any  harsh,  cruel,  or  unkind  treatment  of,  or  any 
neglect  of  duty  towards,  any  idiot,  lunatic,  or  insane  person, 
is  guilty  of  a  misdemeanor. 

Legislation  §  361.     Enacted   February   14,   1872;   based   on   Field's 

Draft,  §  425,  N.  Y.  Fen.  Code,  §  377. 

§  362.     Refusing-  to  issue  or  obey  writ  of  habeas  corpus. 

Every  oiBcer  or  person  to  whom  a  writ  of  habeas  corpus 
may  be  directed,  who,  after  service  thereof,  neglects  or  re- 
fuses to  obey  the  command  thereof,  is  guilty  of  a  misde- 
meanor. 

Legislation  §  362.  Enacted  February  14,  1872;  based  on  Habeas 
Corpus  Act,  Stats.  1850,  p.  334,  §§  9,  39. 

§  363.  Reconfining  persons  discharged  upon  writ  of 
habeas  corpus.     Every  person  n^ho..  cither  solely  or  as  mem- 


157  OTHER  INJURIES  TO  PERSONS.  §  366 

ber  of  a  court,  kuowingiy  and  unlawfully  recommits,  im- 
prisons, or  restrains  of  his  liberty,  for  the  same  cause,  any 
person  who  has  been  discharged  upon  a  writ  of  habeas 
corpus,  is  guilty  of  a  misdemeanor. 

False  imprisonment;  See  ante,  §  236. 

Habeas  corpus,  writ  of:  Post,  §§  1473  et  seq. 

Legislation  §  363.  Enacted  February  14,  1872;  based  on  Habeas 
Corpus  Act,  Stats.  1S50,  p.  334.  The  code  commissioners  say:  "The 
word  'unlawfully'  is  inserted  to  exclude  from  the  operation  of  the 
section  a  class  of  cases  in  which  persons  discharged  may  be  rear- 
rested or  recommitted  for  the  same  offense." 

§  364.  Concealing  persons  entitled  to  benefit  of  habeas 
corpus.  Every  person  having  in  his  custody,  or  under  his 
restraint  or  power,  any  person  for  whose  relief  a  writ  of 
habeas  corpus  has  been  issued,  v/ho,  with  the  intent  to  elude 
the  service  of  such  writ  or  to  avoid  the  effect  thereof,  trans- 
fers such  person  to  the  custody  of  another,  or  places  him 
under  the  power  or  control  of  another,  or  conceals  or 
changes  the  place  of  his  confinement  or  restraint,  or  removes 
him  without  the  jurisdiction  of  the  court  or  judge  issuing 
the  writ,  is  guilty  of  a  misdemeanor. 

Habeas  corpus:   See  chapter  concerning  the  writ  of,  post,  §§  1473 

et  seq. 

Legislation  §  364.     Enacted  February  14, 1872  (Field's  Draft,  §  428, 

N.  Y.  Pen.  Code,  §3S0);  based  on  Habeas  Corpus  Act,  Stats.   1850, 

p.  337,  §  39. 

§  365.  Innkeepers  and  carriers  refusing"  to  receive  guests 
and  passengers.  Every  person,  and  every  agent  or  officer  of 
any  corporation  eariying  on  business  as  an  innkeeper,  or  as 
a  common  carrier  of  passengers,  who  refuses,  without  just 
cause  or  excuse,  to  receive  and  entertain  any  guest,  or  to 
receive  and  carry  any  passenger,  is  guilty  of  a  misdemeanor. 

Common  carriers  of  passengers:  Civ.  Code,  §§  2168-2176,  2180- 
2191. 

Innkeepers:  Civ.  Code,  §§  1859  et  seq. 

Act  punishing  refusal  to  sell  ticket:  See  post,  Appendix,  tit. 
"Emigration." 

Legislation  §  365.  1.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  429,  N.  Y.  Pen.  Code,  §  381. 

2.  Amendment  by  Stats.  1901,  p.  454;  unconstitutional.  See  note, 
§  5,  ante. 

§  366.  Counterfeiting  quicksilver  stamps.  Every  person 
who  counterfeits,  or  who  willfully  uses  the  counterfeited  seal 
or  stamp  of  any  person  engaged  in  manufacturing  or  selling 
quicksilver,  is  guilty  of  a  felony. 

Counterfeiting  trade-marks:  See  ante,  §§  350  et  seq. 
Legislation  §  366.     Enacted  February  14,  1872. 


§  3()7c  I'ENAL    CODE.  158 

§  367.  Selling  debased  quicksilver.  Every  person  wlio 
willfully  sells,  or  offers  for  sale  as  pure,  any  debased  or 
adulterated  qnieksilver,  is  guilty  of  a  misdemeanor. 

Frauds  in  stamping  and  labeling  produce  and  goods:   See  ante, 
§§  ;'.4n:i  et  seq. 

Legislation  §  367.     Enacted  February  14,  1872. 

§  367a.  Unauthorized  use  of  dramatic  or  musical  compo- 
sitions. Any  pei'son  who  causes  to  be  publicly  performed  or 
represented  for  profit  any  unpublished  or  undedicated  dra- 
matic composition  or  dramatic-musical  composition  known  as 
an  opera,  without  the  consent  of  its  owner  or  proprietor, 
or  who.  knowing  that  such  dramatic  or  musical  composition 
is  unpublished  or  undedicated,  and  without  the  consent  of 
its  owner  or  proprietor,  permits,  aids,  or  takes  part  in  such 
a  performance  or  representation,  or  who  sells  a  copy  or  a 
substantial  copy  of  any  unpublished,  undedicated  or  copy- 
righted dramatic  composition  or  musical  or  dramatic-musi- 
cal composition,  known  as  an  opera,  without  the  consent  of 
the  author  or  proprietor  of  such  dramatical  or  dramatic- 
musical  composition  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  fifty 
(50)  dollars,  and  not  more  than  three  hundred  (300)  dol- 
lars, or  be  imprisoned  for  not  less  than  thirty  (30)  days 
[in]  or  more  than  three  (3)  months,  or  both  such  fine  and 
imprisonment. 

Legislation  §  367a.     Added  by  Stats.  1905,  p.  248. 

§  367b.  Hazing,  a  misdemeanor.  Whosoever  being  a 
student,  or  being  a  person  in  attendance  at  any  public,  pri- 
vate, parochial,  or  military  school,  college,  or  other  educa- 
tional institution,  conspires  to  haze  or  engages  in  hazing  or 
commit  any  act  that  injures,  degrades  or  disgraces,  or  tends 
to  injure,  degrade,  or  disgrace  any  fellow-student  or  person 
attending  such  institution  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  fifty  nor 
more  than  five  hundred  dollars,  or  imprisoned  in  the  county 
jail  not  more  than  six  months,  or  both. 

Legislation  §  367b.     Added  by  Stats.  1907,  p.  8SS. 

§  367c.  Duty  of  drivers  in  vehicles  in  collision.  Penalty. 
Whenever  an  automobile,  motorcycle,  or  other  motor  vehi- 
cle, or  any  vehicle  whatsoever,  regardless  of  the  power  by 
which  the  same  may  be  propelled  or  drawn,  strikes  any  per- 
son, or  collides  with  any  vehicle  containing  a  person,  the 
driver  of,  and  all  persons  in,  such  automobile,  motorcycle  or 
other  motor  vehicle,  or  other  vehicle,  who  have  or  assume 


159  OTHER  INJURIES  TO  PERSONS.  §  367d 

authority  over  such  driver,  shall  immediately  cause  such 
automobile,  motorcycle,  or  other  motor  vehicle,  or  other 
vehicle,  to  stop,  and  shall  render  to  the  person  struck,  or  to 
the  occupants  of  the  vehicle  collided  with,  all  necessary 
assistance  including  the  carrying  of  such  person  or  occu- 
pant to  a  physician  or  surgeon  for  medical  or  surgical  treat- 
ment, if  such  treatment  be  required,  or  if  such  carrying  is 
requested  by  the  person  struck  or  the  occupant  of  the  vehi- 
cle struck ;  and  such  driver,  and  person  having  or  assuming 
authority  over  such  driver,  shall  further  give  to  the  occu- 
pants of  such  vehicle  or  person  struck,  the  number  of  such 
automobile,  motorcycle,  or  other  motor  vehicle,  if  the  same 
have  a  number,  together  with  the  name  and  address  of  the 
driver  of  such  automobile,  motorcycle  or  other  motor  vehi- 
cle, or  other  vehicle,  also  the  name  of  the  owner  thereof  and 
the  name  of  the  passenger ;  or  passengers  not  exceeding  five 
in  such  automobile,  mortorcycle,  or  other  motor  vehicle,  or 
other  vehicle  at  the  time  of  such  striking  or  collision.  Any 
person  violating  any  of  the  provisions  of  this  section  is 
punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing five  years  or  in  the  county  jail  not  exceeding  one  year, 
or  by  fine  not  exceeding  five  thousand  dollars,  or  by  both 
such  fine  and  imprisonment.  [Amendment  approved  1913 ; 
Stats.  1913,  p.  218.] 

Legislation  §  367c.  1.  Added  by  Stats.  1911,  p.  62,  and  then  read: 
"Whenever  an  automobile,  motorcycle,  or  other  motor  vehicle  strikes 
any  person,  or  collides  with  any  vehicle  containing  a  person,  the 
driver  of,  and  all  persons  in,  such  automobile,  motorcycle,  or  other 
motor  vehicle  who  have  or  assume  authority  over  such  driver,  shall 
immediately  cause  such  automobile,  motorcycle  or  other  motor  vehi- 
cle to  stop,  and  shall  forthwith  render  to  the  person  struck,  or  to 
the  occupants  of  such  vehicle,  all  needed  assistance,  including  the 
carrying  of  such  person  or  occupant  to  a  physician  or  surgeon  for 
medical  or  surgical  treatment,  if  such  treatment  seems  to  be  re- 
quired, or  if  such  carrying  is  requested  by  the  person  struck  or 
occupying  such  vehicle;  and  such  driver  and  person  having  or  assum- 
ing authority  over  him,  shall  forthwith  give  to  the  occupants  of 
such  vehicle  or  person  struck,  the  number  of  such  automobile,  motor- 
cycle or  other  motor  vehicle,  with  the  name  and  address  of  t^e 
driver  and  of  each  person  in  such  automobile,  motorcycle  or  other 
motor  vehicle,  at  the  time  of  such  striking  or  collision.  Any  person 
violating  any  provision  of  this  section  is  punishable  by  imprison- 
ment in  the  state  prison  not  exceeding  five  years,  or  in  the  county 
jail  not  exceeding  one  year,  or  by  fine  not  exceeding  five  thousand 
dollars,  or  by  both  such  fine  and  imprisonment." 
2.  Amended  by  Stats.  1913,  p.  218. 

§  367(1.  Driving'  automobile  while  intoxicated.  Any  per- 
son operating  or  driving  an  automobile,  motorcycle  or  other 
motor  vehicle  who  becomes  or  is  intoxicated  Avhile  so  en- 


§  367e  PENAL    CODE.  IGO 

gaged  ill  operating  or  driving  sucli  automobile,  motorcycle 
or  other  motor  vehicle  shall  be  guilty  oi"  a  misdemeanor. 
Legislation  §  367d.     Added  by  Stats.  1911,  p.  90. 

§  367e.  Intoxicated  automobile  driver  committing  acts  of 
negligence.  Any  person  operating  or  driving  an  automobile, 
motorcycle  or  other  motor  vehicle  who  becomes  or  is  in- 
toxicated while  so  engaged  in  operating  or  driving  such 
automobile,  motoreA'cle  or  other  motor  vehicle,  and  who  l)y 
reason  of  such  intoxication  does  any  act,  or  neglects  any 
duty  imposed  by  law,  which  act  or  neglect  of  duty  causes 
the  death  of,  or  bodily  injury  to,  any  person,  shall  be  punish- 
able by  imprisonment  in  the  state's  prison  not  exceeding 
five  years,  or  in  the  county  jail  not  exceeding  one  year,  or 
by  fine  not  exceeding  five  hundred  dollars,  or  by  both  such 
tine  and  imprisonment. 

Legislation  §  367e.     Addod  by  Stnts    1911,  p.  288. 


161  CRIMES   AGAINST    PUBLIC    HEALTH    AND   SAFETY. 

TITLE    X. 

Crimes  against  the  Public  Health  and  Safety. 

§  368.     Death  from  explosions,  etc. 

§  36Sa.  Hatch-tender  for  ships  of  fifty  tons  capacity.     Penalty. 

§  369.     Death  from  collision  on  railroads. 

§  369a.  Street  cars  and  dummies  to  be  supplied  with  proper  brakes 
and  fenders. 

§  369b.  Eailroad  companies  transporting  cattle,  etc.,  confined  in  ears 
longer  than  a  certain  time  without  unloading  and  feeding. 
Charges  a  lien  upon  animals. 

§  369c.  Obstructing  highways  by  train  of  cars.  [Unconstitutional  ad- 
dition.] 

§  369d.  Closing  of  gates  at  railroad  crossings. 

§  369e.  Animals  feeding  along  railroad  tracks. 

§  369f.  Eailroad  employee  intoxicated  while  on  duty. 

§  369g.  Driving  vehicles  along  track  of  railroad. 

§  370.     "Public  nuisances"  defined. 

§  371.     Unequal  damage. 

§  372.     Maintaining  a  nuisance,  a  misdemeanor. 

§  372a.  Spitting  prohibited,  where. 

§  373.  Establishing  or  keeping  pest-houses  within  cities,  towns,  or 
villages. 

§  373a.  Public  nuisance.     Penalty. 

§  374.     Dead   animals   in   streets,  etc.     Pollution   of   waters.     Penalty. 

§  374J.  Discharging  coal-tar,  or  similar  products,  in  navigable  waters. 
[Repealed.] 

§  374a.  Unlawful  to  dump  garbage,  etc.,  in  navigable  waters  or  in 
Pacific  Ocean. 

§  375.     Keeping  gunpowder,  etc.,  unlawfully. 

§  375a.  Record  of  sale  of  explosives. 

§  376.     Violation  of  quarantine  laws  by  master  of  vessel. 

§  377.     Willful  violation  of  health  laws. 

§  377a.  State  board  of  health,  violation  of  rules  of,  relating  to  quar- 
antine, etc. 

§  377b.  State  board  of  health,  violation  of  rules  of,  relating  to  pollu- 
tion of  water. 

§  377c.  State  board  of  health,  violation  of  rules  of,  relating  to  pollu- 
tion of  ice. 

§  378.     Neglecting  to  perform  duties  under  health  law. 

§  379.     Unlicensed  piloting. 

§  380.  Apothecary  omitting  to  label  drugs,  or  labeling  them  wrong- 
fully, etc. 

§  381.  Putting  extraneous  substances  in  packages  of  goods  usually 
sold  by  weight,  with  intent  to  increase  weight. 

§  381a.  Penalty  for  rendering  inaccurate,  incorrect,  or  false  tests  as 
to  dairy  products. 

§  381b.  State  dairy  bureau.  Duty  of,  relating  to  the  enforcement  of 
the  law  on  false  tests  of  dairy  products. 

§  382.     Adulterating  food,  drugs,  liquors,  etc. 

§  383.     Sale  of  adulterated  or  tainted  food,  or  drink  or  drug.     "Drug" 
defined.     "Food"    defined.     Drugs    deemed    to    be    adulter- 
ated.    Food  deemed  to  be  adulterated. 
§  383a.  Sale  of  process  or  renovated  butter. 
§  384.     Penalty  for  violating  act  for  prevention  of  fires. 
Pen.  Code — H 


§  368  PENAIv   CODE.  lo2 

§  3S4a.  Keeping  firos  within  certain  limits.      [Repealed.] 

§  384b.  Camp-fire.      |  Repealed.]     . 

§  .184e.  Animals  injured  by  persons  luinting. 

§  385.     Obstructing  attempts  to  extinguisli  fires. 

§  386.     Maintaining  bridge  or  ferry  without  authority. 

§  387.     Violating  condition  of  undertaking  to  keep  ferry. 

§  388.     Hiding  or  driving  faster  than  a  walk  on  toll-bridges. 

§  389.     Crossing  bridge,  etc.,  without  paying  toll. 

§  390.     Engineer    of    locomotive-engine    omitting    to    ring    bell    when 

crossing  highway. 
§  391.     Intoxication  of  engineers,  conductors,  or  drivers  of  locomotives 

or  cars. 
§  392.     Placing  passenger-cars  in  front  of  freight-cars. 
§  393.     Violation  of  duty  by  employees  of  railroad  companies. 
§  394.     Exposing   person    infected    with    any   contagious    disease    in    a 

public  place. 
§  395.     Frauds  practiced  to  affect  the  market  price. 
§  396.     Racing  upon  highways. 

§  397.     Sale  of  liquor  to  habitual  drunkards  or  Indians  forbidden. 
§  397a.  Furnishing     liquor     to     persons     addicted     to     inordinate     use 

thereof.      [Unconstitutional  addition.] 
§  397b.  Liquors,    selling    of,    to    minors.     Permitting    minor    to    visit 

saloons.     Not  to  apply  to  parents. 
§  397c.  Sale  of  liquors  between  2  and  6  a.  m.  prohibited. 
§  398.     Selling  firearms  and  ammunition  to  Indians.      [Repealed.] 
§  399.     Death  from  mischievous  animals. 
§  400.     Exhibiting  deformities, 
§  401.     Aiding  in  suicide. 
§  401a.  Cubic  feet  of  space  in  rooms. 

§  402.     Sale  or  exposure  of  animals  having  glanders,  a  misdemeanor. 
§  402a.  Adulteration  of  candies. 
§  402b.  Diseased  animal  to  be  killed. 
§  402e.  Unsafe  scaffolding,  ladders,  etc. 
§  402d.  Animals   affected   with   contagious  diseases   to  be  kept  within 

inclosure. 
§  402e.  Infectious  diseases  must  be  reported. 
§  402e.  Laundry  from  hospitals. 

§  368.  Death  from  explosions,  etc.  Every  person  having 
charge  of  any  steam-boiler  or  steam-engine,  or  other  appara- 
tus for  generating  or  employing  steam,  used  in  any  manu- 
factory, or  on  any  railroad,  or  in  any  vessel,  or  in  any  kind 
of  mechanical  work,  who  willfully,  or  from  ignorance  or 
neglect,  creates,  or  allows  to  be  created,  such  an  undue  quan- 
tity of  steam  as  to  burst  or  break  the  boiler,  engine,  or  ap- 
paratus, or  to  cause  any  other  accident  whereby  the  death 
of  a  human  being  is  produced,  is  punishable  by  imprison- 
ment in  the  state  prison  for  not  less  than  one  nor  more  than 
ten  years. 

Mismanagement  of  steam-boilers:  See  ante,  §§  348,  349, 

Act  to  protect  life  and  property  against  careless  use  of  explo- 
sives: See  post.  Appendix,  tit.  "Explosives." 

Record  of  sale  of  explosives:  See  post,  §  375a. 

Legislation  §  368,     Enacted  Februjiry  14,  1872. 


163  CRIMES  AGAINST  PUBLIC  HEALTH  AND  SAFETY.         §  369a 

§  368a.  Hatch-tender  for  ships  of  fifty  tons  capacity. 
Penalty,  Any  person,  firm  or  corporation  engaged  in  the 
business  of  loadino;  or  unloading  ships  or  vessels,  or  who 
contracts  to  load  or  unload  a  ship  or  vessel,  or  who  shall  be 
in  charge  of  a  ship  or  vessel  while  the  same  is  being  loaded 
or  unloaded,  or  who  is  authorized  to  load  or  unload  any 
ship  or  vessel,  having  a  carrying  capacity  of  fifty  tons  or 
greater,  shall  employ  and  supply  upon  every  ship  or  vessel 
while  being  loaded  or  unloaded,  a  person  over  the  age  of 
twenty-one  years  to  act  as  signalman  or  hatch-tender  whose 
sole  duty  it  shall  be  to  observe  the  operations  of  loading  or 
unloading  of  each  working  hatch  on  such  ship  or  vessel, 
and  to  warn  all  persons  engaged  in  the  operation  of  loading 
or  unloading  of  any  possibility  of  any  injury  to  any  of  the 
articles  of  which  the  cargo  is  composed,  or  of  danger  to  any 
person  engaged  or  being  in  or  about  the  said  ship  or  vessel 
while  the  same  is  being  loaded  or  unloaded  as  aforesaid. 
Any  person,  firm,  or  corporation  violating  the  provisions  of 
this  act  is  guilty  of  a  misdemeanor. 

Legislation  §  368a.     Added  by  Stats.  1913,  p.  54.3. 

§  369.  Death  from  collision  on  railroads.  Every  conduc- 
tor, engineer,  brakeman,  switchman,  or  other  person  having 
charge,  wholly  or  in  part,  of  any  railroad,  car,  locomotive, 
or  train,  who  willfully  or  negligently  suffers  or  causes  the 
same  to  collide  with  another  car,  locomotive,  or  train,  or 
with  any  other  object  or  thing  whereby  the  death  of  a 
human  being  is  produced,  is  punishable  by  imprisonment  in 
the  state  prison  for  not  less  than  one  nor  more  than  ten 
years. 

Legislation  §  369.     Euacted  February   14,   1872. 

§  369a.  Street  cars  and  dummies  to  be  supplied  with 
proper  brakes  and  fenders.  Any  person,  company,  or  cor- 
poration, operating  cars  on  the  streets  of  cities  or  towns,  or 
on  the  county  roads  within  the  state,  for  the  conveyance  of 
passengers,  propelled  by  means  of  wire  ropes  attached  to 
stationary  engines,  or  py  electricity  or  compressed  air,  who 
runs,  operates,  or  uses  any  car  or  dummy,  unless  each  car 
and  dummy,  while  in  use,  is  fitted  with  a  brake  capable  of 
bringing  such  car  to  a  stop  within  a  reasonable  distance,  and 
a  suitable  fender,  or  appliance  placed  in  front  or  attached 
to  the  trucks  of  such  dummy  or  car,  for  the  purpose  of  re- 
moving and  clearing  obstructions  from  the  track,  and  pre- 
venting any  obstacles,  obstructions,  or  person  on  the  track 
from  getting  under  such  dummy  or  ear,  and  removing  the 
same  out  of  danger,  and  out  of  the  way  of  such  dummy  or 


§  369d  PENAL   CODE.  164 

oar,  is  yuilty  ol'  a  iiiisdumeaiior.  Where  the  boai'd  of  super- 
visors of  any  county,  or  tlie  city  council  or  other  i^'overning 
body  of  any  city,  by  ordinance,  order,  or  resolution,  pre- 
scribes the  fender  or  brake  to  be  used  as  aforesaid,  then  a 
compliance  with  such  ordinance,  order,  or  resolution  must 
be  deemed  a  full  compliance  with  the  provisions  of  this 
section. 

Legislation  §  360a.  1.  Addition  by  Stiits.  1901,  p.  4.;4;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  ji.  TOG;  the  code  commissioner  saying, 
"This  is  a  codification  of  the  statute  of  1899,  p.  183." 

§  369b.  Railroad  companies  transporting  cattle,  etc., 
confined  in  cars  longer  than  a  certain  time  without  unload- 
ing- and  feeding.  Charges  a  lien  upon  animals.  Any  officer, 
agent  or  conductor  of  any  company  or  person  operating  any 
railroad  in  this  state,  who  in  carrying  and  transporting 
cattle,  sheep,  or  swine  in  car-load  lots,  confines  the  same  in 
cars  for  a  longer  period  than  thirty-six  consecutive  hours, 
without  unloading  for  rest,  water  and  feeding,  for  a  period 
of  at  least  ten  consecutive  hours,  is  guilty  of  a  misdemeanor. 
In  estimating  such  time  of  confinement,  the  period  during 
which  the  animals  have  been  confined  without  such  rest  on 
connecting  roads  from  which  the}^  are  received,  must  be 
computed.  In  case  the  owner  or  person  in  charge  of  such 
animals  refuses  or  neglects  to  pay  for  the  care  and  feed  of 
animals  so  rested,  the  company  or  person  operating  such 
railroad  may  charge  the  expense  thereof  to  the  owner  or 
consignee  and  retain  a  lien  upon  the  animals  therefor  until 
the  same  is  paid. 

Legislation  §  369b.  1.  Addition  by  Stats.  1901,  p.  l.j.j;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  672;  the  code  commissioner  saying, 
"This  is  a  codification  of  §  2  of  chapter  3  of  the  statute  of  1877-78. 
p.  969." 

§  369c.     Obstructing  highways  by  train  of  cars. 

Legislation  §  369c.  Addition  by  Stats.  1901,  p.  455,  and  was  de- 
signed to  prohibit  the  obstruction  of  highways  by  freight  trains; 
unconstitutional.     See  note,  §  5,  ante. 

§  369d.  Closing  of  gates  at  railroad  crossings.  Any  per- 
son who  enters  upon  or  crosses  any  railroad,  at  any  private 
passway,  which  is  inclosed  by  bars  or  gates,  and  neglects  to 
leave  the  same  securely  closed  after  him,  is  guilty  of  a  mis- 
demeanor. 

Legislation  §  369d.  1.  Addition  by  Stats.  1901,  p.  4.35;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  bv  Stats.  1905,  p.  766;  the  code  commissioner  saving  in 
his  note  to  §§  369d,  369e,  369f,  "Codification  of  §§4,  5,  and  6  of 
ciiapter  3  of  the  statute  of  1877-78,  p.  969." 


165  CRIMES   AGAINST    PUBLIC    HEALTH    AND   SAFETY.  §  370 

§  369e.  Animals  feeding  along  railroad  tracks.  Any  per- 
son who  leads,  drives,  or  conducts  any  beast  along  the  track 
of  a  railroad,  except  where  the  railroad  is  built  within  the 
limits  of  a  public  highway,  or  who  places,  or  having  the 
right  to  prevent  it,  suffers  any  animal  to  l:ie  placed  within 
the  fences  thereof  for  grazing  or  other  purposes,  is  guilty 
of  a  misdemeanor. 

Legislation  §  369e.     1.  Addition  by  Stats.  1901,  p.  456;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2,  Added  by  Stats.  1905,  p.  767.     See  ante.  Legislation  §  369d,  for 
code  commissioner's  note. 

§  369f .     Railroad   employee   intoxicated   while    on   duty. 

Any  person  eraplojaxl  upon  any  railroad  as  engineer,  con- 
ductor,    baggage-master,     brakeman,    switchman,    fireman, 
bridge-tender,  flagman,  or  signalman,  or  having  charge  of 
the  regulation  or  running  of  trains  upon  such  railroad,  in 
any  manner  whatever,  who  becomes  or  is  intoxicated  while 
engaged  in  the  discharge  of  his  duties,  is  guilty  of  a  misde- 
meanor; and  if  any  person  so  employed  as  aforesaid,  by 
reason  of  such  intoxication,  does  any  act,  or  neglects  any 
duty,  which  act  or  neglect  causes  the  death  of,  or  bodily  in- 
jury to.  any  person  or  persons,  he  is  guilty  of  a  felony. 
Intoxication  of  railroad  employees:  See  post,  §  391. 
Legislation  §  369f.     1.  Addition  by  Stats.  1901,  p.  456;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  767.     See  ante,  Legislation  §  369d,  for 
code  commissioner's  note. 

§  369g.     Driving  vehicles  along  track  of  railroad.     Any 

person  who  rides,  drives,  or  propels  any  vehicle  upon  and 
along  the  track  of  any  railroad,  through  or  over  its  private 
right  of  way,  without  the  authorization  of  its  superintendent 
or  other  officer  in  charge  thereof,  is  guilty  of  a  misdemeanor. 
Legislation  §  369g.     Added  by  Stats.  1905,  p.  767;  the  code  com- 
missioner saying,  "The  purpose  of  the  section  is  to  prevent  persons 
without  right,  going  upon  and  along  a  railroad  track  when  it  lies 
upon  the  private  right  of  way  of  the  owner,  with  a  bicycle  or  other 
vehicle,   thus  creating  liability  to   collision   and   endangering  their 
own   lives   and   those   of   persons   upon   passing  trains."     An   uncon- 
stitutional §  369g  was  enacted  by  Stats.  1901,  p.  456   (code  commis- 
sioners' addition),  and  provided,  for  the  punishment  of  persons  evad- 
ing the-payment  of  fares.     See  note,  §  5,  ante. 

§  370.  "Public  nuisances"  defined.  Anything  which  is 
injurious  to  health,  or  is  indecent,  or  offensive  to  the  senses, 
or  an  obstruction  to  the  free  use  of  property,  so  as  to  inter- 
fere with  the  comfortable  enjoyment  of  life  or  property  by 
an  entire  community  or  neighborhood,  or  by  any  consider- 
able number  of  persons,  or  unlawfully  obstructs  the  free 


§  373  PENAL    CODE.  lOG 

passatjc  or  use,  in  llu;  eustoinniy  inaiUK'i",  of  any  iiavi<^al)le 
lake,  or  river,  bay,  stream,  canal,  or  basin,  or  any  public 
park.    s((uare,    street,    or    hiiilnvay,    is    a    public    nuisance. 
[Aniondment  approved  1S74;  Code  Anidts.  1873-74,  p.  431.] 
Putlic    nuisance:     Comiiaic     witli     Civ.     Code,  §  3480.     See     also 
§§  3490-3  t9.j  of  that  code  upon  this  subject  generally. 
Nuisance,  defined:  See  Code  Civ.  Proc,  §  731. 
Legislation  §  370.     1.  Enacted    February    14,    1872    (almost    iden- 
tical with  Field's  Draft,  §  430,  N.  Y.  Pen.  Code,  §385;   Crimes  and 
Punishment  Act,  Stats.  1850,  p.  244,  §  124),  and  then  read:  "A  public 
nuisance  is  a  crime  against  the  order  and  economy  of  the  state,  and 
consists  in   unlawfully   doing  any  act,   or  omitting  to   perform   any 
duty,  which  act  or  omission  either:   1.  Annoys,  injures,  or  endangers 
the  comfort,  repose,  health,  or  safety  of  any  considerable  number  of 
persons;  or,  2.  Offends  public  decency;  or,  3.  Unlawfully  interferes 
with,  obstructs,  or  tends  to  obstruct,  or  renders  dangerous  for  pass- 
age, any  lake  or  navigable  river,  bay,  stream,  canal,  or  basin,  or  any 
public  park,  square,  street,  or  highway;   or,  4.  In  any  way  renders 
any   considerable  number  of  persons  insecure  in  life  or  the  use  of 
property." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  431. 

§  371.  Unequal  damage.  An  act^  which  affects  an  entire 
community  or  neighborhood,  or  any  considerable  number  of 
persons,  as  specified  in  the  last  section,  is  not  less  a  nuisance 
because  the  extent  of  the  annoyance  or  damage  inflicted 
upon  individuals  is  unequal.  [Amendment  approved  1874; 
Code  Amdts.  1873-74,  p.  432.] 

Legislation  §  371.  1.  Enacted  Februarv  14,  1872  (identical  with 
Field's  Draft,  §  431,  N.  Y.  Pen.  Code,  §  386),  and  then  read:  "An  act 
which  affects  a  considerable  number  of  persons,  in  either  of  the 
ways  specified  in  the  last  section,  is  not  less  a  nuisance  because  the 
extent  of  damage  is  unequal." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  432. 

§  372.  Maintaining  a  nuisance,  a  misdemeanor.  Every 
person  who  maintains  or  commits  any  public  nuisance,  the 
punishment  for  which  is  not  otherwise  prescribed,  or  who 
■willfully  omits  to  perform  any  legal  duty  relating  to  the 
removal  of  a  public  nuisance,  is  guilty  of  a  misdemeanor. 
Legislation  §  372.     Enacted    February    14,    1872;    identical    with 

Field's  Draft,  §  432,  N.  Y.  Pen.  Code,  §  387. 

§  372a.  Spitting  prohibited,  where.  It  shall  be  a  misde- 
meanor for  any  person  to  discharge  mucus  from  the  nose  or 
mouth  or  spit  upon  any  sidewalk,  of  any  public  street  or 
highwaj^  or  upon  any  part  of  any  pul)lic  building  or  railroad 
train,  street-car,  stage,  ferry-boat,  steamer,  boat  or  other 
vessel  or  vehicle  used  for  the  transportation  of  the  public. 
Legislation  §  372a.     Added  by  Stats.  1907,  p.  lOG. 

§  373.  Establishing  or  keeping  pest-houses  within  cities, 
towns,  or  villages.     Every  person  who  establishes  or  keeps. 


167  CRIMES   AGAINST   PUBLIC    HEALTH   AND   SAFETY.         §  374 

or  causes  to  be  established  or  kept,  Avithin  the  limits  of  any 
city,  town,  or  village,  any  pest-house,  hospital,  or  place  for 
persons  affected  with  contagious  or  infectious  diseases,  is 
guilty  of  a  misdemeanor. 

Legislation  §  373.     Enacted    February    14,    1872;    based    on    Stats. 
1853,  p.  35,  §§1,  2. 

§  373a.  Public  nuisance.  Penalty.  Every  person  who 
maintains,  permits,  or  allows  a  public  nuisance  to  exist  upon 
his  or  her  property  or  premises,  and  every  person  occupying 
or  leasing  the  property  or  premises  of  another  who  main- 
tains, permits  or  allows  a  public  nuisance  to  exist  thereon, 
after  reasonable  notice  in  writing  from  a  health-officer  or 
district  attorney  to  remove,  discontinue  or  abate  the  same 
has  been  served  upon  such  person,  is  guilty  of  a  misde- 
meanor, and  shall  be  punished  accordingly;  and  the  exist- 
ence of  such  nuisance  for  each  and  every  day  after  the 
service  of  such  notice  shall  be  deemed  a  separate  and  dis- 
tinct offense,  and  it  is  hereby  made  the  duty  of  the  district 
attorney  to  prosecute  all  persons  guilty  of  violating  this 
section  by  continuous  prosecutions  until  the  nuisance  is 
abated  and  removed. 

Legislation  §  373a.     Added  by  Stats.  1903,  p.  163. 

§  374.  Dead  animals  in  streets,  etc.  Pollution  of  waters. 
Penalty.  Every  person  who  puts  the  carcass  of  any  dead 
animal,  or  the  offal  from  any  slaughter-pen,  corral,  or 
butcher-shop  into  any  river,  creek,  pond,  reservoir,  stream, 
street,  alley,  public  highway,  or  road  in  common  use.  or  who 
attempts  to  destroy  the  same  by  fire  within  one  fourth  of  a 
mile  of  any  city,  town,  or  village,  except  it  be  in  a  crema- 
tory, the  construction  and  operation  of  which  is  satisfactory 
to  the  board  of  health  of  such  city,  town,  or  village;  and 
every  person  who  puts  any  water-closet  or  privy,  or  the 
f'arcass  of  any  dead  animal,  or  any  offal  of  any  kind,  in  or 
upon  the  borders  of  any  stream,  pond,  lake,  or  reservoir 
from  which  water  is  drawn  for  the  supply  of  any  portion 
of  the  inhabitants  of  this  state,  so  that  the  drainage  of  such 
water-closet,  privy,  carcass  or  offal  may  be  taken  up  by  or 
in  such  stream,  pond,  lake,  or  reservoir;  or  who  allows  any 
water-closet  or  privy,  or  carcass  of  any  dead  animal,  or  any 
offal  of  any  kind,  to  remain  in  or  upon  the  borders  of  any 
such  stream,  pond,  lake,  or  reservoir  within  the  boundaries 
of  any  land  owned  or  occupied  by  him,  so  that  the  drainage 
from  any  such  water-closet,  privy,  carcass,  or  offal,  may  be 
taken  up  by  or  in  such  stream,  pond,  lake,  or  reservoir;  or 
who  keeps  any  horses,  mules,  cattle,  swine,  sheep,  or  live- 


§  ;}74  PENAL    CODE.  1G8 

stock  ol"  any  kind,  jjcimcd,  con-allftl,  of  lioiiscd  on,  over,  or 
on  the  horclers  of  any  siieli  stream,  pond,  lake,  or  reservoir, 
so  that  tlie  watei-s  thereoL"  beciome  polluted  by  reason 
thereof;  or  Avho  bathes  in  any  such  stream,  pond,  lake,  or 
reservoir;  or  who  by  any  other  means  fouls  or  pollutes  the 
waters  of  any  such  stream,  pond,  lake,  or  reservoir,  is  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished as  prescribed  in  section  three  hundred  and  seventy- 
seven.  [Amcndmout  approved  1907;  Stats.  1907,  p.  78.] 
Pollution  of  water:  See  post,  §  635. 

Legislation  §  374.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1852,  p.  100,  §  1),  and  then  read:  "Every  person  who  puts  the  car- 
cass of  any  dead  animal,  or  the  offal  from  any  slaughter-pen,  corral, 
or  butcher-shop,  into  any  river,  creek,  pond,  street,  alley,  public 
highway  or  road  in  common  use,  or  who  attempts  to  destroy  the 
same  by  fire  within  one  fourth  of  a  mile  of  any  city,  town,  or  village, 
is  guilty  of  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1875-76,  p.  Ill,  and  then  read  same 
as  the  original  code  section  down  to  the  word  "pond,"  thereafter 
proceeding,  ''reservoir,  stream,  street,  alley,  public  highway,  or  road 
in  common  use,  or  who  attempts  to  destroy  the  same  by  fire  within 
one  fourth  of  a  mile  of  riny  city,  town,  or  village,  and  every  per- 
son who  puts  the  carcass  of  any  dead  animal,  or  any  offal  of  any 
kind,  in  or  upon  the  borders  of  any  stream,  pond,  lake,  or  reservoir 
from  which  w^ater  is  drawn  for  the  supply  of  the  inhabitants  of 
any  city,  city  and  couutj^  or  any  town  in  this  state,  so  that  the 
drainage  from  such  carcass  or  offal  may  be  taken  up  by  or  in  such 
stream,  pond,  lake,  or  reservoir,  or  who  allows  the  carcass  of  any 
dead  animal,  or  any  offal  of  any  kind,  to  remain  in  or  upon  the 
borders  of  any  such  stream,  pond,  .lake,  or  reservoir  within  the 
boundaries  of  any  lands  owned  or  occupied  by  him,  or  who  keeps 
any  horses,  mules,  cattle,  swine,  sheep,  or  live-stock  of  any  kind, 
penned,  corralled,  or  housed  on,  over,  or  on  the  borders  of  any  such 
stream,  pond,  lake,  or  reservoir,  so  that  the  waters  thereof  shall 
become  polluted  by  reason  thereof,  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  as  prescribed  in  section 
three  hundred  and  seventy-seven  of  this  code." 

3.  Amended  by  Stats.  1893,  p.  66,  and  then  read  the  same  as  the 
amendment  of  1875-76  down  to  the  words  "or  village,"  thereafter 
proceeding,  "except  it  be  in  a  cemetery,  the  construction  and  opera- 
tion of  which  is  satisfactory  to  the  board  of  health  in  such  city, 
town,  or  village;  and  every  person  who  puts  any  water-closet  or 
privy,  or  the  carcass  of  any  dead  animal,  or  any  offal  of  any  kind, 
in  or  upon  the  borders  of  any  stream,  pond,  lake,  or  reservoir  from 
which  water  is  drawn  for  the  supply  of  the  inhabitants  of  any  city, 
city  and  county,  or  any  town  in  this  state,  so  that  the  drainage 
from  such  water-closet,  privy,  carcass,  or  offal  may  be  taken  up  by 
or  in  such  stream,  pond,  lake,  or  reservoir;  or  who  allows  any  water- 
closet  or  privy,  or  carcass  of  any  dead  animal,  or  any  offal  of  any 
kind,  to  remain  in  or  upon  the  borders  of  any  such  stream,  pond, 
lake,  or  reservoir  within  the  boundaries  of  any  land  owned  or  occu- 
pied by  him,  so  that  the  drainage  from  sucli  water-closet,  privy, 
carcass,  or  offal  may  be  taken  up  by  or  in  such  stream,  pond,  lake, 
or  reservoir;   or  who  keeps  any  horses,  mules,  cattle,  swine,  sheep. 


169  CRIMES  AGAINST  PUBLIC  HEALTH  AND  SAFETY.         §  ST-la 

or  live-stoek  of  auy  kind,  penned,  corralled,  or  housed  on,  over,  or 
on  the  borders  of  any  such  stream,  pond,  lake,  or  reservoir,  so  that 
the  waters  thereof  shall  become  polluted  by  reason  thereof;  or  who 
bathes  in  any  such  stream,  pond,  lake,  or  reservoir;  or  who  by  any 
other  means  fouls  or  pollutes  the  waters  of  any  such  stream,  pond, 
lake,  or  reservoir,  is  guilty  of  a  misdemeanor,"  the  rest  of  the  sec- 
tion reading  as  in  1875-76. 

4.  Amendment  by  Stats.  1901,  p.  457;  unconstitutional.  See  note, 
§  5,  ante. 

5.  Amended  by  Stats.  1905,  p.  767,  (1)  changing  (a)  "except  it 
be  in  a  cemetery"  to  "except  it  be  in  a  crematory,"  and  (b)  "in 
such  city"  to  "of  such  city";  (2)  omitting  (a)  "shall"  before  "be- 
come polluted,"  and   (b)  "of  this  code"  at  end  of  section. 

6.  Amended  by  Stats.  1907,  p.  73,  (1)  changing  "the  supply  of 
the  inhabitants  of  any  city,  city  and  count}',  or  any  town  in  this 
state,  so  that  the  drainage  from  such"  to  "the  supply  of  anj'  por- 
tion of  the  inhabitants  of  this  state,  so  that  the  drainage  of  such"; 
(2)    adding   "an}'"   after   "drainage   from."' 

§  3741/2-     Discharging-   coal-tar,    or   similar   products,   in 
navigable  waters.     [Repealed  1915;  Stats.  1915,  p.  598.] 
Legislation  §  3741/2.     1.  Addition  by  Stats.  1901,  p.  813. 
2.  Kepealed   by   Stats.   1915,   p.   598. 

§  374a.  Unlawful  to  dump  garbage,  etc.,  in  navigable 
waters  or  in  Pacific  Ocean.  Any  person  who  places,  depos- 
its or  dumps  any  garbage,  swill,  refuse,  cans,  bottles,  paper, 
or  vegetable  matter,  or  the  carcass  of  any  dead  animal,  or 
the  offal  from  any  slaughter-pen  or  butcher-shop,  or  any 
trash  or  rubbish  in  or  upon  the  navigable  waters  of  this 
state,  or  who  places,  deposits  or  loads  the  same  upon  any 
scow,  barge,  float,  hulk,  or  any  steam  or  sailing  vessel,  or 
any  vessel  of  any  kind,  with  intent  that  the  same  shall  be 
dumped  or  deposited  therefrom  in  or  upon  any  of  the  navi- 
gable waters  of  this  state,  or  of  the  Pacific  Ocean  without 
the  state,  at  any  point  therein,  within  twenty  miles  of  any 
point  on  the  coast  line  of  the  state,  and  any  captain,  or  other 
person  in  charge  of  any  scow,  barge,  float,  hulk,  or  any 
steam  or  sailing  vessel,  or  any  vessel  of  any  kind,  who  per- 
mits the  same  to  be  loaded  with  any  garbage,  swill,  refuse, 
cans,  bottles',  paper,  or  vegetable  matter,  or  the  carcass  of 
any  dead  animal,  or  the  offal  from  any  slaughter-pen  or 
butcher-shop,  or  any  trash  or  rubbish,  with  intent  that  the 
same  shall  be  dumped  or  deposited  therefrom  in  or  upon  any 
of  the  navigable  waters  of  this  state,  or  of  the  Pacific  Ocean 
without  the  state,  at  any  point  therein,  within  twenty  miles 
of  any  point  on  the  coast  line  of  the  state,  is  guilty  of  a  mis- 
demeanor, and  no  scow,  barge,  float,  hulk,  or  any  steam  or 
sailing  vessel,  or  any  vessel  of  any  kind,  upon  which  any 
garbage,  swill,  refuse,  cans,  bottles,  paper,  or  vegetable 
matter,  or  the  carcass  of  any  dead  animal,  or  the  offal  from 


§  375a  PENAL   CODE.  170 

any  slaus'liter-pon  or  ])utc]ier-sh()p,  oi-  any  trash  or  rul)l)ish 
has  boon  loaded  with  tlie  intent  that  the  same  sliall  be 
dumped  or  deposited  tlierefrom  upon  any  of  the  waters  of 
the  I'acific  Ocean  where  permitted  by  this  section,  shall 
leave  anj^  point  within  the  state  unless  it  shall  carry  for  the 
entire  trip  an  inspector  appointed  by  the  state  board  of 
health,  or  where  such  point  of  departure  is  within  a  munici- 
palit,y,  then  by  such  municipality,  and  it  shall  be  the  duty 
of  such  inspector  to  enforce  the  provisions  of  this  section, 
and  the  captain,  or  other  person  in  charge  of  any  such  scow, 
barge,  float,  hulk,  steam,  sailing  or  other  vessel,  so  leaving 
without  carrying  such  inspector  during  the  entire  trip  is 
guilty  of  a  misdemeanor;  provided,  however,  that  this  act 
shall  not  be  construed  to  affect  the  discharge  of  any  sewer 
system. 

Legislation  §  374a.     Added  by  Stats.  1911,  p.  1420. 

§  375.  Keeping  gunpowder,  etc.,  unlawfully.  Every  per- 
son who  makes  or  keeps  gunpowder,  nitroglycerine,  or 
other  highly  explosive  substance,  within  any  city  or  town, 
or  who  carries  the  same  through  the  streets  thereof,  in  any 
quantity  or  manner  such  as  is  prohibited  by  law,  or  by  any 
ordinance  of  such  city  or  town,  is  guilty  of  a  misdemeanor. 
Legislation  §  375.     Enacted  February   14,   1872;    based   on   Field's 

Draft,  §  4.33,  N.  Y.  Pen.  Code,  §  3S9. 

§  375a.  Record  of  sale  of  explosives.  It  is  the  duty  of 
each  and  every  person,  association,  joint-stock  company, 
and  corporation,  manufacturing,  storing,  selling,  transfer- 
ring, disposing  of,  or  in  any  manner  dealing  in,  or  with,  or 
using,  or  giving  out  nitroglycerine,  dynamite,  vigorite,  her- 
cules  powder,  giant  powder,  or  other  high  explosive,  by 
whatever  name  known,  to  keep  at  all  times  an  accurate  jour- 
nal, or  book  of  record,  in  which  must  be  entered,  from  time 
to  time,  as  it  is  made,  each  and  every  sale,  delivery,  transfer, 
gift,  or  other  disposition  made  by  such  person,  firm,  asso- 
ciation, joint-stock  company,  or  corporation,  in  the  course 
of  business  or  otherwise,  of  any  quantity  of  such  explosive 
substance.  Such  journal  or  record-book  must  show,  in  a 
legible  handwriting,  to  be  entered  therein  at  the  time,  a 
complete  history  of  each  transaction,  stating  the  name  and 
quantity  of  the  explosive  sold,  delivered,  given  away,  trans- 
ferred, or  otherwise  disposed  of;  the  name,  place  of  resi- 
dence, or  business  of  the  purchaser,  or  transferee ;  the  name 
of  the  individual  to  whom  delivered,  with  his  or  her  address, 
with  a  description  of  such  individual  sufficient  for  identifica- 
tion.    Such  journal  or  record-book  must  be  kept  by  the  per- 


171  CRIMES  AGAINST   PUBLIC    HEALTH   AND   SxVFETY.         §  376 

son,  firm,  association,  joint-stock  company,  or  corporation 
so  selling,  delivering,  or  otlierwise  disposing  of  such  explo- 
sive substance,  or  substances,  in  his  or  their  principal  office 
or  place  of  business  at  all  times  subject  to  the  inspection 
and  examination  of  the  peace-officers,  or  other  police  au- 
thorities of  the  state,  county,  or  municipality  where  the 
same  is  situated,  on  proper  demand  made  therefor.  Any 
failure  or  neglect  to  keep  such  book,  or  to  make  the  proper 
entries  therein  at  the  time  of  the  transaction,  as  herein  pro- 
vided, or  to  exhibit  the  same  to  the  peace-officers  or  other 
police  authorities  on  demand,  is  deemed  a  misdemeanor,  and 
punishable  accordingly.  In  addition  to  such  punishment, 
and  as  a  cumulative  penalty,  such  person,  firm,  association, 
joint-stock  company,  or  corporation  so  offending,  shall  for- 
feit, for  each  offense,  the  sum  of  two  hundred  and  fifty  dol- 
lars, to  be  recovered  in  any  court  of  competent  jurisdiction. 
The  party  instituting  an  action  for  such  forfeiture  shall  not 
be  entitled  to  dismiss  the  same  without  consent  of  the  court 
before  Avhich  the  suit  has  been  instituted.  Nor  shall  any 
judgment  recovered  be  settled,  satisfied,  or  discharged,  save 
by  order  of  such  court,  after  full  payment  into  court,  and  all 
moneys  so  collected  must  be  paid  to  the  party  bringing  the 
suit. 

Legislation  §  375a.     1.  Addition  by  Stats.  1901,  p.  457;  unconstitu- 

tutional.     See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.   768;   the   code   commissioner   saying, 

"This  is   a  codification   of   §§  1,  2,  3,  and  4  of  the  statute   of  1887, 

p.  110." 

§  376.  Violation  of  quarantine  law^s  by  master  of  vessel. 
Every  master  of  a  vessel  subject  to  quarantine  or  visitation 
by  the  quarantine  officer,  who  refuses  or  omits : 

1.  To  proceed  with  and  anchor  his  vessel  at  the  place  as- 
signed for  quarantine,  at  the  time  of  his  arrival ; 

2.  To  submit  his  vessel,  cargo,  and  passengers  to  the  ex- 
amination of  the  quarantine  officer,  and  to  furnish  all  neces- 
sary information  to  enable  that  officer  to  determine  to  what 
length  of  quarantine  and  other  regulations  they  ought, 
respectively,  to  be  subject;  or, 

3.  To  remain  with  his  vessel  at  the  quarantine  during  the 
period  assigned  for  her  quarantine,  and  while  at  quarantine 
to  comply  with  the  regulations  prescribed  by  law,  and  with 
such  as  any  health-officer,  hy  virtue  of  authority  given  him 
by  law.  shall  prescribe  in  relation  to  his  vessel,  his  cargo, 
himself,  his  passengers,  or  crew ; 

Is  punishable  by  imprisonment  in  the  county  jail  not  ex- 
ceeding one  year,   or  by  fine  not  exceeding  two  thousand 


§  377  PENAL    CODE.  172 

dollars,  <»i-  jx^th.  [AinciKliiiciit  niJproved  1905;  Stats.  1905, 
|).  7G'J.J 

Quarantine  and  health  regiilations  for  San  Francisco:  Pol.  Code, 
§§  ;5U01  ct  soq. 

Ship-master's  duties:  Pol.  Code,  §§  3013,  3014,  3016-3019. 

Legislation  §  376.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  S  ^;5">.  N.  Y.  Pen.  Code.  §§  391,  392),  (1)  the  introductory  para- 
graj))!  reading,  "Every  master  of  a  vessel  subject  to  quarantine  or 
visitation  by  the  health  officer,  arriving  in  the  port  of  Kan  Fran- 
cisco, who  refuses  or  omits";  (2)  in  subd.  1,  had  the  word  "or"  at 
end  of  subdivision;  (3)  in  subd.  2,  had  "health-officer"  instead  of 
"quarantine  officer";  (4)  in  subd.  3,  (a)  did  not  have  the  article 
"the"  before  "quarantine,"  and  (b)  had  "any  of  the  officers  of 
health,  by  virtue  of  authority  given  them,"  instead  of  "any  health- 
officer,  by  virtue  of  authority  given  him." 

2.  Amended  by  Code  Amdts.  1877-78,  p.  116,  differing  from  tlie 
original  code  section,  (1)  having,  in  subds.  1  and  2,  "quarantine 
officer"  instead  of  "health-officer,"  (2)  in  subd.  3,  adding  "the"  be- 
fore "quarantine"  in  first  instance. 

3.  Amendment  by  Stats.  1901,  p.  458;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  769. 

§  377.  Willful  violation  of  health  laws.  Every  person 
who  is  charged  with  a  duty  relating  to  the  registration  of 
deaths,  under  chapter  three,  title  seven,  of  the  act  to  estab- 
lish a  Political  Code,  approved  IMarch  twelfth,  eighteen  hun- 
dred and  seventy-two,  who — 

1.  "Willfully  fails  to  keep  a  registry  of  the  name,  age,  resi- 
dence, and  time  of  death  of  a  decedent ;  or, 

2.  Willfully  fails  to  register  with  the  county  recorder  a 
certified  copy  of  such  register,  as  is  provided  for  in  said 
chapter;  or, 

3.  Willfully  inters,  cremates,  or  otherwise  disposes  of  any 
human  body,  in  any  city,  county,  or  city  and  county,  Avithout 
having  first  ol)tained  a  permit,  as  provided  for  in  said  chap- 
ter; or, 

4.  Willfully  grants  a  permit  for  the  interment,  cremation, 
or  disposition  of  a  ciead  human  body,  "without  the  certificate 
provided  for  in  said  chapter;  or, 

5.  Willfully  violates  any  of  the  laws  of  this  state  relating 
to  the  preservation  of  the  public  health ; 

Is  guilty  of  a  misdemeanor,  and  is,  unless  a  different  pun- 
ishment for  such  violation  is  prescribed  by  this  code,  punish- 
able by  imprisonment  in  the  county  jail  not  exceeding  one 
year,  or  by  fine  not  exceeding  one  thousand  dollars,  or  by 
both  such  fine  and  imprisonment.  [Amendment  approved 
1889;  Stats.  1889,  p.  34.] 

Preservation  of  public  health:  Pol.  Code,  §§  2978  et  seq. 
Legislation  §  377.     1.  Enacted   February   14,   1872    (Field's   Draft, 
§441,  N.  y.  Pen.  Code,  §§  397,  404),  and  then  read:  "Every  person 


173  CRIMES   AGAINST   PUBLIC    HEALTH    AND   SAFETY.  §  379 

who  willfully  \iolates  any  of  tbe  laws  of  this  state  relating  to  the 
preservation  of  the  public  health,  is,  unless  a  different  punishment 
for  such  violation  is  prescribed  by  this  code,  punishable  by  impris- 
onment in  the  county  jail  not  exceeding  one  year,  or  by  fine  not  ex- 
ceeding one  thousand  dollars,  or  both." 
2.  Amended  by  Stats.  1889,  p.  34. 

§  377a.  State  board  of  health,  violation  of  rules  of,  relat- 
ing to  quarantine,  etc.  Every  person  who  after  notice  shall 
violate,  or  who,  npon  the  demand  of  any  public  health  officer, 
shall  refuse  or  neglect  to  conform  to  any  rule,  order  or  regu- 
lation prescribed  b}^  the  state  board  of  health  respecting  the 
quarantine,  or  disinfection  of  persons,  animals,  things  or 
places,  shall  be  guilty  of  a  misdemeanor. 

Legislation  §  377a.     Added  by  Stats.  1905,  p.  143. 

§  377b.  State  board  of  health,  violation  of  rules  of,  relat- 
ing to  pollution  of  water.  Any  person  who  shall  violate  or 
refuse  or  neglect  to  conform  to  any  sanitary  rule,  order  or 
regulation  prescribed  by  the  state  board  of  health  for  the 
prevention  of  the  pollution  of  springs,  streams,  rivers,  lakes, 
wells,  or  other  waters  used  or  intended  to  be  used  for  human 
or  animal  consumption  shall  be  guilty  of  a  misdemeanor. 
Legislation  §  377b.     Added  by  Stats.  1905,  p.  13S. 

§  377c.  State  board  of  health,  violation  of  rules  of,  relat- 
ing to  pollution  of  ice.  Any  person  who  shall  violate,  or 
refuse,  or  neglect,  to  conform  to  any  sanitary  rule,  order 
or  regulation  prescribed  by  the  state  board  of  health  for  the 
prevention  of  the  pollution  of  ice  or  the  sale  or  disposition 
of  polluted  ice  offered,  kept  or  intended  for  public  use  or 
consumption,  sball  be  guilty  of  a  misdemeanor. 
Legislation  §  377c.     Added  by  Stats.  1905,  p.  138. 

§  378.     Neglecting  to  perform  duties   under  health  law. 

Every  person  charged  with  the  performance  of  any  duty 
under  the  laws  of  this  state  relating  to  the  preservation  of 
the  public  health,  who  Avillf ully  neglects  or  refuses  to  perform 
the  same,  is  guilty  of  a  misdemeanor. 

Preservation  of  public  health:  See  Pol.  Code,  §§  297S-3064. 

Legislation  §  378.     Enacted  February  14,  1872. 

§  379.  Unlicensed  piloting.  Every  person,  not  the  master 
or  owner,  or  not  authorized  to  act  as  pilot  under  the  laws 
of  this  state,  who  pilots  or  offers  to  pilot  any  vessel  to  or 
from  any  port  of  this  state  for  which  there  are  commissioned 
or  licensed  pilots,  or  who  pilots  or  offers  to  pilot  any  vessel 
to  or  from  any  port  other  than  that  for  which  he  is  commis- 
sioned or  licensed,  and  for  wdiich  tbere  are  pilots  so  commis- 


§  381  PENAL    CODE.  174 

sioiu'd  Of  lif'fiised.  is  yiiilly  of  a  iiiisdcincanor.  |  AiiH'iidinont 
approved  1874;  Code  Anidts.  1878-74,  p.  432.] 

Pilots  and  Pilotage:  Soe  Tol.  Code.  §§  2129-2447,  2457-2470,  2476- 

2n)i. 

Carrying  on  business  without  license:  See  ante,  §  338;  post,  §  435. 

Legislation  §  379.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1SU9-70,  p.  348,  §  17. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  432,  adding  tlie  words 
"not  tlie  master  or  ownor,  or,"  aftor  "Every  person." 

§  380.  Apothecary  omitting  to  label  drugs,  or  labeling 
them  wrongfully,  etc.  Every  apothecary,  drugfjist,  or  per- 
son carrying  on  business  as  a  dealer  in  drugs  or  medicines, 
or  person  employed  as  clerk  or  salesman  by  such  person, 
who,  in  putting  up  any  drugs  or  medicines,  or  making  up 
any  prescription,  or  filling  any  order  for  drugs  or  medicines, 
willfully,  negligently,  or  ignorant!}'  omits  to  label  the  same, 
or  puts  an  untrue  label,  stamp,  or  other  designation  of  con- 
tents, upon  any  box,  bottle,  or  other  package  containing  any 
drugs  or  medicines,  or  substitutes  a  diiferent  article  for  any 
article  prescribed  or  ordered,  or  puts  up  a  greater  or  less 
quantity  of  any  article  than  that  prescribed  or  ordered,  or 
otherwise  deviates  from  the  terms  of  the  prescription  or 
order  which  he  undertakes  to  follow,  in  consequence  of 
which  human  life  or  health  is  endangered,  is  guilty  of  a  mis- 
demeanor, or  if  death  ensues,  is  guilty  of  a  felony. 

Sale  of  poisonous  substances:  See  ante,  §  347a. 

Legislation  §  380.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  445,  N.  Y.  Pen.  Code,  §  401. 

§  381.  Putting  extraneous  substances  in  packages  of  goods 
usually  sold  by  weight,   with   intent  to   increase   weight. 

Every  person  who,  in  putting  up  in  any  bag,  bale,  box,  barrel, 
or  other  package,  any  hops,  cotton,  wool,  grain,  hay,  or  other 
goods  usually  sold  in  bags,  bales,  boxes,  barrels,  or  packages 
by  weight,  puts  in  or  conceals  therein  anything  whatever, 
for  the  purpose  of  increasing  the  weight  of  such  bag,  bale, 
box,  barrel,  or  package,  with  intent  thereby  to  sell  the  goods 
therein  or  to  enable  another  to  sell  the  same,  for  an  increased 
weight,  is  punishable  by  fine  of  not  less  than  twenty-five 
dollars  for  each  offense.  [Amendment  approved  1874;  Code 
A_mdts.  1873-74,  p.  432.] 

Act  regulating  sale  of  imitation  olive-oil:  See  post.  Appendix,  tit. 
"Olive-oil." 

Adulteration,  acts  relating  to:  See  post.  Appendix,  tit.  "Adultera- 
tion."' 

Legislation  §  381.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  450,  N.  Y.  Pen.  Code,  §  406),  the  section  then  ending  with 
the  words,  "is  punishable  by  a  fine  of  twenty-five  dollars  for  each 
offense,"  after  "or  package." 


175  CRIMES  AGAINST  PUBLIC  HEALTH  AND  SAFETY.         §  381b 

2.  Ameuded  by  Code  Amdts.  1873-74,  p.  432,  adding  to  and  cbau- 
ging  the  phraseology  after  "or  package." 

§  381a.  Penalty  for  rendering-  inaccurate,  incorrect,  or 
false  tests  as  to  dairy  products.  Any  person,  or  persons, 
whether  as  principals,  agents,  managers,  or  otherwise,  who 
buy  or  sell  dairy  products,  or  deal  in  milk,  cream  or  butter, 
and  who  buy  or  sell  the  same  upon  the  1  asis  of  their  richness 
or  weight  or  the  percentage  of  cream,  or  butter-fat  contained 
therein,  who  use  any  apparatus,  test-bottle  or  other  appli- 
ance, or  who  use  the  "Babcock  test"  or  machine  of  like  char- 
acter for  testing  such  dairy  products,  cream  or  butter,  which 
is  not  accurate  and  correct,  or  which  gives  wrong  or  false 
percentages,  or  Avhich  is  calculated  in  any  way  to  defrauc' 
or  injure  the  person  with  whom  he  deals,  is  guilty  of  a  mis 
demeanor,  and  upon  conviction  shall  be  fined  not  more  than 
five  hundred  dollars  ($500.00)  or  imprisoned  in  the  county 
jail  not  more  than  six  (6)  months. 

Dairies,  acts  relating  to:   See  post.  Appendix,  tit.  "Dairies'*;  also 
General  Laws,  tit.  "Dairies." 

Legislation  §  381a.     Added  by  Stats.  1901,  p.  324. 

§  381b.     State  dairy  bureau.     Duty  of,  relating"  to  the  en- 
forcement of  the  law^  on  false  tests  of  dairy  products.     It 

shall  be  the  duty  of  the  state  dairy  bureau,  now  existing 
under  the  laws  of  this  state,  to  enforce  the  provisions  of  sec- 
tion three  hundred  and  eighty-one  a  of  the  Penal  Code  and 
cause  the  prosecution  of  persons  M'hom  it  knoAvs.  or  has  rea- 
son to  believe,  are  guilty  of  violating  the  provisions  of  said 
section  of  the  Penal  Code.  It  shall  be  the  duty  of  the  dis- 
trict attorney  of  each  and  every  county  in  the  state  to  attend 
to  the  prosecution  of  all  persons  within  his  district  against 
whom  the  state  dairy  bureau  shall  enter  complaint  for  vio- 
lating the  provisions  of  said  section  of  the  Penal  Code.  Said 
state  dairy  bureau  shall  from  time  to  time  inspect  and  ex- 
amine as  to  their  accuracy,  or  their  adaptability  to  give 
accurate  results,  all  glassware,  measures,  scales,  weights  and 
other  apparatus  used  in  creameries,  and  factories  of  dairy 
products  where  milk  and  cream  are  purchased,  to  determine 
the  amount  or  percentage  of  fat  in  milk  or  cream.  Said 
state  dairy  bureau  shall  supply  at  cost,  and  not  oftener  than 
once  in  a  year,  to  every  creamery,  or  other  factory  of  dairy 
products  where  milk  and  cream,  or  either,  are  purchased, 
upon  application  not  more  than  two  tubes  or  bottles  and  one 
pipette  of  the  forms  used  with  the  Babcock  test,  which  it 
shall  first  examine  as  to  accuracy,  and  if  accurate,  or 
adapted  to  give  accurate  results  under  the  usual  method  of 
operating  the  Babcock  test,  said  state  dairy  bureau  shall 


§  382  PENAL  com:.  17G 

certil'y  to  this  by  iiiarkinjj;  (liirul)ly  and  pcnnaiieiitly  upon 
each  and  every  piece  of  apparatus  supplied  the  letters 
"D.  B."  Said  state  dairy  bureaus  shall  also  upon  payment 
at  the  rate  of  one  dollar  for  each  dozen,  test  or  examine  into 
the  accuracy  of  all  test-bottles  or  tubes  and  pipettes  sent 
to  it  direct  from  any  creamery,  or  other  factory  of  dairy 
protlucts  where  milk  or  cream  are  [is]  purchased,  and  if 
found  accurate,  or  adapted  to  give  accurate  results,  the  let- 
ters "D.  B."  shall  be  marked  upon  each  piece  of  apparatus 
examined.  The  state  dairy  bureau  shall  pay  all  money  re- 
ceived for  making  such  tests  for  examinations  into  the  state 
treasury  and  the  same  shall  become  a  part  of  the  appropria- 
tion for  the  use  of  the  state  dairy  bureau  and  its  disposition 
shall  be  at  the  disposal  of  the  state  dairy  bureau  in  enforcing 
the  provisions  of  this  act. 

Acts  relating  to  dairies:  See  post,  Appendix,  tit.  "Dairies";  also 
Goneral  Laws,  tit.  "Dairies." 

Legislation  §  381b.     Added  by  Stats.  1905,  p.  168. 

§  382.  Adulterating'  food,  drugs,  liquors,  etc.  Every  per- 
son who  adulterates  or  dilutes  any  article  of  food,  drink, 
drug,  medicine,  spirituous  or  malt  liquor,  or  wine,  or  any 
article  useful  in  compounding  them,  with  the  fraudulent 
intent  to  offer  the  same,  or  cause  or  permit  it  to  be  offered 
for  sale  as  unadulterated  or  undiluted ;  and  every  person  who 
fraudulently  sells,  or  keeps  or  offers  for  sale  the  same,  as  un- 
adulterated or  undiluted,  or  who,  in  response  to  an  inquiry 
for  any  article  of  food,  drink,  drug,  medicine,  spirituous 
or  malt  liquor,  or  wine,  sells  or  offers  for  sale,  a  different 
article,  or  an  article  of  a  different  character  or  manufacture, 
without  first  informing  such  purchaser  of  such  difference,  is 
guilty  of  a  misdemeanor;  provided,  that  no  retail  dealer 
shall  be  convicted  under  the  provisions  of  this  section  if  he 
shall  prove  a  written  guaranty  of  purity  obtained  from  the 
person  from  whom  he  purchased  such  adulterated  or  diluted 
goods.     [Amendment  approved  1903;  Stats.  1903,  p.  351.] 

Acts  relating  to  deception  in  sale  of  dairy  products:  See  post. 
Appendix,    tit.    "Dairies." 

Adulteration,  acts  relating  to:  See  post.  Appendix,  tit.  "Adultera- 
tion." 

Legislation  §  382.  1.  Enacted  February  14,  1872.  The  code  com- 
missioners say:  "This  and  the  succeeding  section  is  based  upon  §  125 
of  the  Crimes  and  Punishment  Act  (Stats.  1850,  p.  229),  and  upon 
the  acts  to  prevent  the  adulteration  of  food,  milk,  etc.  (Stats.  1860, 
p.  186;  Stats.  1862,  p.  484;  Stats.  1869-70,  p.  298).  The  commis- 
sion follow  the  language  of  the  New  York  Penal  Code,  [Field's 
Draft,]  §§  451,  452."  N.  Y.  Pen.  Code,  §  407.  When  enacted  in  1872, 
§  382  read:  "Every  person  who  adulterates  or  dilutes  any  article 
of  food,  drink,  drug,  medicine,  spirituous  or  malt  liquor,  or  wine, 


177  CRIMES   AGAINST   PUBLIC    HEALTJI    AND   SAFETY.  §  383 

or  any  article  useful  iu  eouipoundiug  them,  with  a  fraudulent  inteut 
to  offer  the  same  or  cause  or  permit  it  to  be  offered  for  sale  as 
unadulterated  or  undilulted,  and  every  person  who  fraudulently 
sells,  or  keeps  or  offers  for  sale  the  same,  as  unadulterated  or  un- 
diluted, is  guiltj'  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  458;  unconstitutional.     See  note. 
§  5,  ante. 

3.  Amended  by  Stats.  1903,  p.  351. 

§  383.  Sale  of  adulterated  or  tainted  food,  or  drink  or 
drug.  "Drug"  defined.  "Food"  defined.  Drugs  deemed  to 
be  adulterated.  Food  deemed  to  be  adulterated.  Every  per- 
son who  knowingly  sells,  or  keeps  or  offers  for  sale,  or  other- 
wise disposes  of  any  article  of  food,  drink,  drug,  or  medi- 
cine, knowing  that  the  same  is  adulterated  or  has  become 
tainted,  decayed,  spoiled,  or  otherwise  unwholesome  or  unfit 
to  be  eaten  or  drunk,  with  intent  to  permit  the  same  to  be 
eaten  or  drunk,  is  guilty  of  a  misdemeanor,  and  must  be 
fined  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  one 
hundred  days,  or  both,  and  may,  in  the  discretion  of  the 
court,  be  adjudged  to  pay,  in  addition,  all  the  necessary  ex- 
penses, not  exceeding  fifty  dollars,  incurred  in  inspecting 
and  analyzing  such  articles.  The  term  "drug,"  as  used 
herein^  includes  all  medicines  for  internal  or  external  use, 
antiseptics,  disinfectants,  and  cosmetics.  The  term  "food," 
as  used  herein,  includes  all  articles  used  for  food  or  drink 
hy  man,  whether  simple,  mixed,  or  compound.  Any  article 
is  deemed  to  be  adulterated  within  the  meaning  of  this 
section : 

(a)  In  case  of  drugs  :  (1)  If,  when  sold  under  or  by  a  name 
recognized  in  the  United  States  Pharmacopoeia,  it  differs 
materially  from  the  standard  of  strength,  quality,  or  purity 
laid  down  therein;  (2)  If,  when  sold  under  or  by  a  name 
not  recognized  in  the  United  States  Pharmacopoeia,  but 
which  is  found  in  some  other  pharmacopoeia  or  other 
standard  work  on  materia  medica,  it  differs  materially  from 
the  standard  of  strength,  quality,  or  purity  laid  down  in  such 
work;  (3)  If  its  strength,  quality,  or  purity  falls  below  the 
professed  standard  under  which  it  is  sold. 

(b)  In  the  case  of  food:  (1)  If  any  substance  or  sub- 
stances have  been  mixed  with  it,  so  as  to  lower  or  depreciate, 
or  injuriously  affect  its  quality,  strength,  or  purity;  (2)  If 
any  inferior  or  cheaper  substance  or  substances  have  been 
substituted  wholly  or  in  part  for  it;  (3)  If  any  valuable  or 
necessary  constituent  or  ingredient  has  been  wholly  or  in 
part  abstracted  from  it;  (4)  If  it  is  an  imitation  of,  or  is 
sold  under  the  name  of.  another  article ;   (5)   If  it  consists 

Pen.  Code — 12 


§  383a  I'ExVAL  coDR.  178 

Avholly,  or  in  ])afl,  ol!  ;i  disoasod,  tlceoiuposcd,  i)utrid,  iiii'ccled, 
tainted  oi-  I'otton  animal  or  vegetable  substance  or  article, 
■whether  manufactured  or  not ;  or  in  the  case  of  milk,  if  it  is  the 
produce  of  a  diseased  animal ;  (6)  If  it  is  colored,  coated,  pol- 
ished, or  powdered,  -whereljv  damage  or  inferiority  is  con- 
cealed, or  if  ])y  any  means  it  is  made  to  appear  better  or  of 
greater  value  than  it  really  is;  (7)  If  it  contains  any  added 
substance  or  ingredient  which  is  poisonous  or  injurious  to 
health.  [Amendment  approved  1905;  Stats.  1905,  p.  769.] 
Acts  relating  to  adulteration:  See  post  Appendix;  tit.  "Adultera- 
tion." 

Acts  relating  to  deception  in  manufacture  and  sale  of  dairy 
products:   See  post.  Appendix,  tit.  "Dairies." 

Act  regulating  sale  of  imitation  olive-oil:  See  post,  Appendix,  tit. 
"Olive-oil." 

Adulterated  dru?s  and  foods,  acts  relating  to:  See  post.  Appendix, 
tit.  "Adult<'ratioii." 

Legislation  §  383.  1.  Enacted  February  14,  1872  (N.  Y.  Pen.  Code, 
§  408).  See  ante,  Legislation  §  382,  for  code  commissioners'  note. 
When  enacted  in  1872,  §  383  read:  "Every  person  who  knowingly 
sells,  or  keeps  or  offers  for  sale,  or  otherwise  disposes  of  any  article 
of  food,  drink,  drug,  or  medicine,  knowing  that  the  same  has  become 
tainted,  decayed,  spoiled,  or  otherwise  unwholesome  or  untit  to  be 
eaten  or  drank,  with  intent  to  permit  the  same  to  be  eaten  or  drank, 
is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  439;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  769;  the  code  commissioner  saying, 
"The  amendment  is  a  consolidation  of  the  present  §  383  with  the 
statute  of  1895,  p.  71.  §  4  of  the  statute  has,  however,  been  omitted 
as  unnecessary. 

§  383a.  Sale  of  process  or  renovated  butter.  Any  person, 
firm,  or  corporation,  who  sells  or  offers  for  sale,  or  has  in  his 
or  its  possession  for  sale,  any  butter  manufactured  by  boiling, 
melting,  deodorizing,  or  renovating,  which  is  the  product 
of  stale,  rancid,  or  decomposed  butter,  or  by  any  other  pro- 
cess whereby  stale,  rancid,  or  decomposed  butter  is  manu- 
factured to  resemble  or  appear  like  creamery  or  dairy  but- 
ter, unless  the  same  is  plainly  stenciled  or  branded  upon 
each  and  every  package,  barrel,  firkin,  tub,  pail,  square,  or 
roll,  in  letters  not  less  than  one-half  inch  in  length,  "process 
butter,"  or  "renovated  butter,"  in  such  a  manner  as  to  advise 
the  purchaser  of  the  real  character  of  such  "process"  or 
"renovated"  butter,  is  guilty  of  a  misdemeanor. 

Acts  relating  to  deception  in  manufacture  and  sale  of  dairy 
products:   See  post,  Appendix,  tit.  "Dairies." 

Legislation  §  383a.  1.  Addition  by  Stats.  1901,  p.  460;  unconstitu- 
tional.    See   note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  770;  the  code  commissioner  saying, 
"The  statute  of  1899,  p.  25  (repealed  1905:  470),  is  here  re-enacted 
and  codified." 


179  CRIMES   AGAINST    PUBLIC    HEALTH    AND   SAFETY.  §  38-1 

§  384.     Penalty  for  violating'  act  for  prevention  of  fires. 

Any  person  avIio  shall  willfully  or  negligently  commit  any  of 
the  acts  hereinafter  enumerated  in  this  section  shall  be 
guilty  of  a  misdemeanor,  and  npon  conviction  thereof  be 
punishable  by  a  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars,  or  imprisonment  in  the  county  jail  not  less 
than  fifteen  days  nor  more  than  six  months,  or  both  such 
fine  and  imprisonment,  except  that  in  the  case  of  an  otfense 
against  subsection  5  of  this  section  the  fine  imposed  may  be 
not  less  than  ten  dollars : 

1.  Setting  fire,  or  causing  or  procuring  fire  to  be  set  to 
any  forest,  brush  or  other  inflammable  vegetation  growing 
on  lands  not  his  own,  without  the  permission  of  the  owner 
of  such  land ;  provided,  that  no  person  shall  be  convicted 
under  this  section  who  shall  have  set,  in  good  faith  and  with 
reasonable  care,  a  back  fire  for  the  purpose  of  stopping  the 
progress  of  a  fire  then  actually  burning. 

2.  Allowing  fires  to  escape  from  the  control  of  the  persons 
having  charge  thereof,  or  to  spread  to  the  lands  of  any 
person  other  than  the  builder  of  such  fire  without  using 
every  reasonable  and  proper  precaution  to  prevent  such  fire 
from  escaping. 

3.  Burning  brush,  stumps,  logs,  rubbish,  fallen  timbers, 
fallows  or  grass  on  his  own  land,  or  blasting  with  dynamite, 
powder  or  other  explosives,  or  setting  off  fireworks  in  forest 
or  brush-covered  land,  either  his  own  or  the  property  of 
another,  without  taking  every  proper  and  reasonable  pre- 
caution both  before  the  lighting  of  said  fire  and  at  all  times 
thereafter  to  prevent  the  escape  thereof;  provided,  that  any 
firewarden  may,  in  his  discretion,  give  a  written  permit  to 
any  person  desiring  to  burn  or  blast  as  aforesaid ;  such 
permit  shall  contain  such  rules  and  regulations  for  the  build- 
ing and  management  of  such  fires  as  the  state  board  of 
forestry  may  from  time  to  time  prescribe ;  and  in  any  prose- 
cution under  this  subsection  it  shall  be  prima  facie  evidence 
that  the  defendant  has  taken  proper  and  reasonable  pre- 
cautions to  prevent  the  escape  of  such  fire,  when  he  shall 
show  that  he  has  received  such  a  permit  and  has  complied 
with  all  the  rules  and  regulations  therein  prescribed. 

4.  Using  any  logging  locomotive,  donkey  or  threshing 
engine,  or  any  other  engine  or  boiler,  in  or  near  any  forest, 
brush  or  grass  land,  unless  he  shall  prove  upon  the  trial, 
affirmatively,  that  such  engines  or  boilers  used  by  him  were 
provided  with  adequate  devices  to  prevent  the  escape  of  fire 
or  sparks,  from  smokestacks,  ash-pans,  fire-boxes,  or  other 
parts,  and  that  he  has  used  every  reasonable  precaution  to 
prevent  the  causing  of  fire  thereby. 


§  384  I'KNAI.    CODE.  180 

.').  Hfi'iisiiiu'  ()!•  lailiiig  to  render  assistance  in  combating 
fires  at  the  sninnioiis  of  any  Jirewaiden  iniless  i)revtiut(?(l  by 
i^ood  and  sulHeieiit  reasons. 

t).  Leaving  tire  burning  or  unextinguished  on  departing 
from  a  camp  or  camping  i)lace,  or  allowing  such  fire  to 
spread  after  being  built. 

7.  The  provisions  of  this  section  shall  not  apply  to  the 
setting  of  lire  on  lands  within  any  municipal  corporation 
of  the  state.  [Amendment  approved  1911;  Stats.  1911, 
p.  1356.] 

Legislation  §  384.     1.  Enacted  February  li,  1872  (based  on  Stats. 

1S32,  p.  IIJ,  §  1),  and  then  read:  "384.     Every  person  who  willfully 

or  negligently  sets  on  fire,  or  causes  or  procures  to  be  set  on  fire, 

any  woods,  prairies,  grasses,  or  grain,  on  any  lands,  is  guilty  of  a 

misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  460j  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  758,  reading  the  same  as  the  origi- 
nal code  section  down  to  the  words  "on  any  lands,"  thereafter  pro- 
ceeding, "not  his  own,  is  guilty  of  a  misdemeanor,  and  punishable 
by  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  not 
exceeding  one  year,  or  both";  the  code  commissioner  saying,  "The 
amendment  designates  the  punishment,  and  in  this  respect  conforms 
the  section  to  the  statute  of  1871-72,  p.  96,  on  the  same  subject, 
and  inserts  after  the  word  'lands'  the  words  'not  his  own,'  to  conform 
the  section  to  what  was  obviously  the  intent  of  the  legislature." 

4.  Amended  by  Stats.  1907,  p.  996,  to  read  as  follows:  "Any  per- 
son who  shall  willfully  or  negligently  commit  any  of  the  acts  here- 
inafter enumerated  in  this  section  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  be  punishable  by  a  fine  of  not  less 
than  twenty-five  nor  more  than  five  hundred  dollars,  or  imprison- 
ment in  the  county  jail  not  less  than  fifteen  days  nor  more  than 
six  months,  or  both  such  fine  and  imprisonment,  except,  that  in 
case  of  an  offense  against  subsection  five  of  this  section,  the  fine 
imposed  may  be  not  less  than  ten  dollars:  1.  Setting  fire,  or  causing 
or  procuring  fire  to  be  set  to  any  forest,  woodland,  brush,  prairie, 
grass,  grain,  stubble  or  any  other  material  being  or  growing  on 
lands  not  his  own,  without  the  permission  of  the  owner  of  such  land; 
provided,  that  it  shall  be  lawful  to  build,  in  a  careful  manner,  camp- 
fires  on  any  uninclosed  lauds,  the  owner  of  which  has  not  forbidden 
such  building  of  camp-fires  thereon  by  personal  notice  or  by  posting 
such  prohibition  in  conspicuous  places  or  otherwise;  and  provided 
further,  that  before  departing  from  the  place  where  such  camp-fire 
has  been  built,  the  builder  of  such  fire  first  totally  extinguishes  the 
same.  2.  Allowing  fires,  lawfully  set,  to  escape  from  the  control 
of  the  person  having  charge  thereof,  or  to  spread  to  the  lands  of 
any  person  other  than  the  builder  of  such  fire.  3.  Building  a  fire 
on  his  own  land  for  the  purpose  of  burning  brush,  stumps,  logs,  rub- 
bish, fallen  timber,  fallows,  grass  or  any  other  thing  whatsoever, 
or  blasting  wood  with  dynamite,  powder  or  other  explosives,  or 
setting  off  fire-works  in  forest  or  brush-covered  land,  either  his 
own  or  the  property  of  another  during  a  dry  season;  provided,  that 
any  state  or  district  fire-warden  may,  in  his  reasonable  discretion, 
give  a  written  permit  to  any  person  desiring  to  build  fires  or  blast 
as  aforesaid;   such  permit  shall  contain  such  rules   and  regulations 


181  CRIMES  AGAINST  PUBLIC   HEALTH  AND  SAFETY.         §  384c 

for  the  building  and  management  of  sueli  fires  as  the  state  board  of 
forestry  may  from  time  to  time  prescribe;  and  no  person  shall  be 
convicted  under  this  subsection,  who  shall  upon  the  trial  prove, 
affirmatively,  that  he  has  complied  with  all  the  rules  and  regula- 
tions so  prescribed;  and  provided,  further,  that  any  person  engaged 
in  logging  redwood  may  carefully  use  explosives  or  fire  in  the  man- 
ner in  which  it  is  now  customarily  used  in  such  logging.  4.  Using 
any  logging-locomotive,  donkey  or  thrashing-engine,  or  any  other 
engine  or  boiler,  except  such  as  use  oil  exclusively  for  fuel,  in  or 
near  any  forest,  brush  or  grass  land,  unless  he  shall  prove  upon  the 
trial,  affirmatively,  that  such  engines  or  boilers  used  by  him  were 
provided  with  adequate  devices  to  prevent  the  escape  of  fire  or 
sparks  from  smoke-stacks,  ash-pans,  fire-boxes  or  other  parts,  and 
that  he  has  used  every  reasonable  precaution  to  prevent  the  causing 
of  fire  thereby.  5.  Eefusiug  or  failing  to  comply  with  the  summons 
of  any  fire-warden  authorized  to  call  out  persons  to  aid  in  extin- 
guishing forest  fires,  unless  prevented  by  good  and  sufficient  reasons. 
No  person  shall  be  convicted  under  this  section  who  shall  have  set, 
in  good  faith  and  with  reasonable  care,  a  back-fire  for  the  purpose 
of  stopping  the  progress  of  a  fire  then  actually  burning.  One  half 
of  all  fines  paid  into  any  county  treasury  upon  conviction  under 
this  section  shall  be  paid  by  the  county  treasurer  into  the  state 
treasury  to  the  credit  of  the  forestry  fund." 
5.  Amended  by  Stats.  1911,  p.  2 .356. 

§  384a.     Keeping  fires  within  certain  limits.     [Repealed 

1907;  Stats.  1907,  p.  998.] 

Legislation  §  384a,  1.  Addition  by  Stats.  1901,  p.  4G0;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  758. 

3.  Repealed  by  Stats.  1907,  p.  998. 

§  384b.     Camp-fire.     [Repealed  1907  ;  Stats.  1907,  p.  998.] 

Legislation  §  384b.  1.  Addition  by  Stats.  1901,  p.  460;"  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  758. 

3.  Repealed  by  Stats.  1907,  p.  998. 

§  384c.  Animals  injured  by  persons  hunting.  Every  per- 
son who  willi'ully  or  negligently,  while  hunting  upon  the  in- 
closed lands  of  another,  kills,  maims,  or  wounds  an  animal, 
the  property  of  another,  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1907;  Stats.  1907,  p.  566.] 

Hunting  on  inclosed  land:  See  post,  §§  G02,  subd.  9,  627.  See  also. 
Appendix,  tit.  "Fences  and  luclosures." 

Legislation  §  384c.  1.  Addition  by  Stats.  1901,  p.  460;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  673. 

3.  Amended  by  Stats.  1907,  p.  566;  the  code  commissioner  saying, 
'"The  codification  of  §  4  of  the  statute  of  1875-76,  p.  408,  respecting 
the  wounding  of  animals  while  hunting  upon  the  lands  of  another, 
was  made  by  this  section  in  1905.  In  1907  the  section  was  amended 
by  changing  'and'  to  'or'  between  the  words  'willfully'  and  'negli- 
gently.' " 


§  3iJU  PENAL    CODE.  182 

§  385.  Obstructing  attempts  to  extinguish  fires.  Every 
person  who,  at  the  buniinji'  oi'  a  building,  disol)ey.s  the  lawful 
ordens  of  any  public  officer  or  fireman,  or  offers  any  resist- 
ance to  or  interference  with  the  lawful  efforts  of  any  fire- 
man or  company  of  firemen  to  extinjjuish  the  same,  or  en- 
gages in  any  disorderl^y  conduct  calculated  to  prevent  the 
same  from  being  extinguished,  or  who  forbids,  prevents,  or 
dissuades  others  from  assisting  to  extinguish  the  same,  is 
guilty  of  a  misdemeanor. 

Fires  and  firemen:  See  Pol.  Code,  §§  3335  et  seq. 

Legislation  §  385.     Enacted  February  14,  1872. 

§  386.     Maintaining  bridge   or  ferry  without  authority. 

Every  person  who  demands  or  receives  compensation  for  the 
use  of  any  bridge  or  ferry,  or  sets  up  or  keeps  any  road, 
bridge,  ferry,  or  constructed  ford  for  the  purpose  of  receiv- 
ing any  remuneration  for  the  use  of  the  same,  -without  au- 
thority of  law,  is  guilty  of  a  misdemeanor. 

Public  ferries  and  toll-bridges:  Pol.  Code,  §§  2843  et  seq. 
Legislation  §  386.     Enacted   February   14,   1872;   based   on   Field's 
Draft,  §  4.59,  N.  Y.  Pen.  Code,  §  415.     The   code  commissioners  say: 
"Founded    on    §§  1    and    18   of   act    concerning  ferries   and   bridges. 
(Stats.  1855,  p.  183.)" 

§  387.     Violating  condition  of  undertaking  to  keep  ferry 

Every  person  who,  having  entered  into  an  undertaking  to 
keep  and  attend  a  ferry,  violates  the  conditions  of  such  un- 
dertaking, is  guilty  of  a  misdemeanor. 

Undertaking  by  ferryman:   See  Pol.  Code,  §  2850. 
Legislation  §  387.     Enacted  February  14,  1872;   based  on  Field's 
Draft,  §  460,  N.  Y.  Pen.  Code,  §  415. 

§  388.  Riding  or  driving  faster  than  a  walk  on  toll- 
bridges.  p]very  person  who  willfully  rides  or  drives  faster 
than  a  Avalk  on  or  over  any  toll-bridge,  lawfully  licensed,  is 
punisliable  by  fine  not  exceeding  twenty  dollars. 

Legislation  §  388.     Enacted   February   14,   1872;   based   on   Stats. 

1861,  p.  IS,  §  ]. 

§  389.  Crossing  bridge,  etc.,  without  paying  toll.  Every 
person  not  exempt  from  paying  tolls,  who  crosses  on  any 
ferry  or  toll-bridge,  or  passes  through  any  toll-gate,  lawfully 
kept,  without  paying  the  toll  therefor,  and  with  intent  to 
avoid  such  payment,  is  punishable  by  fine  not  exceeding 
twenty  dollars. 

Legislation  §  389.     Enacted   February   14,   1872;   based   on   Stats. 

1861,  p.  IS,  §  2. 

§  390.  Engineer  of  locomotive-engine  omitting  to  ring 
bell  when  crossing  highway.     Every  person  in  cliarge  of  a 


183  CRIMES  AGAINST   PUBLIC    HEALTH    AND   SAFETY.         §  893 

locomotive-engine  who,  before  crossing  any  traveled  public 
way,  omits  to  cause  a  bell  to  ring  or  steam-whistle  to  sound 
at  the  distance  of  at  least  eighty  rods  from  the  crossing, 
and  up  to  it,  is  guilty  of  a  misdemeanor. 

Penalty  of  company  in  such  cases:  See  Civ.  Code,  §  486. 

Legislation  §  390.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  461,  N.  Y.  Pen.  Code,  §  421. 

§  391.  Intoxication  of  engineers,  conductors,  or  drivers 
of  locomotives  or  cars.  Every  person  who  is  intoxicated 
while  in  charge  of  a  locomotive-engine,  or  while  acting  as 
conductor  or  driver  upon  any  railroad  train  or  ear,  whether 
propelled  by  steam  or  drawn  hy  horses,  or  while  acting  as 
train-dispatcher  or  as  telegraph-operator,  receiving  or 
transmitting  dispatches  in  relation  to  the  movement  of 
trains,  is  guilty  of  a  misdemeanor. 

Driver  addicted  to  intoxication:  See  Pol.  Code,  §§  2932,  2933. 

Intoxication  of  railroad  employees:  See  ante,  §  369f. 

Legislation'  §  391.  Enacted  February  14,  1872  (Field's  Draft,  §  462, 
N.  Y.  Pen.  Code,  §420).  The  code  commissioners  say  in  their  note 
to  the  Penal  Code  Draft,  "Founded  upon  §  52  of  act  to  provide  for 
the  incorporation  of  railroad  companies  (Stats.  1861,  p.  607)."  and 
in  their  note  to  the  original  code  section,  "See  Pol.  Code,  §§  2920- 
2933.  This  section  was  amended  so  as  to  read  as  published  in  the 
text,  by  act  of  April  1,  1872:  'An  Act  to  amend  and  in  relation 
to  the  Political,  Civil,  and  Penal  Codes,  and  the  Code  of  Civil  Pro- 
cedure,' now  on  file  in  the  office  of  the  secretary  of  state." 

§  392,    Placing  passenger-cars  in  front  of  freight-cars. 

Every  person  w^ho,  in  making  up  or  running  railroad  trains, 
places  or  runs,  or  causes  to  be  placed  or  run,  any  freight- 
car  in  the  rear  of  passenger-cars,  is  guilty  of  a  misdemeanor, 
and  if  loss  of  life  or  limb  results  from  such  placing  or  run- 
ning, is  guilty  of  felony.  The  term  "freight-car,"  as  used 
in  this  section,  does  not  include  a  baggage,  express,  or  mail 
car. 

Legislation  §  392.  Enacted  February  14,  1872  (N.  Y.  Pen.  Code, 
§  422).  The  code  commissioners  say  in  their  note  to  the  Penal  Code 
Draft,  "Based  upon  §  47  of  the  Railroad  Incorporation  Act  (Stats. 
1861,  p.  607),"  and  in  their  note  to  the  original  code  section,  "This 
section  was  amended  so  as  to  read  as  published  in  the  text,  by  act 
of  April  1,  1872:  'An  Act  to  amend  and  in  relation  to  the  Political, 
Civil,  and  Penal  Codes,  and  the  Code  of  Civil  Procedure,'  now  on 
file  in  the  office  of  the  secretary  of  state." 

§  393.  Violation  of  duty  by  employees  of  railroad  com- 
panies. Every  engineer,  conductor,  brakeman,  switch- 
tender,  or  other  officer,  agent,  or  servant  of  any  railroad 
company,  who  is  guilty  of  any  willful  violation  or  omission 
of  his  duty  as  such  officer,  agent,  or  servant,  whereby  human 


§  397  PENAL   CODE.  184 

life  or  safety  is  endaii^ered,  the  puiiislinient  of  wliich  is  not 
otherwise  prescribed,  is  ji'uilty  of  a  iriisdeineanor. 

Legislation  §  393.     Jinacteil    February    14,   1872;    almost   iileiitical 
with    FicM's  Draft,  §  403. 

§  394.  Exposing'  person  infected  with  any  contagious  dis- 
ease in  a  public  place.  Every  person  Avho  willfully  exposes 
himself  or  another  afHieted  with  any  contagions  or  infectious 
disease,  in  any  public  place  or  thoroughfare,  except  in  his 
necessary  removal  in  a  manner  the  least  dangerous  to  the 
public  health,  is  guilty  of  a  misdemeanor. 

Legislation  §  394.     Enacted  February   14,   1872;    basci   on   Field's 

Draft,  §  4GS,  N.  Y.  Pen.  Code,  §  4:!4. 

§  395.     Frauds  practiced  to  affect  the  market  price.    Every 

person  who  willfully  makes  or  publishes  any  false  statement, 
spreads  any  false  rumor,  or  employs  any  other  false  or 
fraudulent  means  or  device,  with  intent  to  affect  the  market 
price  of  any  kind  of  property,  is  guilty  of  a  misdemeanor. 
Legislation  §  395.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  469,  N.  Y.  Pen.  Code,  §  435. 

§396.  Racing' upon  highways.  Every  person  driving  any 
conveyance  drawn  by  horses,  upon  any  public  road  or  way, 
Avho  causes  or  suffers  his  horses  to  run,  wdth  intent  to  pass 
another  conveyance,  or  to  prevent  such  other  from  passing 
his  own.  is  guilty  of  a  misdemeanor. 
Racing  on  highways:  See  post,  §  415. 

Legislation  §  396.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  472,  N.  Y.  Pen.  Code,  §  666. 

§  397.  Sale  of  liquor  to  habitual  drunkards  or  Indians 
forbidden.  Every  person  who  sells  or  furnishes,  or  causes 
to  be  sold  or  furnished,  intoxicating  liquors  to  any  habitual 
or  common  drunkard,  or  to  any  Indian  of  whole  or  mixed 
blood,  or  to  any  person  w^ho  is  commonly  known  to  live 
and  associate  with  Indians,  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1915;  Stats.  1915,  p.  341.] 

Sale  of  liquor  to  persons  addicted  to  inordinate  use  of,  statute 
relating  to:   See  post.  Appendix,  tit.  "Intoxicating  Liquors." 

Legislation  §  397.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1850,  p.  408,  §  15,  as  amended  by  Stats.  1855,  p.  179,  §  2).  and  then 
read:  "Every  person  who  sells  or  furnishes,  or  causes  to  be  sold  or 
furnished,  intoxicating  liquors  to  any  Indian,  is  guilty  of  a  mis- 
demeanor." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  462,  adding  "habitual  or 
common  drunkard,  or,"  before  "Indian,"  the  section  then  reading 
as  the  amendment  of  1903  (the  present  section),  except  that  it  did 
not  have  the  words  "to  any"  before  "Indian." 

3.  Amended  by  Stats.  1893,  p.  98,  to  read:  "Every  ])erson  who  sells 
or    furnishes,    or    causes    to   bo   sold    or    furnished,    any    intoxicating 


185  CRIMES   AGAINST   PUBLIC    HEALTH    AND   SAFETY.         §  398 

liquors  to  any  liabitual  or  common  rlruukard,  is  guilty  of  a  misde- 
meanor; or  who  sells  or  furnishes,  or  causes  to  be  sold  or  furnished, 
intoxicating  liquors  to  any  Indiaji,  is  guilty  of  a  felony." 

■i.  Amended  by  Htats.  1897,  p.  29,  changing  the  section,  after  the 
words  "any  Indian,"  to  read,  "is  punishable  by  imprisonment  in  the 
state  prison,  or  in  a  county  jail,  not  exceeding  two  years,  or  by  a 
fine  not  exceeding  one  thousand  dollars,  or  both." 

5.  Amendment  by  Stats.  1901,  p.  460;  unconstitutional.  See  note 
§  5,  ante. 

6.  Amended  by  Stats.  1903,  p.  93,  being  almost  identical  with  the 
amendment  of  1873-74;  q.  v.,  supra. 

7.  Amended   by   Stats.   1915,   p.   341. 

§  397a.  Furnishing  liquor  to  persons  addicted  to  inordi- 
nate use  thereof. 

Legislation  §  397a.  Addition  by  Stats.  1901,  p.  461;  unconstitu- 
tional.    (Code  commissioner's  addition.)      See  note,  §  5,  ante. 

§  397b.  Liquors,  selling  of,  to  minors.  Permitting  minor 
to  visit  saloons.  Not  to  apply  to  parents.  Every  person 
who  sells,  gives  or  delivers  to  any  minor  child,  male  or 
female,  under  the  age  of  eighteen  years,  any  intoxicating 
drink  in  any  quantity  whatsoever,  or  who,  as  proprietor  or 
manager  of  any  saloon  or  public  house  where  intoxicating 
liquors  are  sold,  permits  any  such  minor  child  under  the  age 
of  eighteen  years,  to  visit  said  saloon  or  public  house  where 
intoxicating  licpiors  are  sold,  shall  be  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction  thereof,  be  punished  by 
a  tine  of  not  more  than  three  hundred  dollars,  or  by  impris- 
onment in  the  county  jail  for  a  period  not  exceeding  one 
hundred  and  fifty  days,  or  by  both  such  fine  and  imprison- 
ment ;  provided,  that  this  section  shall  not  apply  to  the 
parents  of  such  children,  or  to  guardians  of  their  wards. 

Legislation  §  397b.  1.  Addition  by  Stats.  1901,  p.  461,  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  673;  the  code  commissioner  saying, 
"This  is  a  coclifieatiou  of  the  statute  of  1903,  p.  319,  respecting  the 
sale  of  Intoxicating  liquors  to  children." 

§  397c.     Sale  of  liquors  between  2  and  6  a.  m.,  prohibited. 

Every  person  engaged  in  the  business  of  the  sale  or  disposi- 
tion of  intoxicating  liquors,  who  sells,  gives  or  delivers,  to 
any  person  any  intoxicating  liquor  between  the  hours  of 
2  o'clock  a.  m.  and  6  o'clock  a.  m.  of  the  same  day,  is  guilty 
of  a  misdemeanor. 

Legislation  §  397c.     Added  by  Stats.  1913,  p.  737. 

§  398.  Selling  firearms  and  ammunition  to  Indians.  [Re- 
pealed 1913;  stats.  1913,  p.  57.] 

Legislation  §  398.  1.  Enacted  February  14,  1872;  based  on  Stats. 
185'4,  Kerr  ed.,  p.  15,  Redding  ed.,  p.  24,  §  1. 

2.  Repealed  by  Stats.  1913,  p.  57. 


§  401a  PENAL    CODE.  1S6 

§399.  Death  from  mischievous  animals.  If  llic  owner  of 
a  iiiiscliievous  animal,  knowing' its  ])i'()i)(Misities,  willfully  .suf- 
IVrs  it  to  ^o  at  large,  or  keeps  it  without  ordinary  eare,  and 
such  animal,  Avhile  so  at  large,  or  Avhile  not  kept  with  ordi- 
nary care,  kills  any  human  being  Avho  has  taken  all  the  pre- 
cautions which  the  circumstances  permitted,  or  which  a  rea- 
sonal)le  person  would  oi'diuai-ily  take  in  the  same  situation, 
is  guilty  of  a  felony. 

Legislation  §  399.     Enacted  February  14,  1872. 

§  400.  Exhibiting  deformities.  Every  person  exhibiting 
the  deformities  of  another,  or  his  own  deformities,  for  hire, 
is  guilty  of  a  misdemeanor;  and  every  person  who  shall,  by 
any  artificial  means,  give  to  any  person  the  appearance  of 
a  deformity,  and  shall  exhibit  such  person  for  hire,  shall  be 
guilty  of  a  misdemeanor. 

Legislation  §  400.     Added  by   Code   Amdts.   1873-74,   p.  462.     See 

infra,  §  401,  for  §  400,  passed  at  the  same  session  of  the  legislature 

(Code  Amdts.  1873-74,  p.  433).     See  also,  infra,  §  402  for  §  400,  added 

by  Code  Amdts.  1880,  p.  41. 

§  401.  Aiding  in  suicide.  Every  person  who  deliberately 
aids,  or  advises,  or  encourages  another  to  commit  suicide,  is 
guiltv  of  a  felony.  [Amendment  approved  1905;  Stats.  1905, 
p.  770.] 

Legislation  §  401.     1.  Added    by    Code    Amdts.    1873-74,    p.    433, 

as  §  400,    reading   same    as   the   amendment   of    1905,   which    merely 

changed  the  uumber  of  the  section. 

2.  Amendment  by  Stats.  1901,  p.  461,  renumbering  the  section  401, 
and  adding  the  words  "or  attempt"  before  "suicide";  unconstitu- 
tional.    See  note,  §  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  770,  changing  the  section  number 
from  400.  See  infra,  §  402a,  for  §  401,  added  by  Code  Amdts.  1877- 
78,  p.  116.  See  also,  infra,  §  402b,  for  §  401,  added  by  Code  Amdts. 
1880,  p.  41. 

§  401a.  Cubic  feet  of  space  in  rooms.  Every  person  who 
owns,  leases,  lets,  or  hires  to  any  person  any  room  in  any 
building,  house,  or  other  structure  within  the  limits  of  any 
incorporated  city,  or  city  and  county,  for  the  purpose  of  a 
lodging  or  sleeping  apartment,  which  room  or  apartment 
contains  less  than  five  hundred  cubic  feet  of  space  in  the 
clear  for  each  person  occupying  such  room  or  apartment, 
and  every  person  found  sleeping  or  lodging  in,  or  who  hires 
or  uses  for  the  purpose  of  sleeping  or  lodging  in  any  room 
or  apartment  which  contains  less  than  five  hundred  cubic 
feet  of  space  in  the  clear  for  each  person  so  occupying  such 
room  or  apartment,  is  guilty  of  a  misdemeanor. 

Legislation  §  401a.  1.  Addition  by  Stats.  1901  p.  461;  unconstitu- 
tional.    See  note,  §  5,  ante. 


187  CRIMES  AGxVINST  PUBLIC  HEALTH  AND  SAFETY.         §  402a 

2.  Added  by  Stats.  1905,  p.  770;  the  code  commissioner  saying, 
"This  is  a  codificatiou  of  the  statute  of  1875-76,  p.  759,  eoiieerning 
lodging-houses  and  sleeping-apartments." 

§  402.  Sale  or  exposure  of  animals  having  glanders,  a 
misdemeanor.  Any  person  who  shall  knowiiiiily  sell,  or 
offer  for  sale,  or  use,  or  expose,  or  who  shall  cause  or  pro- 
cure to  be  sold  or  offered  for  sale,  or  used,  or  expose,  any 
horse,  mule,  or  other  animal  having  the  disease  known  as 
glanders  or  farcy,  or  who  shall  bring,  or  cause  to  be  brought, 
or  aid  in  bringing  into  this  state  any  sheep,  hog,  horse,  or 
cattle,  or  any  domestic  animal,  knowing  the  same  to  be 
affected  with  any  contagious  or  infectious  disease,  shall  be 
guilty  of  a  misdemeanor.  [Amendment  approved  1891 ; 
Stats.  1891.  p.  26.] 

Act  to  prevent  spread  of  contagious  diseases  among  animals:  See 
post,  Appendix,  tit.  "Animals." 

Legislation  §  402.  1.  Added  by  Code  Amdts.  1880,  p.  41,  as  §  400, 
and  then  read:  "400.  Any  person  who.  shall  knowingly  sell,  or  offer 
for  sale  or  use,  or  expose,  or  who  shall  cause  or  procure  to  be  sold 
or  offered  for  sale,  or  used,  or  expose  any  horse,  mule,  or  other 
animal  having  the  disease  known  as  glanders,  or  farcy,  shall  be 
guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1889,  p.  353  (in  fact  the  addition  of  a  new 
section),  to  read:  "400.  Any  person,  persons,  company,  or  corpora- 
tion, who  shall  bring,  or  cause  to  be  brought,  or  aid  in  bringing 
into  this  state  any  sheep,  hog,  horse,  or  cattle  of  any  kind,  or  any 
domestic  animals  of  any  kind,  knowing  the  same  to  be  affected  with 
any  contagious  or  infectious  diseases,  shall  be  guilty  of  a  misde- 
meanor." 

3.  Amended  by  Stats.  1891,  p.  26,  consolidating  the  section  as 
added  in  1880  and  the  so-called  amendment  thereof  in  1889,  and 
renumbering  the  same  §  402.     Cf.  the  two  sections,  quoted  supra. 

§  402a.  Adulteration  of  candies.  Every  person  who  adul- 
terates candy  by  using  in  its  manufacture  terra-alba  or  other 
deleterious  substances,  or  who  sells  or  keeps  for  sale  any 
candy  or  candies  adulterated  with  terra-alba,  or  any  other 
deleterious  substance,  knowing  the  same  to  be  adulterated, 
is  guilty  of  a  misdemeanor.  [Amendment  approved  1905; 
Stats.  1905,  p.  771.] 

Legislation  §  402a.  1.  Added  by  Code  Amdts.  1877-78,  p.  116,  as 
§  401,  and  then  read:  "401.  Every  person  who  adulterates  candy, 
by  using  in  its  manufacture  terra-alba,  or  any  other  deleterious 
substance  or  substances,  or  who  sells  or  keeps  for  sale  any  candy 
or  candies  adulterated  with  terra-alba  or  any  other  deleterious  sub- 
stance or  substances,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1891,  p.  27,  (1)  changing  the  section  num- 
ber from  401  to  40214,  and  (2)  amending  it  to  read  as  at  present, 
except  that  it  had  the  word  "any"  before  "other  deleterious  sub- 
stances." 

3.  Amended  by  Stats.  1905,  p.  771,  (1)  changing  the  section  num- 
ber from  4021/i  to  402a,  and  (2)  omitting  the  word  "any"  before 
"other  deleterious  substances,"  the  omission  being  probably  a  clerical 


§  4:02(1  PENAL    CODE.  188 

or  typographical  enor;   the  code  commissioner  saying,  "§-10214   for 
purposes  of  (•nn\-pni{Mii'(>  is  riMiiinilicrod    102;i." 

§  402b.  Diseased  animal  to  be  killed.  Kvciy  aiiimHl 
having  glanders  or  farcy  shall  at  once  be  deprived  of  life 
by  the  owner  or  person  having  charge  thereof,  npon  discov- 
ery or  knowledge  of  its  condition ;  and  any  such  owner  or 
person  omitting  or  i-efusiug  to  comply  with  tlie  provisions  of 
this  section  shall  he  guilty  of  a  misdemeanor.  [Amendment 
approved  11)05;  Stats.  1905,  p.  771.] 

Legislation  §  402b.     1.  Added  by  Code  Amdts.  1880,  p.  41,  as  §  401. 

2.  Amended  by  Stats.  1891,  p.  27,  changing  the  section  number 
from  401  to  402 i/L.. 

3.  Amendment  by  Stats.  1901,  p.  461,  changing  the  section  number 
from  402K>  to  402b;  unconstitutional.     See  note,  §  5,  ante. 

.     4.  Amended  by  Stats.  1905,  p.  771,  changing  the  section  number 
from  402 1{.  to  402b. 

§  402c.  Unsafe  scaffolding,  ladders,  etc.  Any  person  or 
corporation  employing  or.  directing  another  to  do  or  perform 
any  labor  in  the  construction,  alteration,  repairing,  painting 
or  cleaning  of  any  house,  building  or  structure  within  this 
state,  who  knowing!}^  or  negligently  furnishes  or  erects  or 
causes  to  be  furnished  or  erected  for  the  performance  of 
such  labor,  unsafe  or  improper  scaffolding,  slings,  hangers, 
blocks,  pulleys,  stays,  braces,  ladders,  irons,  ropes  or  other 
mechanical  contrivances,  or  who  hinders  or  obstructs  any 
officer  attempting  to  inspect  the  same  under  the  provisions 
of  section  "twelve"  of  "An  Act  to  establish  and  support  a 
bureau  of  labor  statistics  approved  March  3,  1883,  approved 
February  20,  1901,"  or  who  destroys,  defaces,  or  removes 
any  notice  posted  thereon  by  such  officer,  or  permits  the 
use  thereof,  after  the  same  has  been  declared  unsafe  by  such 
officer,  contrary  to  the  provisions  of  said  section  "twelve" 
of  said  act,  shall  be  guilty  of  a  misdemeanor.  [Amendment 
approved  1909;  Stats.  1909,  p.  337.] 

Legislation  §  402c.     1.  Added   by    Stats.    1903,   p.   216,   as  §402%, 

and  then  had,  between  the  words  "the  provisions  of"  and  "or  who 

destroys,"  these  words,  "section  twelve  of  'An  Act  to  establish  and 

support  a  bureau  of  labor  statistics.'  " 

2.  Amended  by  Stats.  1905,  p.  771,  (1)  changing  the  section  num- 
ber from  402%  to  402c,  and  (2)  differing  from  the  section  as  added 
in  1903  and  the  amendment  of  1909,  in  having  between  the  words 
"the  provisions  of"  and  "or  who  destroys,"  these  words,  "  'An  Act 
to  amend  an  act  entitled  "An  Act  to  establish  and  support  a  bureau 
of  labor  statistics,  approved  March  3,  1883,"  approved  February  20, 
1901,'  " 

3.  Amended  by  Stats.  1909,  p.  337. 

§  402d.  Animals  affected  with  contagious  diseases  to  be 
kept  within  inclosure.     Any  person  owning  or  having  pos- 


189  CRIMES  AGAINST  PUBLIC   HEALTH  AND  SAFETY.         §  402e 

session  or  control  of  any  animal  affected  by  any  contagions 
or  infections  disease,  who  fails  to  keep  the  same  within  an 
iuclosnre,  or  herd  the  same  in  some  place  where  it  is  secure 
from  contact  with  other  animals  of  like  kind  not  so  affected, 
or  who  suffers  such  infected  animal  to  be  driven  on  the 
public  highway  or  to  range  where  it  is  likely  to  come  in  con- 
tact Avith  other  animals  not  so  affected,  is  guilty  of  a  mis- 
deuieanor,  and  punishable  by  a  fine  of  not  more  than  five 
hundred  dollars  for  each  oft'ense. 

Legislation  §  i02d.     1.  Additiou  by  Stats.  1901,  p.  461,  as  §  402c; 

nnconstitutioual.     See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  771,  as  §  402d;  the  code  commissioner 

saying,  ''This  is  a  codification  of  the  statute  of  1893,  p.  302." 

§  402e.  Infectious  diseases  must  be  reported.  Any  prac- 
titioner of  veterinary  medicine  in  the  state  of  California 
who  shall,  upon  gaining  information  thereof,  fail  to  imme- 
diately report  in  writing  to  the  state  veterinarian  the  loca- 
tion, description,  and  name  and  address  of  the  owner  or 
person  in  charge,  if  known,  of  any  animal  or  animals  affected 
with  any  one  of  the  foUoAving  diseases:  glanders,  anthrax, 
blackleg,  hog-cholera,  sAvine-plague,  verminous  bronchitis, 
sheep-scab,  mycotic  lymphangitis,  aphthous  fever,  or  Texas 
fever  shall  be  deemed  guilty  of  a  misdemeanor. 
Another  section  of  this  number.  See  next  section. 
Legislation  §  402e.     Added  by  Stats.  1909,  p.  451;  approved  March 

19,   1909.     Another  section  numbered  402e  was  added  at  the  same 

session  of  the  legislature  in  1909;  q.  v.,  infra. 

§  402e.  Laundry  from  hospitals.  Every  person  who  con- 
ducts, within  the  limits  of  any  city  and  county  or  city  or 
town  or  village,  a  public  laundrj^  who  shall  receive  any  linen 
or  clothing  or  beclding  or  other  articles  for  the  purpose  of 
cleaning  the  same,  from  any  hospital  or  pest-house  or  sani- 
tarium where  contagious  or  infectious  diseases  are  treated, 
or  from  any  undertaking  establishment  or  public  morgue, 
or  pest-house  is  guilty  of  a  misdemeanor. 

Another  section  of  this  number.     See  prior  section. 

Legislation  §  402e.     Added  by  Stats.  1909,  p.  1063;  approved  April 

22,  1909.     Another  section  numbered  §  402e  was  added  at  the  same 

session  of  the  legislature  in  1909;  q.  v.,  supra. 


§  4U4:  PENAL    COl'k.  190 

TITLE    XI. 

Crimes  against  the  Public  Peace. 

§  403.  Disturbance  of  public  meetings,  otiior  than  religious  or  polit- 
ical. 

§  404.     "Riot"  defined. 

§  40.').     Riot,  punishment  of. 

§  40n.     "Rout"  defined. 

§  407.     "Unlawful  assembly"  defined. 

§  408.     Punishment  of  rout  and  unlawful  assembly. 

§  409.  Remaining  present  at  place  of  riot,  etc.,  after  warning  to  dis- 
perse. 

§  410.     Magistrates  neglecting  or  refusing  to  disperse  rioters. 

§41].  Consequence  of  resisting  process  after  a  county  has  been  de- 
clared in  a  state  of  insurrection. 

§  412.     Prize-fights  prohibited. 

§  413.     Persons  present  at  prize-fights. 

§  413A.  Sparring  exhibitions  on  Memorial  Day  or  Sundays  prohibited. 

§  414.     Leaving  the  state  to  engage  in  prize-fights. 

§  414a.  Privilege    of   witness   testifying. 

§  415.     Disturbing  the  peace. 

§  416.     Refusing  to  disperse  upon  lawful  command. 

§  417.  Exhibiting  deadly  weapon  in  rude,  etc.,  manner,  or  using  the 
same  unlawfully. 

§  418.     Forcible  entry  and  detainer. 

§  410.  Returning  to  take  possession  of  lands  after  being  removed  by 
legal  proceedings. 

§  420.     Preventing  person  from  entering  upon  public  lands. 

§  421.     National  guard,  discrimination  against  members  of. 

§  403.  Disturbance  of  public  meetings,  other  than  re- 
ligious or  political.  Every  person  who,  without  authority 
of  law,  willfully  disturbs  or  breaks  up  any  assembly  or  meet- 
ino',  not  unlawful  in  its  character,  other  than  such  as  is 
mentioned  in  sections  fifty-nine  and  three  hundred  and  two, 
is  guilty  of  a  misdemeanor. 

Disturbing  a  public  meeting:  See  ante,  §  58. 

Legislation  §  403.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  473,  N.  Y.  Pen.  Code,  §§  274,  275.  The  code  commissioners 
say:  "The  assembly  specified  in  §  59  [the  original  code  section  of 
this  number]^  is  a  meeting  of  electors  held  for  the  discussion  of  pub- 
lic questions,  and  in  §  302,  a  religious  meeting." 

§  404.  "Riot"  defined.  Any  use  of  force  or  violence,  dis- 
turbing the  public  peace,  or  any  threat  to  use  such  force  or 
violence,  if  accompanied  by  immediate  power  of  execution, 
by  two  or  more  persons  acting  together,  and  without  author- 
ity of  law,  is  a  riot. 

Unlawful  assembly:  See  post,  §  407. 

Legislation  §  404.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  474,  N.  Y.  Pen.  Code,  §449;  Crimes  and  Punishment  Act, 
§  116,  as  amended  by  Stats.  1855,  p.  105,  §  3. 


191  CRIMES  AGAINST  PUBLIC  PEACE.  §  409 

§  405.  Riot,  punishment  of.  Every  person  who  partici- 
pates ill  any  riot  is  punishable  by  imprisonment  in  the 
county  jail  not  exceeding  tAvo  years,  or  by  fine  not  exceeding 
two  thousand  dollars,  or  both. 

Legislation  §  405.  Enacted  February  14,  1872.  (N.  Y.  Pen.  Code, 
§  450.)  The  code  commissioners  say:  "The  punishment  affixed  to 
riot  (Stats.  1855,  p.  105,  §  3),  was  the  same  as  that  affixed  to  rout, 
though  the  former  offense  included  and  was  an  aggravation  of  the 
latter.  The  commissioners  have  increased  the  maximum  of  the  term 
from  six  months  to  two  years,  and  the  maximum  of  the  fine  from 
five  hundred  dollars  to  two  thousand  dollars,  and  have  affixed  to 
the  crime  of  rout  the  same  punishment  as  prescribed  by  existing 
laws." 

§  406.  "Rout"  defined.  Whenever  two  or  more  persons, 
assembled  and  acting  together,  make  any  attempt  or  advance 
toward  the  commission  of  an  act  which  would  be  a  riot  if 
actually  committed,  such  assembly  is  a  rout. 

Legislation  §  406.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  116,  as  amended  by  Stats.  1855,  p.  106,  §  3. 
The  code  commissioners  say:  "This  corresponds  with  the  common- 
law  definition,  but  the  riot  which  would  ensue  if  the  intended  enter- 
prise were  carried  into  execution,  is  the  riot  defined  in  §  404,  ante, 
and  not  the  common-law  riot,"  and  cite  Russell  on  Crimes,  p.  253, 
and  4  Bl.  Com.,  p.  140.  See  ante.  Legislation  §  405,  code  commission- 
ers' note. 

§407.  "  Unlawful  assembly  "  defined.  AVhenever  two  or 
more  persons  assemble  together  to  do  an  unlawful  act,  and 
separate  without  doing  or  advancing  toward  it,  or  do  a  law- 
ful act  in  a  violent,  boisterous,  or  tumultuous  manner,  such 
assembly  is  an  unlawful  assembly. 

Legislation  §  407.     Enacted  February  14,  1872  (Field's  Draft,  §  477, 

N.  Y.  Pen.  Code,  §§  451,  456);  based  on  Crimes  and  Punishment  Act, 

§  115,  as  amended  by  Stats.  1855,  p.  106,  §  3. 

§  408.  Punishment  of  rout  and  unlawful  assembly.  Every 
person  who  participates  in  any  rout  or  unlawful  assembly 
is  guilty  of  a  misdemeanor. 

Legislation  §  408.     Enacted    February    14,    1872;    identical    with 

Field's  Draft,  §479;   based   on   Crimes   and  Punishment   Act,  §§  115, 

116,  as  amended  by  Stats.   1855,  p.   106,  §  3.     See   ante,  Legislation 

§§405-407. 

§  409.  Remaining-  present  at  place  of  riot,  etc.,  after  warn- 
ing to  disperse.  Every  person  remaining  present  at  the 
place  of  any  riot,  rout,  or  unlawful  assembly,  after  the  same 
has  been  lawfully  Avarned  to  disperse,  except  public  officers 
and  persons  assisting  tliem  in  attempting  to  disperse  the 
same,  is  guilty  of  a  misdemeanor. 

Legislation  §  409.     Enacted    February    14,    1872;    identical    with 

Field's  Dr-^ft,  §  481,  N.  Y.  Pen.  Code,  §§  454,  455. 


§  412  I'KNAL    CUUE.  192 

§  410.  Magistrates  neglecting  or  refusing  to  disperse  riot- 
ers, if  a  magistrate  or  ofiicci',  having  notice  of  an  unlawful 
or  riotous  assembly,  mentioned  in  tliis  chapter,  neglects  to 
proceed  to  the  place  of  assendjly,  or  as  near  thereto  as  he 
can  Avith  safety,  and  to  exercise  the  authority  with  which 
he  is  invested  for  suppressing  the  same  and  arresting  the 
offenders,  he  is  guilty  of  a  misdemeanor. 

Legislation  §  410.     Enacted  February    14,   1872;    b:tsc(l   ou   Ciim. 

Pnic.  Act,  Stats.  1S51,  p.  21fi,  §  4.3. 

§  411.  Consequence  of  resisting  process  after  a  county 
has  been  declared  in  a  state  of  insurrection.  A  person  who, 
after  the  publication  of  the  proclamation  authorized  by  sec- 
tion seven  hundred  and  thirty-tAvo,  resists  or  aids  in  resist- 
ing the  execution  of  process  in  any  county  declared  to  be 
in  a  state  of  insurrection,  or  who  aids  or  attempts  the  rescue 
or  escape  of  another  from  lawful  custody  or  confinement, 
or  who  resists  or  aids  in  resisting  any  force  ordered  out  by 
the  governor  to  quell  or  suppress  an  insurrection,  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  two 
years. 

Resisting  public  officer:  See  ante,  §  148. 

Legislation  §  411.     Enacted  February   14,   1872;    based   on   Grim. 

Prac.  Act,  Stats.  18.51,  p.  217,  §  50. 

§  412.  Prize-fights  prohibited.  Any  person,  who,  within 
this  state,  engages  in,  or  instigates,  aids,  encourages,  or  does 
any  act  to  further,  a  pugilistic  contest,  or  fight,  or  ring  or 
prize  fight,  or  sparring  or  boxing  exhibition,  taking  or  to 
take  place  either  within  or  without  this  state,  between  two 
or  more  persons,  wdth  or  without  gloves,  for  any  price,  re- 
ward or  compensation,  directly  or  indirectly,  or  who  goes 
into  training  preparatory  to  such  pugilistic  contest,  or  fight, 
or  ring  or  prize-fight,  or  sparring  or  boxing  exhibition,  or 
acts  as  aider,  abettor,  backer,  umpire,  referee,  trainer,  second, 
surgeon,  or  assistant,  at  such  pugilistic  contest,  or  fight,  or 
ring  or  prize-fight,  or  sparring  or  boxing  exhibition,  or  who 
sends  or  publishes  a  challenge  or  acceptance  of  a  challenge,  or 
Avho  knowingly  carries  or  delivers  such  challenge  or  ac- 
ceptance, or  wdic  gives  or  takes  or  receives  any  tickets, 
tokens,  prize,  money,  or  thing  of  value,  from  any  person  or 
persons,  for  the  purpose  of  seeing  or  witnessing  any  such 
pugilistic  contest,  or  fight,'  or  ring  or  prize-fight,  or  sparring 
or  boxing  exhibition,  or  who,  being  the  owner,  lessee,  agent, 
or  occupant  of  any  vessel,  building,  hotel,  room,  enclosure 
or  ground,  or  any  part  thereof,  whether  for  gain,  hire,  re- 
ward or  gratuitously  or  otherwise,  permits  the  same  to  be 
used  or  occupied  for  such  a  pugilistic  contest,  or  fight,  or 


JO.'i  CRIMES  AGAIKST   PUBI.IC   PEACE.  §412 

i-ing  01*  prize-fight,  or  sparring  or  boxing  exliibition,  or  who 
\ay&,  makes,  offers  or  accepts,  a  bet  or  bets,  or  wager  or 
wagers,  upon  tlie  result  or  any  feature  of  any  pugilistic  con- 
test, or  fight,  or  ring  or  prize-fight,  or  sparring  or  boxing 
exhibition,  or  acts  as  stakeholder  of  any  such  bet  or  bets,  or 
wager  or  wagers,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  shall  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  one  thousand  dollars  and  be  imprisoned 
in  the  county  jail  not  less  than  thirty  days  nor  exceeding 
one  year;  provided,  however,  that  amateur  boxing  exhibi- 
tions may  be  held  within  this  state,  of  a  limited  number  of 
rounds,  not  exceeding  four  of  the  duration  of  three  minutes 
each ;  the  interval  between  each  round  shall  be  one  minute, 
and  the  contestants  weighing  one  hundred  and  forty-five 
pounds  or  over  shall  wear  gloves  of  not  less  than  eight 
ounces  each  in  weight,  and  contestants  weighing  under  one 
hundred  and  forty-five  pounds  may  wear  gloves  of  not  less 
than  six  ounces  each  in  weight.  All  gloves  used  by  con- 
testants in  such  amateur  boxing  exhibitions  shall  be  so  con- 
structed, as  that  the  soft  padding  between  the  outside  cover- 
ings shall  be  evenly  distributed  over  the  back  of  said  gloves 
and  cover  the  knuckles  and  back  of  the  hands.  And  no 
bandages  of  any  kind  shall  be  used  on  the  hands  or  arms 
of  the  contestants.  For  the  purpose  of  this  statute  an 
amateur  boxing  exhibition  shall  be  and  is  hereby  defined 
as  one  in  which  no  contestant  has  received  or  shall  receive  in 
any  form,  directly  or  indirectly,  any  money,  prize,  reward 
or  compensation  either  for  the  expenses  of  training  for  such 
contest  or  for  taking  part  therein,  except  as  herein  ex- 
pressly provided.  Nor  shall  any  person  appear  as  con- 
testant in  such  amateur  exhibition  who  prior  thereto  has 
received  any  compensation  or  reward  in  any  form  for  dis- 
playing, exercising  or  giving  any  example  of  his  skill  in  or 
knowledge  of  athletic  exercises,  or  for  rendering  services 
of  any  kind  to  any  athletic  organization  or  to  any  person 
or  persons  as  trainer,  coach,  instructor  or  otherwise,  or  who 
shall  have  been  employed  in  any  manner  professionally  by 
reason  of  his  athletic  skill  or  knowledge ;  provided,  how- 
ever, that  a  medal  or  trophy  may  be  awarded  to  each  con- 
testant in  such  amateur  boxing  exhibitions,  not  to  exceed 
in  value  the  sum  of  $35.00  each,  which  such  medal  or  trophy 
must  have  engraved  tliereon  the  name  of  the  winner  and  the 
date  of  the  event;  but  no  portion  of  any  admission  fee  or 
fees  charged  or  received  for  any  anuiteur  boxing  exhibition 
shall  be  paid  or  given  to  any  contestant  in  such  amateur 
boxing  exhibition,   either   directly   or  indirectly,  nor  shall 

Pen.  Code — 13 


§  412  PENAL    CODE.  194 

any  li'ift  l)e  liiveii  to  or  received  l)y  siicli  eontestaiits  for  par- 
ticipating in  such  boxing  exliibition.  except  said  medal  or 
trophy.  At  every  amateur  boxing  exhibition  held  in  this 
state  and  permitted  by  this  section  of  the  Penal  Code,  any 
sheriff,  constable,  marshal,  policeman  or  other  peace  officer 
of  the  city,  county  or  other  political  subdivision,  where  such 
exhibition  is  being  held,  shall  have  the  right  to.  and  it  is 
hereby  declared  to  be  his  duty  to  stop  such  exhil)ition,  when- 
ever it  shall  ai)pear  to  him  that  the  contestants  are  so  un- 
evenly matched  or  for  any  other  reason,  the  said  contestants 
have  been,  or  either  of  them,  has  been  seriously  injured  or 
there  is  danger  that  said  contestants,  or  either  of  them,  will 
be  seriously  injured  if  such  contest  continues,  and  he  may 
call  to  his  assistance  in  enforcing  his  order  to  stop  said  ex- 
hibition, as  many  peace  officers  or  male  citizens  of  the  state 
as  may  be  necessary  for  that  purpose.  Provided,  further, 
that  any  contestant  who  shall  continue  to  participate  in 
such  exhibition  after  an  order  to  stop  such  exhibition  shall 
have  been  given  by  such  peace  officer,  or  who  shall  violate 
any  of  the  regulations  herein  prescribed,  for  governing 
amateur  boxing  exhibitions,  shall  be  deemed  guilty  of  vio- 
lating this  section  of  the  Penal  Code  and  subject  to  the 
punishment  herein  provided. 

Nothing  in  this  section  contained  shall  be  construed  to 
prevent  any  county,  city  and  county,  or  incorporated  city  or 
town  from  prohibiting,  by  ordinance,  the  holding  or  conduct- 
ing of  any  boxing  exhibition,  or  any  person  from  engaging 
in  anv  such  boxing  exhibition  therein.  [Amendment  ap- 
proved 1915;  Stats.  1915,  p.  1930.] 

Act  to  prohibit  prize-fighting  (Stats.  1893,  p.  101)  was  superseded 
by  this  section. 

Legislation  §  412.  1.  Enacted  February  14.  1872  (N.  Y.  Pen.  Code, 
§  458);  based  on  Crimes  and  Punishment  Act,  Stats.  1850.  p.  233,  §  44, 
which  read:  "§44.  If  any  persons  shall,  without  deadly  weapons, 
upon  previous  concert  and  agreement,  upon  any  wager,  or  for  money 
or  any  other  reward,  fight  one  with  another,  upon  conviction  thereof, 
they  or  either  or  any  of  them,  and  all  persons  present  aiding  and 
abetting,  shall  be  punished  by  imprisonment  in  the  state  prison  for 
a  term  not  exceeding  two  years.  Should  death  ensue  to  any  per- 
son in  such  fight,  the  person  or  persons  causing  such  death  shall  be 
punished  by  imprisonment  in  the  state  prison  for  a  term  not  more 
than  ten  nor  less  than  three  years."  When  enacted"  in  1872,  §  412 
read:  "412.  Every  person  who  engages  in,  instigates,  encourages, 
or  promotes  any  ring  or  prize  fight,  or  any  other  premeditated  fight 
or  contention  (without  deadly  weapons),  either  as  principal,  aid, 
second,  umpire,  surgeon,  or  otherwise,  is  punishable  by  imprisonment 
in  the  state  prison  not  exceeding  two  years." 

2.  Amended  by  Stats.  1899,  p.  153,  and  differed  from  the  amend- 
ment of  1903,  post,  having  (1)  no  section  number  (probably  a 
typographical  error) ;  "A"  instead  "Any"  as  the  initial  word  of 
the  section;  (3)  "acceptance  of  a  challenge"  instead  of  "acceptance 


195  CRIMES  AGAINST  PUBLIC  PEACE.  §  413 

or  a  challenge''  (umloubtedly  a  typographical  error);  (4)  the  pro- 
visos then  reading  "provided,  however,  that  sparring  exhibitions 
not  to  exceed  a  limited  number  of  rounds  with  gloves  of  not 
less  than  tive  ounces  each  in  weight  may  be  held  by  a  domestic 
incorporated  athletic  club  upon  the  prepaj'ment  by  such  club  of  an 
annual  license  to  be  fixed  by  the  supervisors  of  each  county;  pro- 
vided further,  that  such  club  shall  have  a  physician  in  attendance 
to  examine  the  boxers  prior  to  each  exhibition  and  determine  whether 
or  not  they  are  in  perfect  physical  condition." 

3.  Amended  by  Stats.  1903,  p.  409,  to  read  as  follows:  "Any  per- 
son, who,  within  this  state,  engages  in,  instigates,  aids,  encourages, 
or  does  any  act  to  further  a  contention  or  fight,  without  weapons, 
between  two  or  more  persons,  or  a  fight  commonly  called  a  ring 
or  prize  fight,  either  within  or  without  the  state,  or  who  engages 
in  a  public  or  private  sparring  exhibition,  with  or  without  gloves, 
within  the  state,  or  who  sends  or  publishes  a  challenge  or  acceptance 
or  [of]  a  challenge  for  such  a  conteutiou,  exhibition,  or  fight,  or 
carries  or  delivers  such  a  challenge  or  acceptance,  or  trains  or 
assists  any  person  in  training  or  preparing  for  such  a  contention, 
exhibition  or  fight,  shall  be  guilty  of  a  felony,  and  upon  conviction 
shall  be  fined  not  less  than  one  thousand  dollars  nor  more  than 
five  thousand  dollars,  and  be  imprisoned  in  the  state  prison  not 
less  than  one  year  nor  more  than  three  years;  provided,  however, 
that  sparring  exhibitions,  not  to  exceed  a  limited  number  of  rounds 
with  gloves  of  not  less  than  five  ounces  each  in  weight  may  be  held 
by  a  domestic  incorporated  club  upon  the  prepayment  by  such  club 
of  an  annual  license  to  be  fixed  by  the  board  of  supervisors  of 
cities  and  counties,  or  the  city  council  or  other  governing  bodies 
of  incorporated  cities.  Said  exhibitions  must  comply  with  the  rules 
and  regulations  as  the  said  supervisors,  city  councils  or  other  govern- 
ing bodies  of  cities  and  towns  shall  prescribe  by  ordinance;  pro- 
vided, further,  that  the  boxers  prior  to  each  exhibition  must  be 
examined  by  a  physician  who  shall  determine  whether  or  not  they 
are  in  perfect  physical  condition." 

4.  Amended  by  initiative  measure  adopted  by  the  people  Novem- 
ber 3,  1914.     In  effect  December  19,  1914;  Stats.  1915,  p.  1930. 

§  413.  Persons  present  at  prize-fights.  Every  person 
willfully  present  as  spectator  at  any  fight  or  contention 
prohibited  in  the  preceding  section,  is  guilty  of  a  misde- 
meanor. 

An  information  may  be  laid  before  any  of  the  magistrates 
mentioned  in  section  eight  hundred  and  eight  of  this  code, 
that  a  person  has  taken  steps  toward  promoting  or  par- 
ticipating in  a  contemplated  pugilistic  contest,  or  fight,  or 
I'ing  or  prize-fight,  or  sparring  or  boxing  exhibition,  pro- 
hibited under  the  provision  of  section  four  hundred  and 
twelve  of  this  code,  or  is  about  to  commit  an  offense  under 
said  section  four  hundred  and  twelve.  When  said  informa- 
tion is  laid  before  said  magistrate,  he  must  examine,  on  oath, 
the  informer,  and  any  Avitness  or  witnesses  he  may  produce, 
and  must  take  their  depositions  in  writing  and  cause  them 
to  bo  subscribed  by  the  parties  making  them.  If  it  appears 
from  the  deposition  that  there  is  just  reason  to  fear  the  com- 


§  414  PENAL    CODE.  196 

mission  ol'  the  offense  eontemplated  by  the  person  so  in- 
formed ;i^u;iinst,  the  ma.iiistriite  iiiust  issue  a  Avarrant  direeted 
generally  to  the  sherifl:  of  tlie  county,  or  any  constable,  mar- 
shal, or  policeman  in  the  state,  recitinf;^  the  substance  of  the 
information  and  commanding  the  officer  forthwith  to  arrest 
the  person  informed  against  and  bring  him  before  the 
magistrate.  When  the  person  informed  against  is  brought 
before  the  magistrate,  if  the  charge  be  controverted,  the 
magistrate  must  take  testimony  in  relation  thereto,  The 
evidence  must  be  reduced  to  writing  and  subscribed  by  the 
witnesses.  If  it  appears  there  is  no  just  reason  to  fear  the 
commission  of  the  offense  alleged' to  have  been  contemplated, 
the  person  complained  against  must  be  discharged.  If.  how- 
ever, there  is  just  reason  to  fear  the  commission  of  the  of- 
fense, the  person  complained  of  must  be  required  to  enter 
into  an  undertaking  in  such  sum.  not  less  than  three  thousand 
dollars,  as  the  magistrate  may  direct,  with  one  or  more  suffi- 
cient sureties,  conditioned  that  such  person  Avill  not,  for  a 
period  of  one  year  thereafter,  commit  any  such  contemplated 
offense.      [Amendment  approved  1915;  Stats.  1915,  p.  1931.] 

Legislation  §  413.  1.  Enacted  Febrimrv  14,  1P72  Chaser)  on  riimes 
and  Punishment  Act,  Stats.  1850,  p.  233,  §  44.  See  ante.  Legislation 
§  412),  and  then  read:  "Every  person  willfnllv  presf^nt  as  a  spectator 
at  any  fight  or  contention  mentioned  in  the  preceding  section,  is 
guilty  of  a  misdemeanor." 

2.  Amended  by  initiative  measure  adopted  by  the  people  Novem- 
ber 3,  1914.     In"  effect  December  19,  1914;  Stats.  1915,  p.  1930. 

§  413|.  Sparring-  exhibitions  on  Memorial  Day  or  Sun- 
days prohibited.  Any  person  or  persons  holding,  or  con- 
ducting, or  participating  in.  or  present  as  a  spectator,  at 
any  boxing  exhibition  held  on  Memorial  Day.  May  30,  or 
on  Sundays,  shall  be  s'uilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shnll  be  punished  by  fine  not  exceedinsr 
five  hundred  dollars  or  by  imprisonment  in  the  county  jail 
not  exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment.     [Amendment  approved  1915;  Stats.  1915;  p.  1932.] 

Legislation  §  4131/2.  1.  Added  bv  Stats.  1909,  p.  987,  and  then 
read:  "Any  incorporated  club  holding  or  conducting  a  sparring  ex- 
hibition as  described  in  section  four  hnndred  and  twelve  of  this 
code  on  Memorial  Day — May  30, — shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing five  hundred  dollars  or  by  imprisonment  in  the  county  jail  not 
exceeding  six  months,  or  by  both  such  fine  and  imprisonment." 

2.  Amended  by  initiative  measure  adopted  by  the  people  Novem- 
ber 3,  1914.     In"  effect  December  19,  1914;  Stats.  1915,  p.  1930. 

§  414.  Leaving  the  state  to  engage  in  prize-fights.  Every 
person  who  leaves  this  state  with  intent  to  evade  any  of  the 
provisions  of  the  last  two   [three]   sections,  and  to  commit 


197  CRIMES  AGAINST  PUBLIC  PEACE.  §  415 

any  act  out  of  this  state  such  as  is  prohibited  by  them,  and 
who  does  any  act  which  Avould  be  punishable  under  these 
provisions  if  committed  within  this  state,  is  punishable  in 
the  same  manner  as  he  would  have  been  in  case  such  act 
had  been  committed  within  this  state. 

Legislation  §  414.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  488,  N.  Y.  Pen.  Code,  §  461. 

§  414a.  Privilege  of  witness  testifying.  No  person  other- 
wise competent  as  a  witness,  is  disqualified  from  testifying 
as  such,  concerning  any  offense  under  this  act,  on  the  ground 
that  such  testimony  may  incriminate  himself,  but  no  prosecu- 
tion can  afterwards  be  had  against  him  for  any  offense  con- 
cerning which  he  testified.  The  provisions  of  section  1111 
of  the  Penal  Code  of  this  state  are  not  applicable  to  any 
prosecutions  brought  under  the  provisions  of  this  act. 

Legislation  §  414a.     Added  by  initiative  measure  adopted  by  the 

people  November  3,  1914.     In  effect  December  19,  1914;  Stats.  1915, 

p.  1932. 

§  415.  Disturbing  the  peace.  Every  person  who  mali- 
ciously and  willfully  disturbs  the  peace  or  quiet  of  any 
neighborhood  or  person,  by  loud  or  unusual  noise,  or  by 
tumultuous  or  offensive  conduct,  or  threatening,  traducing, 
quarreling,  challenging  to  fight,  or  fighting,  or  who,  on  the 
public  streets  of  any  unincorporated  town,  or  upon  the  public 
highways  in  such  unincorporated  town,  run  any  horse-race, 
either  for  a  wager  or  for  amusement,  or  fire  any  guu  or 
pistol  in  such  uniucorporated  town,  or  use  anj'  vulgar,  pro- 
fane, or  indecent  language  wdthin  the  presence  or  hearing 
of  women  or  children,  in  a  loud  and  boisterous  manner,  is 
guilty  of  a  misdemeanor,  and  upon  conviction  by  any  court 
of  competent  jurisdiction  shall  be  punished  by  fine  not  ex- 
ceeding two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  ninety  days,  or  by  both  fine 
and  imprisonment,  or  either,  at  the  discretion  of  the  court. 
[Amendment  approved  1878;  Code  Amdts.  1877-78.  p.  117.] 
"Maliciously"  and  "willfully":  See  ante,  §  7,  subds.  1,  4. 
Jurisdiction  of  police  court:  See  Pol.  Code,  §  4426. 
Racing  on  highway:  See  ante,  §  396. 

Legislation  §  415.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  243,  §  112,  which  read:  "§  112. 
If  any  person,  at  late  and  unusual  hours  of  the  night-time,  shall 
maliciously  and  willfully  disturb  the  peace  or  quiet  of  any  neighbor- 
hood or  family  by  loud  or  unusual  noises,  or  by  tumultuous  and  of- 
fensive conduct,  threatening,  traducing,  quarreling,  challenging  to 
fight,  or  fighting,  every  person  convicted  thereof  shall  be  fined  in 
a  sum  not  exceeding  two  hundred  dollars,  or  imprisoned  in  the 
county  jail  not  more  than  two  months."  When  enacted  in  1872,  §  415 
read:     "Every   person   who    maliciously   and   willfully   disturbs   tho 


§■410  PENAL   CODE.  198 

peace  or  quiet  of  any  neigbborhood,  family,  or  person,  by  loud  or 
unusual  noise,  or  by  tumultuous  or  ofl'eusive  conduct,  or  by  threaten- 
ing, traducing,  quarreling,  challenging  to  fight,  or  fighting,  is  pun- 
ishable bj'  fine  not  exceeding  two  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  two  months." 
2.  Amended  by  Code  Amdts.  1877-78,  p.  117. 

§  416.     Refusing-  to  disperse  upon  lawful  command.     If 

two  or  more  persons  assemble  for  tlic  purpose  of  (listur])ins 
the  public  peace,  or  committinj?  any  unlawful  act,  and  do 
not  disperse  on  Ijeinf;'  desired  or  commanded  so  to  do  by  a 
public  officer,  the  persons  so  offending  arc  severally  guilty 
of  a  misdemeanor. 

Legislation  §  416.  Enacted  February  14.  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  243,  §113,  which  read:  "§11.3. 
If  two  or  more  persons  assemble  for  the  purpose  of  disturbing  the 
public  peace  or  committing  any  unlawful  act,  and  do  not  disperse 
on  being  desired  or  commanded  so  to  do  by  a  judge,  justice  of  the 
peace,  sheriff,  coroner,  constable,  or  other  public  officer,  the  persons 
so  offending  shall,  on  conviction,  be  severally  fined  in  any  sum  not 
exceeding  five  hundred  dollars,  and  imprisoned  in  the  county  jail 
not  more  than  six  months." 

§  417.  Exhibiting-  deadly  weapon  in  rude,  etc.,  manner,  or 
using  the  same  unlawfully.  Every  person  Avho,  not  in  neces- 
sary self-defense,  in  tlie  presence  of  two  or  more  persons, 
draws  or  exhibits  any  deadly  weapon  in  a  rude,  angry,  and 
threatening  manner,  or  who,  in  any  manner,  unlawfully  uses 
the  same,  in  any  fight  or  quarrel,  is  guilty  of  a  misdemeanor. 
Legislation  §  417.     Enacted  February   14,   1872;   based   on   Stats. 

1855,  p.  268,  §  1. 

§  418.  Forcible  entry  and  detainer.  Every  person  using 
or  procuring,  encouraging  or  assisting  another  to  use,  any 
force  or  violence  in  entering  upon  or  detaining  any  lands 
or  other  possessions  of  another,  except  in  the  cases  and  in  the 
manner  allowed  by  law,  is  guilty  of  a  misdemeanor. 

Forcible  entry  and  detainer:   See  Code  Civ.  Proc,  §§  1159  et  seq. 
Legislation  §  418.     Enacted  February   14,   1872;   based   on   Field's 
Draft,  §  492,  N.  Y.  Pen.  Code,  §  465. 

§  419.  Returning  to  take  possession  of  lands  after  being 
removed  by  legal  proceedings.  Every  person  wdio  has  been 
removed  from  any  lands  by  process  of  law,  or  who  has  re- 
moved from  any  lands  pursuant  to  the  lawful  adjudication 
or  direction  of  any  court,  tribunal,  or  officer,  and  who  after- 
wards unlawfully  returns  to  settle,  reside  upon,  or  take 
possession  of  such  lands,  is  guilty  of  a  misdemeanor. 

Legislation  §  419.  Enacted  February  14,  1872.  (Field's  Draft, 
§  493,  N.  Y.  Pen.  Code,  §  466.)  The  code  commissioners  say:  "This 
section  is  founded  upon  and  to  carry  out  the  spirit  of  an  act  for  the 
punishment  of  contempts  and  trespasses.      (Stats.  1862,  p.  1]5.)" 


199  Crimes  against  public  peace.  §  421 

§  420.     Preventing-  person  from  entering  upon  public  lands. 

Every  person  who  unlawfully  prevents,  hinders,  or  obstructs 
any  person  from  peaeeabl}'  entering  upon  or  establishing  a 
settlement  or  residence  on  any  tract  of  public  land  of  the 
United  States  within  the  state  of  California,  subject  to  set- 
tlement or  entry  under  any  of  the  public  land  laws  of  the 
United  States ;  or  who  unlawfully  hinders,  prevents,  or  ob- 
structs free  passage  over  or  through  the  public  lands  of  the 
United  States  within  the  state  of  California,  for  the  purpose 
of  entry,  settlement,  or  residence,  as  aforesaid,  is  guilty  of 
a  misdemeanor. 

Legislation  §  420.  1.  Addition  by  Stats.  1901,  p.  -462;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  675;  the  code  commissioner  saying, 
"This  is  a  codification  of  the  statute  of  1887,  p.  147."  Another  sec- 
tion numbered  420  was  added  by  Code  Amdts.  1877-78,  p.  117,  and 
related  to  inciting  riots;  this  section  was  repealed  by  Code  Amdts. 
1880,  p.  1. 

§  421.  National  guard,  discrimination  against  members  of. 
No  association  or  corporation  shall  by  any  constitution,  rule, 
by-laAV,  resolution,  vote  or  regulation,  discriminate  against 
any  member  of  the  national  guard  of  California  because  of 
his  membership  therein.  Any  person  who  willfully  aids  in 
enforcing  any  such  constitution,  rule,  by-law,  resolution, 
vote  or  regulation  against  any  member  of  said  national 
guard  of  California,  is  guilty  of  a  misdemeanor. 
Legislation  §  421.     Added  by  Stats.  1905,  p.  190. 


!5  424  PENAL    CODE.  200 

TrrLi^j  xii. 

Crimes  Against  the  Revenue  and  Property  of  this  State. 

S  421.     Kmbczzlciiicnt   ainl   falsification   of  accounts  by  public  ofTicers. 

§  425.     Oflicers  neglectin<r  to  ])ay  over  pul)lic  moneys. 

§  42(5.     "Public  moneys,"  as  usrd  in  the  two  preceding  sections  defined. 

§  427.  Failure  to  pay  over  fines  and  forfeitures  received,  a  misde- 
meanor. 

§  428.     Obstructing  officer  in  collecting  revenue. 

§  429.  Refusing  to  give  assessor  list  of  property,  or  giving  false 
name. 

§  430.     Making  false  statements,  not  under  oath,  in  reference  to  taxes. 

§  431.  Delivering  receipts  for  poll-taxes,  other  than  prescribed  by 
law,  or  collecting  poll-taxes,  etc.,  without  giving  the  receipt 
prescribed  by  law. 

§  432.  Having  blank  receipts  for  licenses,  etc.,  other  than  those  pre- 
scribed by  law. 

§  433.     Selling  undated  foreign  miners'  licenses.      [Repealed.] 

§  434.     Refusing  to  give  name  of  persons  in  employment,  etc. 

§  433.     Carrying  on  business  without  license. 

§  436.     Unlawfully  acting  as  auctioneer. 

§  437.     Forging  state  revenue  stamps.      [Repealed.] 

§  438.     Making  instruments  on  unstamped  paper.      [Repealed.] 

§  439.  Effecting  insurance  on  account  of  foreign  companies  that  have 
not  complied  with  the  laws  of  this  state. 

§  440.  Officer  charged  with  collection,  etc.,  of  revenue,  refusing  to 
permit  inspection  of  his  books. 

§  441.  Board  of  examiners,  controller,  and  treasurer  neglecting  cer- 
tain duties. 

§  442.     Military  property,  unlawful  conversion   of. 

§  442}.  Wearing  uniform  of  United  States  army  except  by  certain 
persons,  forbidden.     Theatrical   people.     Civic  societies. 

§  443.     Selling  state  arms,  etc.      [Repealed.] 

'  §  424.  Embezzlement  and  falsification  of  accounts  by 
public  officers.  Each  officer  of  this  state,  or  of  any  county, 
city,  town,  or  district  of  this  state,  and  every  other  person 
charged  with  the  receipt,  safe-keeping,  transfer,  or  disburse- 
ment of  public  moneys,  who  either :- — • 

1.  Without  authority  of  law,  appropriates  the  same,  or 
any  portion  thereof,  to  his  own  use,  or  to  the  use  of 
another ;  or, 

2.  Loans  the  same  or  any  portion  thereof;  makes  any 
profit  out  of,  or  uses  the  same  for  any  purpose  not  author- 
ized by  law ;  or, 

3.  Knowingly  keeps  any  false  account,  or  makes  any  false 
entry  or  erasure  in  any  account  of  or  relating  to  the  same; 
or, 

4.  Fraudulently  alters,  falsifies,  conceals,  destroys,  or 
obliterates  any  such  account;  or, 

5.  Willfully  refuses  or  omits  to  pay  over,  on  demand,  any 
public  moneys  in  his  hands,  upon  the  presentation  of  a  draft. 


201   CRIMES  AGAINST  KEVENUE  AND  PROPERTY  OF  STATE.   §  426 

order,  or  Avarrant  drawn  upon  such  moneys  by  competent 
authority ;  or, 

6.  Willfully  omits  to  transfer  the  same,  when  such  trans- 
fer is  required  by  law ;  or, 

7.  Willfully  omits  or  refuses  to  pay  over  to  any  officer  or 
person  authorized  by  law  to  receive  the  same  any  money 
received  by  him  under  any  duty  imposed  by  law  so  to  pay 
over  the  same ; — 

Is  punishable  by  imprisonment  in  the  state  prison  for  not 
less  than  one  nor  more  than  ten  years,  and  is  disqualified 
from  holding  any  office  in  this  state.  [Amendment  ap- 
proved 1905;  Stats.  1905,  p.  53.] 

Embezzlement  of  public  funds:  See  post,  §  514. 
Legislation  §  424,  1.  Enacted  February  14,  1872.  The  code  com- 
missioners sayr  "This  section  was  amended  so  as  to  read  as  pub- 
lished in  the  text,  by  act  of  April  1,  1872,  cited  in  note  to  §  391, 
ante.  It  is  founded  upon  the  following  laws:  §§66  and  67  of  the 
Crimes  and  Punishment  Act,  Stats.  1850,  p.  229;  an  act  to  punish 
embezzlement  of  the  public  money.  Stats.  1851,  p.  425;  an  act  for 
the  protection  of  the  treasury.  Stats.  1863,  }).  97.  .  .  .  "  When  en- 
acted in  1872,  (1)  the  introductory  paragraph  had  the  word  "Every" 
instead  of  "Each"  as  the  initial  work  of  the  paragraph,  the  change 
being  made  in  1880;  (2)  subd.  2  reading,  "2.  Loans  the  same  or 
any  portion  thereof;  or";  (3)  subds.  3,  4,  and  5  (omitted  in  1905) 
read,  "3.  Fails  to  keep  the  same  in  his  possession  until  disbursed 
or  paid  out  by  authority  of  law;  or,  4.  Unlawfully  deposits  the  same 
or  any  portion  thereof  in  any  bank,  or  with  any  banker  or  other 
person;  or,  5.  Changes  or  converts  any  portion  thereof  from  coin 
into  currency,  or  from  currency  into  coin  or  other  currency,  without 
authority  of  law;  or";  (4)  the  present  subds.  3,  4,  5,  6,  and  7  then 
being  numbered  6,  7,  8,  9,  and  10,  respectively  (the  change  being 
made  in  1905). 

2.  Amended  by  Code  Amdts.  1880,  p.  39,  (1)  in  introductory  para- 
graph, changing  ''Every"  to  "Each"  as  the  initial  word;  (2)  subd.  2 
reading,  "2.  Loans  the  same,  or  any  portion  thereof,  or  having  the 
possession  or  control  of  any  public  money,  makes  a  profit  out  of,  or 
uses  the  same  for  any  purpose  not  authorized  by  law:  or";  the  sec- 
tion otherwise  reading  as  in  the  original  code. 

3.  Amended  by  Stats.  1905,  p.  53. 

§  425.  Officers  neglecting  to  pay  over  public  moneys. 
Every  officer  charged  with  the  receipt,  safe-keeping,  or  dis- 
bursement of  public  monej's,  who  neglects  or  fails  to  keep 
and  pay  over  the  same  in  the  manner  prescribed  by  law,  is 
guilty  of  felony. 

Fines  to  be  paid  over:  Post,  §§  1457,  1570. 

Legislation  §  425.     Enacted  February  14,  1872. 

§  426.  "Public  moneys, "  as  used  in  the  two  preceding  sec- 
tions, defined.  The  phrase  "public  moneys,"  as  used  in  the 
two  preceding  sections,  includes  all  bonds  and  evidence  of 
indebtedness,  and  all  moneys  belonging  to  the  state,  or  any 


§  430  PENAL    CODE.  202 

city,  county,  town,  or  district  therein,  and  all  moneys,  bonds, 
and  evidences  of  indebtedness  received  or  held  by  state, 
county,  district,  city,  or  town  officers  in  their  official 
capacity. 

Legislation  §  426.     Enactod  Fobiuary  14,  1872. 

§  427.  Failure  to  pay  over  fines  and  forfeitures  received, 
a  misdemeanor.  If  any  cleric,  justice  of  the  peace,  sheriff, 
or  constable,  who  receives  any  fine  or  forfeiture,  refuses  or 
neglects  to  pay  over  the  same  according  to  law  and  within 
thirty  days  after  the  receipt  thereof,  he  is  guilty  of  a  mis- 
demeanor. 

Fines  to  be  paid  over:  See  post,  §§  1457,  1570. 

Legislation  §  427.     Enacted    February    14,    1872;    based    on    Crim. 
Prae.  Act,  Stats.  1851,  p.  288,  §  680. 

§  428.  Obstructing  officer  in  collecting  revenue.  Every 
person  who  willfully  obstructs  or  hinders  any  public  officer 
from  collecting  any  revenue,  taxes,  or  other  sums  of  money 
in  which  the  people  of  this  state  are  interested,  and  which 
such  officer  is  by  law  empowered  to  collect,  is  guilty  of  a 
misdemeanor. 

Legislation  §  428.     Enacted   February    14,   1872;    based   on   Field's 

Draft,  §  501,  N.  Y.  Pen.  Code,  §  475. 

§  429.  Refusing  to  give  assessor  list  of  property,  or  giv- 
ing false  name.  Every  person  wdio  unlawfully  refuses,  upon 
demand,  to  give  to  any  county  assessor  a  list  of  his  prop- 
erty subject  to  taxation,  or  to  sw-ear  to  such  list,  or  who 
gives  a  false  name  or  fraudulently  refuses  to  give  his  true 
name  to  any  assessor,  when  demanded  by  such  assessor  in 
the  discharge  of  his  official  duties,  is  guilty  of  a  misde- 
meanor. 

statement  of  property  owned:   See  Pol.  Code,  §§  3629,  3631. 
Legislation  §  429.     Enacted  February   14,   1872;   based   on   Stats. 

1861,  p.  424,  §§  17,  18. 

§  430.  Making  false  statements,  not  under  oath,  in  refer- 
ence to  taxes.  Every  person  who,  in  making  any  statement, 
not  upon  oath,  oral  or  written,  which  is  required  or  author- 
ized by  law^  to  be  made,  as  the  basis  of  imposing  any  tax  or 
assessment,  or  of  an  application  to  reduce  any  tax  or  assess- 
ment, willfully  states  anything  Avhich  he  knows  to  be  false, 
is  guilty  of  a  misdemeanor. 

Statement  of  value:   See  Pol.  Code,  §§  3629,  3631. 
Reduction  of  valuation:  See  Pol.  Code,  §§  3674,  3675. 
Legislation  §  430.     Enacted  February  14. 1872  (Field's  Draft,  §  520, 
N.   Y.   Pen.   Code,  §.485);   based  on   Stats.   1861,  pp.  424,  440,  §§  17, 
18,   68.     The   code   commissioners  say:     "Stats.   Geo.  Ill,   e.  cv,   §   9. 


203      CRIMES  AGAINST  REVENUE  AND  ^PROPERTY  OP  STATE.       §  435 

False  statements  made  under  the  sanction  of  an  oath,  in  any  of 
the  cases  referred  to  iu  the  section  above,  fall  within  the  definition 
of  perjury,  as  given  iu  this  code,  and  are  therefore  excluded  from 
the  operation  of  this  section.  ..." 

§  431.  Delivering'  receipts  for  poll-taxes,  other  than  pre- 
scribed by  law,  or  collecting  poll-taxes,  etc.,  without  giving 
the  receipt  prescribed  by  law.  Every  person  who  uses  or 
gives  any  receipt,  except  that  prescribed  by  law,  as  evidence 
of  the  payment  of  any  poll-tax,  road-tax,  or  license  of  any 
kind,  or  who  receives  payment  of  such  tax  or  license  with- 
out delivering  the  receipt  prescribed  by  law,  or  who  inserts 
the  name  of  more  than  one  person  therein,  is  guilty  of  a  mis- 
demeanor. 

Licenses:  See  Pol.  Code,  §§  3356-3385. 

Legislation  §  431,  Enacted  February  14,  1872;  based  on  Stats. 
18(31,  p.  449,  §  95.  The  code  commissioners  say:  "This  and  the  nine 
following  sections  are  extended  to  cover  the  several  provisions  of 
the  revenue  law  relating  to  tax  receipts,  licenses,  etc.  (See  Political 
Code.)" 

§  432.  Having  blank  receipts  for  licenses,  etc.,  other  than 
those  prescribed  by  law.  Every  person  who  has  in  his  pos- 
session, with  intent  to  circulate  or  sell,  any  blank  licenses  or 
poll-tax  receipts  other  than  those  furnished  by  the  con- 
troller of  state  or  county  auditor,  is  guilty  of  felony. 
PoU-taxes:  See  Pol.  Code,  §§  3839-3862. 

Legislation  §  432.  Enacted  February  14,  1872;  based  on  Stats. 
1861,  p.  419;  Stats.  1855  p,  175,  §  5, 

§433.  Selling  undated  foreign  miners'  licenses.  [Re- 
pealed.] 

Legislation  §  433.     1.  Enacted  February  14,  1872. 

2.  Eepealed  by  an  act  entitled  "An  Act  to  amend  and  in  relation 
to  the  Political,  Civil,  and  Penal  Codes,  and  the  Code  of  Civil  Pro- 
cedure," approved  April  1,  1872,  now  on  file  in  the  oQice  of  the 
secretary  of  state.  The  code  commissioners  say:  "This  section  was 
repealed  in  consequence  of  amendments  to  the  Federal  constitution 
superseding  or  overriding  the  foreign  miners'  tax  of  this  state." 

§  434,  Refusing  to  give  name  of  persons  in  employment, 
etc.  Every  person  who,  when  requested  by  the  collector  of 
taxes  or  licenses,  refuses  to  give  to  such  collector  the  name 
and  residence  of  each  man  in  his  employment,  or  to  give  such 
collector  access  to  the  building  or  place  where  such  men  are 
employed,  is  guilty  of  a  misdemeanor. 

Debtors  paying  poll-taxes:  See  Pol.  Code,  §§  3848-3850. 
Legislation  §  434.     Enacted   February   14,   1872;   based   on   Stats. 
1864,  p.  45,  §  1. 

§  435.  Carrying  on  business  without  license.  Every  per- 
son who  commences  or  carries  on  any  business,  trade,  pro- 


§  44U  PKNAL    CODE.  204 

fessioii,  or  calling,  ior  the  transaction  or  carrying  on  of 
U'hicii  a  license  is  reqnired  by  any  law  oi"  this  state,  witliout 
taking  out  or  procuring  the  license  prescribed  by  such  law, 
is  guilty  of  a  misdemeanor. 

License  law:  See  Pol.  Code,  §§  33.JG-33S6. 
Carrying  on  business  without  a  license:  See  ante,  §§  338,  379. 
Legislation  §  435.     Enacted    February   14,  1872;   based    on    Stats. 
1861,  p.  4U),  §  77;  Stats.  1863,  p.  732,  §  1. 

§  436.  Unlawfully  acting  as  auctioneer.  Every  person 
who  acts  as  an  auctioneer  in  viohition  ofc"  the  laws  of  this 
state  relating  to  auctions  and  auctioneers,  is  guilty  of  a  mis- 
demeanor. 

Auctioneers:  See  Pol.  Code,  §§  3284-3292,  3376. 
Legislation  §  436.     Enacted   February   14,   1872;   based   on   Stats. 
1859,  p.  354,  §  8. 

§  437.     Forging-  state  revenue  stamps.     [Repealed.] 

Legislation  §  437.     1.  Enacted  February  14,  1872;  based  on  Stats. 

1861,  p.  315,  §§  9,  10. 

2.  Repealed  by  act  of  April  1,  1872,  cited  in  note  to  §  433,  ante, 
See'  post.  Legislation  §  438,  for  code  commissio'ners'  note. 

§  438.  Making  instruments  on  unstamped  paper.  [Re- 
pealed.] 

Legislation  §  438.     1.  Enacted  February  14,  1872. 

2.  Repealed  by  act  of  April  1,  1872,  cited  in  note  to  §  433,  ante. 
The  code  commissioners  say:  "The  twO'  preceding  repealed  sections 
became  inoperative,  and  unnecessary  by  the  stamp  tax  being  de- 
clared unconstitutional  in  Brumagim  v.  Tillinghast,  18  Cal.  265." 

§  439.  Effecting  insurance  on  account  of  foreign  com- 
panies that  have  not  complied  with  the  laws  of  this  state. 
Every  person  who  in  this  state  procures,  or  agrees  to  pro- 
cure, any  insurance  for  a  resident  of  this  state,  from  any 
insurance  company  not  incorporated  under  the  laws  of  this 
state,  unless  such  company  or  its  agent  has  filed  the  bond 
required  by  the  laws  of  this  state  relating  to  insurance,  is 
guilty  of  a  misdemeanor. 

Bonds  from  foreign  corporations:  Pol.  Code,  §  623. 
Legislation  §  439.     Enacted  February  14,  1872.     The  code  commis- 
sioners say:    "The  reference  is  to  the  chapter  relative  to  foreign  in- 
surance companies,  and  to  the  section  that  forbids  them  to  carry 
ou   business   in   this  state   except   upon   certain   conditions.     (Stats. 

1862,  p.  243,  and  acts  amendatory.)" 

§  440.  Officer  charged  with  collection,  etc.,  of  revenue,  re- 
fusing to  permit  inspection  of  his  books.  Every  officer 
charged  with  the  collection,  receipt,  or  disbursement  of  any 
portion  of  the  revenue  of  this  state,  who,  upon  demand,  fails 
or  refuses  to  permit  the  controller  or  attorney-geiieral   to 


205     CRIMES  AGAINST  REVENUE  AND  PROPERTY  OP  STATE.     §  4-421/2 

inspect  his  books,  papers,  receipts,  and  records  pertaininj,' 

to  his  office,  is  guilty  of  a  inisdeiiieauor. 

Legislation  §  440.  Enacted  February  14,  1872;  based  ou  Stats. 
1852,  p.  57,  §  2. 

§  441.  Board  of  examiners,  controller,  and  treasurer  neg- 
lecting certain  duties.  Every  member  of  the  board  of  ex- 
aminers and  every  controller  or  state  treasurer  who  violates 
any  of  the  provisions  of  the  laws  of  this  state  relating  to 
the  board  of  examiners,  or  prescribing  its  powers  and 
duties,  is  guilty  of  a  felony. 

Board  of  examiners  is  now  succeeded  by  Board  of  Control:  Pol. 

Code,  §§  654  et  seq. 

Legislation  §  441.  Enacted  Februarj-  14,  1872;  based  on  Stats. 
1858,  p.  212.  The  code  commissioners  say:  ''The  chapter  referred  to 
is  the  one  relating  to  board  of  examiners  and  their  duties." 

§  442.  Military  property,  unlawful  conversion  of.  Un- 
lawful conversion  of  military  property.  Any  person  who 
shall  secrete,  sell,  dispose  of,  offer  for  sale,  purchase,  retain 
after  demand  made  by  a  commissioned  officer  of  the  national 
guard,  or  in  any  manner  pawn  or  pledge  any  arms,  uni- 
forms, equipments,  or  other  military  property  of  the  State 
of  California,  or  of  any  company  of  the  national  guard  shall 
be  guilty  of  a  misdemeanor.  [Amendment  approved  1905; 
Stats.  1905,  p.  144.] 

Legislation  §  442.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1S66,  p.  735,  §  50.  The  code  commissioners  say:  "It  is  intended  to 
change  the  name  'national  guard'  to  'state  guard.'  "  When  enacted 
in  1872,  §  442  read:  "442.  Every  person  who  unlawfully  retains  in 
his  possession  any  arms,  equipments,  clothing,  or  military  stores  be- 
longing to  the  state,  or  the  property  of  any  company  of  the  state 
militia,  is  guilty  of  a  misdemeanor." 
2.  Amended  by  Stats.  1905,  p.  144. 

§  44214.  Wearing  uniform  of  United  States  army  except 
by  certain  persons,  forbidden.  Theatrical  people.  Civic 
societies.  Every  person,  other  than  an  officer  or  enlisted 
man  of  the  national  guard  or  naval  militia  of  the  state  of 
California,  or  of  any  other  state,  or  of  the  United  States 
army,  navy,  marine  corps  or  revenue  service  or  forest  ser- 
vice, or  inmate  of  any  veterans'  or  soldiers'  home,  who  at 
any  time  wears  the  uniform  of  the  United  States  army  or 
navy  or  national  guard,  or  any  part  of  such  uniform,  or  a 
uniform  or  part  of  a  uniform  similar  thereto,  within  the 
bounds  of  the  state  of  California,  is  guilty  of  a  misdemeanor, 
and  if  found  guilty  of  such  offense  shall  be  punishable  by 
a  fine  of  not  less  than  one  hundred  nor  more  than  two  hun- 
dred and  fifty  dollars,  or  by  imprisonment  in  the  county  jail 


§  4-i;i  PENAL    CODE.  206 

not  exceeding  sixty  daAs,  or  by  l)()11i  such  fine  and  imprison- 
ment; provided,  tliat  nothing  iu  this  act  shall  be  construed 
as  prohibiting  persons  of  tiie  theatrical  profession  from 
wearing  such  unifoiiu  in  any  ])layhouse  or  theater  while 
actually  engaged  in  following  said  profession;  and  provided, 
that  nothing  in  this  act  shall  be  construed  as  prohibiting 
the  uniform  rank  of  civic  societies  parading  or  traveling  in 
a  body  or  assembling  in  a  lodge-room;  and  provided  fur- 
ther, that  whenever  the  national  guard,  or  any  part  thereof 
is  in  active  service,  or  is  called  into  active  service,  no  civic 
organization  or  member  thereof  shall  parade  or  appear  in 
uniform  in  the  locality  where  said  national  guard  is  in 
service. 

Legislation  §  4421/2.     Added  by  Stafs.  1907,  p.  759. 

§  443.     Selling-  state  arms,  etc.     [Repealed  1905 ;  Stats. 
19U5,  p.  145.] 

Legislation  §  443.     1.  Euucted  February  14,  1872. 
2.  Repealed  by  Stats.  1905,  p.  145. 


207  ARSON.  ^  447 

TITLE    XIII. 

Crimes  Ag"ainst  Property. 

Chapter  I.     Arson.     §§  447-4.55. 

II.     Burglary  and  Housebreaking.     §§  4."9-4fin. 
III.     Having  Possession  of  Burglarious  Instruments  and  Deadly 

Weapons.     §§  466,  467. 
IV.     Forgery   and   Counterfeiting.      §§  470-4S2. 

V.     Larceny.     §§  484-50214. 
VI.     Embezzlement.     §§  50.3-514. 
VII.     Extortion.     §§518-526. 
VIII.     False  Personation  and  Cheats.     §§  52S-538b. 

IX.     Fraudulently      Fitting      Out      and      Destroying      Vessels. 
§§5.39-54314. 
X.     Fraudulently    Keeping   Possession    of   "Wrecked   Property. 
§§  544,  545. 
XI.     Fraudulent  Destruction  of  Property  Insured.     §§  548,  549. 
XII.     False  Weights   and   Measures.     §§  552-556. 

XIII.  Fraudulent     Insolvencies     by     Corporations,     and     Other 

Frauds  in   Their  Management.     §§  557-573. 

XIV.  Fraudulent  Issue   of   Documents   of  Title   to  Merchandise. 

§§  577-583. 
XV.     Malicious  Injuries  to  Railroad  Bridges,  Highways,  Bridges, 
and  Telegraphs.     §§  587-593a. 

CHAPTER  I. 

Arson. 

§  447.  Arson  defined. 

§  448.  "Building"   defined. 

§  449.  "Inhabited  building"  defined. 

§  450.  "Night-time"  defined. 

§  451.  "Burning"  defined. 

§  452.  Ownership  of  the  building. 

§  453.  Degrees  of  arson. 

§  454.  Arson  of  the  first  degree.     Arson  of  the  second  degree. 

§  455.  Punishment  of  arson. 

§  447.     Arson  defined.     Arson  is  the  willful  and  malicious 
burning-  of  a  building,  with  intent  to  destroy  it. 
Burning  insured  property:  Post,  §  548. 

Legislation  §  447.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  521,  K  Y.  Pen.  Code,  §§  486,  487,  488;  4  Bl.  Com.  220.  The 
code  commissioners  say:  "The  statutes  of  this  state  have  enlarged 
the  use  of  the  term  to  include'  many  acts  of  burning  not  involving 
special  danger  to  the  person.  Thus,  burning  stacks  of  grain,  stand- 
ing crops,  bridges,  etc.,  is  arson  in  the  second  degree.  (Stats.  1856, 
p.  131,  §§  4,  5.)  The  commissioners  recommend  that  the  term  'arson' 
be  confined  to  the  offense  of  setting  on  fire  buildings  (including  ships 
and  vessels).  Other  criminal  acts  of  burning  are  not  properly  classi- 
fied under  the  title  of  'arson,'  but  under  the  title  of  'malicious  mis- 
chief.' "  The  New  York  code  commissioners,  in  a  table  of  the  prin- 
cipal crimes  enumerated  in  the  Field  Draft,  under  the  title  "Arson," 


§  453  PENAL    CODE.  208 

say:  "Origin;illy,  arson  was  tlio  huiniiif,'  of  a  liiiinaii  habitation. 
The  term  has  boeii,  in  this  state,  ami  in  other  jurisdictions,  extended 
by  statute,  to  embrace  tlie  biirninfj  of  other  descriptions  of  prop- 
erty not  iuvolving  danger  to  liunian  life.  In  the  code,  the  term  is 
used  in  its  original  and  restricted  sense.  See  §§  521-539.  Other 
criminal  burnings  are  punisliable  as  malicious  mischief  under  §  (500." 

§448.  "  Building' "  defined.  Any  house,  edifice,  structure, 
vessel,  or  other  erection,  capable  of  aft'ordinfj;  shelter  for 
Imnian  beings,  or  appurtenant  to  or  connected  with  an  erec- 
tion so  adapted,  is  a  "building,"  within  the  meaning  of  this 
chapter. 

Legislation  §  448.     Enacted   February    14,    1872;    almost    identical 

with  Field's  Draft,  §  522,  N.  Y.  Pen.  Code,  §  493. 

§  449.  "Inhabited  building"  defined.  Any  building  which 
has  usually  been  occupied  by  any  person  lodging  therein  at 
night  is  an  "inhabited  building,"  within  the  meaning  of  this 
chapter. 

Legislation  §  449.     Enacted  February  14,  1872;   based   on  Field's 

Draft,  §  523,  N.  Y.  Pen.  Code,  §  494;  Stats.  1856,  p.  131,  §  6. 

§450.  "Nig-ht-time"  defined.  The  phrase  "night-time," 
as  used  in  this  cbapter,  means  the  period  between  sunset 
and  sunrise. 

"Night-time,"  defined:  See  ante,  §  7,  subd.   13;   post,  §  463. 
Legislation  §  450.     1.  Enacted  February  14,  1872. 
2.  Repeal  by  Stats.  1901,  p.  462;   unconstitutional.     See  note,  §  5, 
ante. 

§451.  "Burning'"  defined.  To  constitute  a  burning, 
within  the  meaning  of  this  chapter,  it  is  not  necessary  that 
the  building  set  on  fire  should  have  been  destroyed.  It  is 
sufficient  that  fire  is  applied  so  as  to  take  effect  upon  any 
part  of  the  substance  of  the  building. 

Legislation  §  451.     Enacted  February   14,   1872;    based   on  Field's 

Draft,  §  525.     The   code  commissioners  cite  State  v.  Sandv,  5  Ired. 

570;  16  Mass.  105;  16  Johns.  203;  17  Ga.  130. 

§  452.  Ownership  of  the  building".  To  constitute  arson  it 
is  not  necessary  that  a  person  other  than  the  accused  should 
have  had  ownership  in  the  building  set  on  fire.  It  is  suffi- 
cient that  at  the  time  of  the  burning  another  person  was 
rightfully  in  possession  of,  or  was  actually  occupying  such 
building,  or  any  part  thereof. 

Legislation  §  452.     Enacted  February   14,   1872;    based   on   Field's 

Draft,  §  526,  N.  Y.  Pen.  Code,  §  495. 

§  453.  Degrees  of  arson.  Arson  is  divided  into  two 
degrees. 

Legislation  §  453.     Enacted   February    14,    1872;    based    on    Stats. 
1856,  p.  132,  §§  4,  5. 


209  BURGLARY  AND  HOUSEBREAKING.  §  459 

§  454.  Arson  of  the  first  degree.  Arson  of  the  second 
deg-ree.  ]Malieiuiisly  burning  in  the  night-tinie  an  inhabited 
building  in  ^vhieh  there  is  at  the  time  some  human  being,  is 
arson  in  the  first  degree.  All  other  kinds  of  arson  are  of  the 
second  degree. 

Setting  fire  to  woods,  prairies,  grasses,  or  grain:  Sec  ante,  §  384. 
Legislation  §  45i,     Enacted  February  14,  1872;  the  first  sentence 
identical  with  Field's  Draft,  §  532,  N.  Y.  Pen.  Code,  §§  486,  487. 

§  455.  Punishment  of  arson.  Arson  is  punishable  by  im- 
prisonment in  the  state  prison,  as  follows : 

1.  Arson  in  the  first  degree,  for  not  less  than  two  years ; 

2.  Arson  in  the  second  degree,  for  not  less  than  one  nor 
more  than  twenty-five  years.  [Amendment  approved  1901 ; 
Stats.  1901,  p.  664.] 

Legislation  §  455.  1.  Enacted  February  14,  1872.  (Field's  Draft, 
§  539,  N.  Y.  Pen.  Code,  §  489.) 

2.  Amended  by  Stats.  1901,  p.  664,  in  subd.  2,  substituting  "twenty- 
five"  for  "ten." 

CHAPTER  II. 

Burglary  and  Housebreaking. 

§  459.  "Burglary"  defined. 

§  460.  "Burglary"  defined. 

§  461.  Burglary.     Penalty  for. 

§  462.  Punishment    of    housebreaking.      [Eepealed.] 

§  463.  "Night-time"  defined. 

§  459.  "Burglary"  defined.  Every  person  who  enters  any 
house,  room,  apartment,  tenement,  shop,  warehouse,  store, 
mill,  barn,  stable,  outhouse  or  other  building,  tent,  vessel, 
railroad  car,  mine,  or  any  underground  portion  thereof, 
Avith  intent  to  commit  grand  or  petit  larceny  or  any  felony 
is  guilty  of  burglary.  [Amendment  approved  1913 ;  Stats. 
1913,  p.  228.] 

Legislation  §  459.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  58,  as  amended  by  Stats.  1858,  p.  206,  §  1, 
which  read:  "§  1.  Every  person  who  shall,  in  the  night-time,  forcibly 
break  and  enter,  or  without  force  enter  (the  doors  or  windows  being 
open)  any  house,  room,  apartment  or  tenement,  or  any  tent,  vessel, 
or  water-craft,  with  intent  to  commit  grand  or  petit  larceny,  or 
any  felony,  shall  be  deemed  to  be  guilty  of  burglar}^,  and,  on  con- 
viction thereof,  shall  be  punished  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  one  nor  more  than  ten  years." 
When  enacted  in  1872,  §  459  read:  "459.  Every  person  who,  in  the 
night-time,  forcibly  breaks  and  enters,  or  without  force  enters 
through  any  open  door,  window,  or  other  aperture,  any  house,  room, 
apartment,  or  tenement,  or  any  tent,  vessel,  water-craft,  or  railroad 
car.  with  intent  to  commit  grand  or  petit  larceny,  or  any  felony,  is 
guilty  of  burglary." 
Pen.  Code — 14 


§  4G3  PENAL    CODE.  210 

2.  Allien. led  li.v  Codr  Aiiidts.  1875-76,  p.  111.  Ami  tli.'ii  read: 
"Evcrv  jii'isdii  who  eiiti'is  any  lionso,  room,  apartinriit,  tenement, 
sliop,  waroliouso,  store,  mill,  barn,  stable,  outhouse,  or  otlier  building, 
tout,  vessel,  or  railroad  car,  witli  intent  to  commit  grand  or  petit 
larceny,  or  any  felony,  is  gnilty  of  burglary." 

3.  Amended  by  Stats.  1913,  p.  228,  Cf.  tlic  original  Code  §  461, 
(luotcd  [lost,   r>ogislation   §  -JGl. 

§460.  "Burglary"  defined.  Every  l)iirj:>lary  committed 
ill  llic  iiiglil-time  is  l)urgl;u'y  of  the  first  (lef?reo,  and  every 
burglary  conunitted  in  the  daytime  is  l)urglary  of  tlie  second 
degree.  [Amendment  approved  1876 ;  Code  Amdts.  1875- 
76,  p.  112.] 

Legislation  §  460,  1.  Enacted  February  14,  1872,  and  then  pro- 
vided for  the  punishment  of  burglary  (the  present  §  461).  See  post, 
§461. 

2.  Amended  by  Code  Amdts.  1875-76,  p.  112,  this  so-called  amend- 
ment being  in  fact  the  addition  of  a  new  section. 

§  461.  Burglary.  Penalty  for.  Burglary  of  the  first 
degree  is  punishable  by  imprisonment  in  the  state  prison 
for  not  less  than  one  nor  more  than  fifteen  years.  Burglary 
of  the  second  degree  is  punishable  by  imprisonment  in  the 
state  prison  for  not  more  than  five  years.  [Amendment 
approved  1876;  Code  Amdts.  1875-76,  p.  112.] 

Legislation  §  461.  1.  Enacted  February  14,  1872,  as  §  460,  and  then 
read:  "460.  Burglary  is  punishable  by  imprisonment  in  the  state 
prison  for  not  less  than  one  nor  more  than  fifteen  years."  The  code 
commissioners  say:  "By  the  act  of  1858  (Stats.  1S5S,  p.  206)  the 
crime  of  burglary  was  punishable  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  one  nor  more  than  ten  years,  whilst 
grand  larceny,  a  less  heinous  crime,  might  be  punished  with  im- 
prisonment in  the  state  prison  for  fourteen  years.  (Stats.  1856, 
p.  219,  §  7.)  The  commissioners  have  reduced  the  maximum  pun- 
ishment for  larceny  from  fourteen  years  to  ten  years,  and  increased 
that  of  burglary  from  ten  years  to  fifteen  years." 

2.  Amended  by  Code  Amdts.  1875-76,  p.  112,  changing  the  section 
number  to  461  and  amending  the  section.  The  original  code  §  461 
defined  "housebreaking,"  and  read:  "461.  Every  person  who,  in  the 
daytime,  enters  any  dwelling-house,  shop,  warehouse,  store,  mill, 
barn,  stable,  outhouse,  other  building,  vessel,  or  railroad  car,  with 
intent  to  steal  or  to  commit  any  felony  whatever  therein,  is  guilty 
of  housebreaking."     Cf.  the  present  §  459. 

§462.  Punishment  of  housebreaking".  [Repealed  1876; 
Code  Amdts.  1875-7G,  p.  112.] 

Legislation  §  462.     1.     Enacted  February  14,  1872. 
2.  Repealed  by  Code  Amdts.  1875-76,  p.  112. 

§  463.  ' ' Night-time"  defined.  The  phrase  ' ' night-time, ' ' 
as  used  in  this  chapter,  means  the  period  between  sunset  and 
«i-unrise. 

"Night-time,"  defined:  See  ante,  §§7,  subd.  13,  450. 


211  POSSESSING  BURGLARIOUS  INSTRUMENTS,  ETC.  §  467 

Legislation  §  463.  1.  Enacted  Fel)rnary  14,  1872;  based  on  Field's 
Draft,  §  524. 

2.  Repealed  by  Stats.  1901,  p.  462;  unconstitutional.  See  note,  §  5, 
ante. 

ClIAPTEK  III. 
Having  Possession  of  Burglarious  Instruments  and  Deadly  Weapons. 

§  466.     Having   possession   of   any   instrument   with   intent   to   commit 

burglary. 
§  467.     Having  possession   of   deadly  weapons  with   intent   to   commit 

an  assault. 

§  466.  Having-  possession  of  any  instrument  with  intent 
to  commit  burglary.  Every  person  having  upon  him  or  in 
his  possession  a  picklock,  crow,  keybit,  or  other  instrument 
or  tool  vrith  intent  feloniously  to  break  or  enter  into  any 
building-,  or  who  shall  knowingly  -make  or  alter,  or  shall  at- 
tempt to  make  or  alter,  any  key  or  other  instrument  above 
named  so  that  the  same  Avill  fit  or  open  tho  lock  of  a  build- 
ing, without  being  requested  so  to  do  by  some  person  hav- 
ing the  right  to  open  the  same,  or  who  shall  make,  alter,  or 
repair  any  instrument  or  thing,  knowing  or  having  reason 
to  believe  that  it  is  intended  to  be  used  in  committing  a  mis- 
demeanor or  felony,  is  guilty  of  misdemeanor.  Any  of  the 
structures  mentioned  in  section  four  hundred  and  fifty-nine 
of  this  code  shall  be  deemed  to  be  a  building  within  the 
meaning  of  this  section.  [ AmendDtent  approved  1874 ;  Code 
Amdts.  1873-74,  p.  463.] 

Legislation  §  466.  1.  Enacted  February  14,  1872  (N.  Y.  Pen.  Code, 
§  508) ;  based  on  Crimes  and  Punishment  Act,  Stats.  1850,  p.  245, 
§  127,  which  read:  "§  127.  If  any  person  shall  be  found  having 
upon  him  or  her  any  picklock,  crow,  key,  bitt,  or  other  instrument 
or  tool,  with  intent  feloniously  to  break  and  enter  into  any  dwelling- 
house,  store,  shop,  warehouse,  or  other  building  containing  valuable 
property,  or  shall  be  found  in  any  of  the  aforesaid  buildings  with 
intent  to  steal  any  money,  goods,  and  chattels,  every  person  so  of- 
fending shall,  on  conviction  thereof,  be  imprisoned  in  the  county 
jail  not  more  than  two  years;  and  if  any  person  shall  have  upon 
him  any  pistol,  gun,  knife,  dirk,  bludgeon,  or  other  offensive  weapon, 
with  intent  to  assault  any  person,  every  such  person,  on  conviction, 
shall  be  fined  not  more  than  one  hundred  dollars  or  imprisoned  in 
the  county  jail  not  more  than  three  months."  When  enacted  in  1872, 
§  466  read:  "Every  person  having  upon  him  a  picklock,  crow  key, 
bit,  other  instrument  or  tool,  with  intent  feloniously  to  break  or 
enter  into  any  building,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  463.  Cf.  "crow,  key, 
bitt,"  of  the  Crimes  and  Punishment  Act;  "crow  key,  bit,--  of  the 
original  code  section;  "crow,  keybit,"  of  the  amendment  of  1873-74 
(the  present  section). 

§  467.  Having-  possession  of  deadly  weapons  with  intent 
to  commit  an  assault.     Every  person  having  upon  him  any 


§  470  PEXAL    CODE,  212 

deadly  weapon  with  intent  to  ass;\ult  another,  is  guilty  of  a 
misdemeanor. 

Legislation  §  467.     Enacted   February    14,  1872;   based  on  Crimes 

and  Puuishmeut  Aot.  St>f-^    is-ci    -^   'r^*   S  i;'     >=''o  :»nte.  Legislation 
§  46t>. 

CHAPTKK  IV. 

Forgery  and  Counterfeiting. 

§  470.  Forgery  of  wills,  conveyances,  etc. 

§  471.  Making  false  entries  in  records  or  returns. 

§  472.  Forgery  of  public  and  corporate  seals. 

§  472a.  Penalty  for  signing  false  name  to  petitions. 

§  473,  Punishment  of  forgery. 

§  474.  Forging  telegraph  or  telephone  messages. 

§  475.  Passing  or  receiving  forged  notes. 

§  476.  Making,  passing,  or  uttering  fictitious  bills,  etc. 

§  476a.  Penalty  for  issuing  bank  obeek  with  intent  to  defraud. 

§  477.  Counterfeiting  coin,  bullion,  etc. 

§  47S.  Punishment  of  counterfeiting. 

§  479.  Possessing  or  receiving  counterfeit  coin,  bullion,  etc. 

§  4S0.  Making  or  possessing  counterfeit  dies  or  plates. 

§  4S1.  Counterfeiting  railroad  or  steamship  tickets. 

I  452.  Restoring  canceled  railroad  or  steamship  tickets. 

§  470.    Forgery  of  wills,  conveyances,  etc.     Every  person 

who,  Avith  intent  to  defraud,  signs  the  name  of  another  per- 
son, or  of  a  fictitious  person,  knowing  that  he  has  no  author- 
ity so  to  do,  to,  or  falsely  makes,  alters,  forges,  or  counter- 
feits, any  charter,  letters-patent,  deed,  lease,  indenture, 
writing  obligatory,  will,  testament,  codicil,  bond,  covenant, 
bank  bill  or  note,  postnote,  cheek,  draft,  bill  of  exchange, 
contract,  promissory  note,  due-bill  for  the  payment  of  money 
or  property,  receipt  for  money  or  property,  passage  ticket, 
power  of  attorney,  or  any  certificate  of  any  share,  right,  or 
interest  in  the  stock  of  any  corporation  or  association,  or  any 
controller's  warrant  for  the  payment  of  money  at  the  treas- 
ury, county  order  or  warrant,  or  request  for  the  payment 
of  money,  or  the  delivery  of  goods  or  chattels  of  any  kind, 
or  for  the  delivery  of  any  instrument  of  writing,  or  ac- 
quittance, release,  or  receipt  for  money  or  goods,  or  any 
acquittance,  release,  or  discharge  of  any  debt,  account,  suit, 
action,  demand,  or  other  thing,  real  or  personal,  or  any 
transfer  or  assurance  of  money,  certificate  of  shares  of  stock, 
goods,  chattels,  or  other  property  whatever,  or  any  letter  of 
attorney,  or  other  power  to  receive  money,  or  to  receive  or 
transfer  certificates  of  shares  of  stock  or  annuities,  or  to  let, 
lease,  dispose  of,  alien,  or  convey  any  goods,  chattels,  lands, 
or  tenements,  or  other  estate,  real  or  personal,  or  any  ac- 
ceptance or  indorsement  of  any  bill  of  exchange,  promissory 
note,  draft,  order,  or  any  assignment  of  any  bond,  writing 


213  FORGERY  AND  COUNTERFEITING,  §  4:70 

obligatory,  promissory  note,  or  other  contract  for  money 
or  other  property ;  or  counterfeits  or  forges  the  seal  or  hand- 
■\vriting  of  another ;  or  utters,  publishes,  passes,  or  attempts 
to  pass,  as  true  and  genuine,  any  of  the  above-named  false, 
altered,  forged,  or  counterfeited  matters,  as  above  specified 
and  described,  knowing  the  sarme  to  be  false,  altered,  forged, 
or  counterfeited,  Avith  intent  to  prejudice,  damage,  or  de- 
fraud any  person;  or  Avho,  with  intent  to  defraud,  alters, 
corrupts,  or  falsifies  any  record  of  any  will,  codicil,  con- 
veyance, or  other  instrument,  the  record  of  which  is  by 
law  evidence,  or  any  record  of  any  judgment  of  a  court  or 
the  return  of  any  officer  to  any  process  of  any  court,  is  guilty 
of  forgerv.  [Amendment  approved  1905;  Stats.  1905,  p. 
673.] 

Forgery  of  records:    See  post,  §  471. 

Legislation  §  470.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  237,  §  73,  which  read:  "§  73. 
Every  person  who  shall  falsely  make,  alter,  forge,  or  counterfeit 
any  record  or  other  authentic  matter  of  a  public  nature,  or  any  char- 
ter, letters  patent,  deed,  lease,  indenture,  writing  obligatory,  will, 
testament,  codicil,  annuity,  bond,  covenant,  bank  bill  or  note,  post 
note,  check,  draft,  bill  of  exchange,  contract,  promissory  note,  due- 
bill  for  the  payment  of  money  or  property,  receipt  for  money  or 
property,  power  of  attorney,  any  comptroller's  warrant  for  the  pay- 
ment of  money  at  the  treasury,  county  order  or  warrant,  or  request 
for  the  payment  of  money  or  the  delivery  of  goods  or  chattels  of 
any  kind,  or  for  the  delivery  of  any  instrument  of  writing,  or  ac- 
quittance, release,  or  receipt  for  money  or  goods,  or  any  acquittance, 
release,  or  discharge  for  any  debt,  account,  suit,  action,  demand,  or 
other  thing  real  or  personal,  or  any  transfer  or  assurance  of  money, 
stock,  goods,  chattels,  or  other  property  whatever,  or  any  letter  of 
attorney,  or  other  power  to  receive  money,  or  to  receive  or  transfer 
stock  or  annuities,  or  to  let,  lease,  dispose  of,  alien,  or  convey  any 
goods  or  chattels,  lands  or  tenements,  or  other  estate,  real  or  per- 
sonal, or  any  acceptance  or  indorsement  of  any  bill  of  exchange, 
promissory  note,  draft,  order,  or  assignment  of  any  bond,  writing 
obligatory,  or  promissory  note  for  money  or  other  property,  or  shall 
counterfeit  or  forge  the  seal  or  handwriting  of  another,  with  intent 
to  damage  and  defraud  any  person  or  persons,  body  politic  or  cor- 
porate, whether  the  said  person  or  persons,  body  politic  or  corpo- 
rate, reside  in  or  belong  to  this  state  or  not,  or  shall  utter,  publish, 
pass,  or  attempt  to  pass,  as  true  and  genuine,  any  of  the  above- 
named  false,  altered,  forged,  or  counterfeited  matters,  as  above 
specified  and  described,  knowing  the  same  to  be  false,  altered, 
forged,  or  counterfeited,  with  intent  to  prejudice,  damage,  or  de- 
fraud any  person  or  persons,  body  politic  or  corporate,  whether  the 
said  person  or  persons,  body  politic  or  corporate,  reside  in  this  state 
or  not:  every  person  so  offending  shall  be  deemed  guilty  of  forgery, 
and  upon  conviction  thereof  shall  be  punished  by  imprisonment  in 
the  state  prison  for  a  term  not  less  than  one  year  nor  more  than 
fourteen  years."  ^Yhen  enacted  in  1S72,  §  470  differed  from  the 
amendment  of  1905  (the  present  section),  (1)  the  first  part  of  the 
section  then  reading,  "Every  person  who,  with  intent  to  defraud  an- 
other, falsely  makes";    (2)   haviu;j   (a)   "letters,  patent,"  instead  of 


§  472a  PENAL  CODE.  214 

"letters-patent"  (qiuvre  as  to  the  hyplieii) ;  (b)  "annuity"  after  "codi- 
cil"; (e)  "post  note"  instead  of  "postnoto"  (as  to  which,  qua-re) ;  (d) 
"discharge  for  any  debt"  instead  of  "discliarge  of  any  debt";  (e) 
"certificates  of  shares"  instead  of  "certificate  of  shares";  (f)  "or  as- 
signment of  any  bond,  writing  obligatory,  or  promissory  note  for 
money  or  other  property"  instead  of  "or  any  assignment  of  any 
bond,  writing  obligatory,  promissory  note,  ur  otlicr  contract  for 
money  or  other  property." 

2,  AmendnuMit  by  Stats.  1901,  p.  -1()2;  nnconstitutimial.  Sec  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  673;  the  code  commissioner  saying, 
"The  purpose  of  the  amendment  is  to  make  the  forging  of  the  name 
of  a  fictitious  person,  or  knowingly  signing  the  name  of  another, 
criminal  if  done  with  intent  to  defraud." 

§  471.     Making-  false  entries  in  records  or  returns.     Every 

.  pei'son  wlio,  "with  intent  to  dofi-aiul  anotlior,  makes,  forces, 
or  alters  any  entry  in  any  book  of  records,  or  any  instru- 
ment purporting  to  be  any  record  or  return  specified  in  the 
preceding  section,  is  guilty  of  forgery. 
Forgery  of  records:  See  ante,  §  470. 

Legislation  §  471.  Enacted  February  14,  1872  (Field's  Draft, 
§5.57);  based  on  Crimes  and  Punishment  Act,  Stats.  1850,  p.  237, 
§73. 

§  472.  Forgery  of  public  and  corporate  seals.  Every  per- 
son who,  with  intent  to  defraud  another,  forges,  or  counter- 
feits the  seal  of  this  state,  the  seal  of  any  public  officer  au- 
thorized l)y  law,  the  seal  of  any  court  of  record,  or  the  seal 
of  any  corporation,  or  any  other  public  seal  authorized  or 
recognized  by  the  laAvs  of  this  state,  or  of  any  other  state, 
government,  or  country,  or  who  falsely  makes,  forges,  or 
counterfeits  any  impression  purporting  to  be  an  impression 
of  any  such  seal,  or  Avho  has  in  his  possession  any  such 
counterfeited  seal  or  impression  thereof,  knowing  it  to  be 
counterfeited,  and  willfully  conceals  the  same,  is  guilty  of 
forgery. 

Legislation  §  472.  Enacted  February  14,  1872  (Field's  Draft,  §  555, 
N.  Y.  Pen.  Code,  §  511);  based  on  Crimes  and  Punishment  Act,  Stats. 
1850,  p.  238,  §  81.  The  code  commissioners  say:  "Extended  to  in- 
clude corporate  and  foreign  seals." 

§  472a.  Penalty  for  signing  false  name  to  petitions. 
Every  person  Avho  subscrilies  to  any  initiative,  referendum 
or  recall  petition  or  to  any  nominating  petition  a  fictitious 
name,  or  who  subscribes  thereto  the  name  of  another,  is 
guilty  of  a  felony  and  is  punishable  by  imprisonment  in  the 
state  prison  for  not  less  than  one  nor  more  than  fourteen 
years. 

Legislation  §  472a.     Added  by  Stats.  1915,  p.  51. 

Note.  This  section  was  added  by  chapter  43  of  the  statutes  of 
1915,  p.  51.     The  title  of  the  act  read,  "An  act  to  add  a  new  section 


215  FORGERY  AND  COUNTERFEITING.  §  475 

to  the  Penal  Code  to  be  numbered  fifty  a."  The  enacting  portion 
of  the  same  act  read,  "There  is  hereby  added  to  the  Penal  Code  a 
new  section  to  be  numbered  section  four  hundred  and  seventy- 
two  a."  To  avoid  the  confusion  liable  to  arise  over  the  difference 
in  the  numbers,  the  section  has  been  inserted  under  both  numbers. 

§  473.  Punishment  of  forg-ery.  Forgery  is  puiiisliable  by 
imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  than  fourteen  years. 

Legislation  §  473.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  237,  §  73.  See  ante,  Legislation 
§470. 

§  474.  Forging-  telegraph  or  telephone  messages.  Every 
person  -who  knowingly  and  Avillfnlly  sends  by  telegraph  or 
telephone  to  any  person  a  false  or  forged  message,  purport- 
ing to  be  from  a  telegraph  or  telephone  office,  or  from  any 
other  person,  or  who  willfully  delivers  or  causes  to  be  de- 
livered to  any  person  any  such  message  falsely  purporting 
to  have  been  received  by  telegraph  or  telephone,  or  Avho 
furnishes,  or  conspires  to  furnish,  or  causes  to  be  furnished 
to  any  agent,  operator,  or  employee,  to  be  sent  by  telegraph 
or  telephone,  or  to  be  delivered,  any  such  message,  knowing 
the  same  to  be  false  or  forged,  with  the  intent  to  deceive,  in- 
jure, or  defraud  another,  is  punishable  by  imprisonment  in 
the  state  prison  not  exceeding  five  years,  or  in  the  county 
jail  not  exceeding  one  year,  or  by  fine  not  exceeding  five 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 
[Amendment  approved  1905 ;  Stats.  1905,  p.  674.] 

Legislation  §  474.     1.  Enacted  February  14,  1872;  based  on  Stats. 

1S62,  p.  288,  §  2. 

2.  Amendment  by  Stats.  1901,  p.  463;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  674,  (1)  adding  "or  telephone"  after 
"telegraph"  in  the  four  instances;  (2)  changing  "such"  to  "a"  be- 
fore "telegraph"  in  the  second  instance;  (3)  adding  "such"  before 
"fine  and  imprisonment,"  at  end  of  section. 

§  475.  Passing'  or  receiving'  forged  notes.  Every  person 
who  has  in  his  possession,  or  receives  from  another  person, 
any  forged  promissory  note  or  bank  Inll,  or  bills,  for  the 
payment  of  money  or  property,  with  the  intention  to  pass 
the  same,  or  to  permit,  cause,  or  procure  the  same  to  be 
uttered  or  passed,  with  the  intention  to  defraud  any  person, 
knowing  the  same  to  be  forged  or  counterfeited,  or  has  or 
keeps  in  his  possession  any  blank  or  unfinished  note  or  bank 
bill  made  in  the  form  or  similitude  of  any  promissory  note 
or  bill  for  payment  of  money  or  property,  made  to  be  is- 
sued by  any  incorporated  bank  or  ])anking  company,  with 
intention  to  fill  up  and  complete  such  l)lank  and  unfinished 


§  47G  PKNAL    CODE.  216 

note  or  l)ill,  or  to  poniiit,  or  cause,  or  procure  tlie  same  to 
be  filled  up  and  completed  in  order  to  utter  or  pass  the 
same,  or  to  permit,  or  cause,  or  procure  the  same  to  be 
uttered  or  passed,  to  defi-aud  any  person,  is  punishable  by 
imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  thnn  fourteen  years. 

Legislation  §  475.  Enacted  February  14,  1872;  leased  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  23S,  §  7C,  which  read:  "§76. 
Every  person  who  shall  have  in  his  possession  or  shall  receive  from 
any  other  person  any  forged  promissory  note  or  notes,  or  bank  bills, 
or  bills  for  the  payment  of  money  or  property,  with  intention  to  pass 
the  same,  or  to  permit,  cause,  or  procure  the  same  to  be  uttered  or 
passed,  with  intention  to  defraud  any  person  or  persons,  body  poli- 
tic or  corporate,  whether  such  person  or  persons,  body  politic  or 
corporate,  reside  in  or  belong  to  this  state  or  not,  knowing  the  same 
to  be  forged  or  counterfeited,  or  shall  have  or  keej)  in  his  possession 
any  blank  or  unfinished  note,  or  blank  bill,  made  in  the  form  or 
similitude  of  any  promissory  note  or  bill  for  payment  of  money  or 
property,  made  to  be  issued  by  any  incorporated  bank  or  banliing 
company,  with  intention  to  fill  up  and  complete  such  blank  and  un- 
finished note  or  bill,  or  to  permit,  or  cause  or  procure  the  same  to  be 
filled  up  and  completed  in  order  to  utter  or  pass  the  same,  or  to  per- 
mit, or  cause,  or  procure  the  same  to  be  uttered  and  passed,  to  de- 
fraud any  person  or  persons,  body  politic  or  corporate,  whether  in 
the  state  or  elsewhere,  shall,  on  conviction  thereof,  be  punished  by 
imprisonment  in  the  state  prison  for  a  term  not  less  than  one,  nor 
more  than  fourteen  years." 

§  476.     Making-,  passing-,  or  uttering-  fictitious  bills,  etc. 

Every  person  Avho  makes,  passes,  utters,  or  publishes,  with 
intention  to  defraud  any  other  person,  or  who,  with  the  like 
intention,  attempts  to  pass,  utter,  or  publish,  or  who  has  in 
his  possession,  Avith  like  intent  to  utter,  pass,  or  publish,  any 
fictitious  bill,  note,  or  check,  purporting  to  be  the  bill,  note, 
or  check,  or  other  instrument  in  writing  for  the  payment  of 
money  or  property  of  some  bank,  corporation,  copartner- 
ship, or  individual,  when,  in  fact,  there  is  no  such  bank,  cor- 
poration, copartnership,  or  individual  in  existence,  knoAving 
the  bill,  note,  check,  or  instrument  in  writing  to  be  fictitious, 
is  punishable  by  imprisonment  in  the  state  prison  for  not 
less  than  one  nor  more  than  fourteen  years. 

Legislation  §  476.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1S50,  p.  238,  §  77,  which  read:  "§  77. 
Every  person  who  shall  make,  pass,  utter,  or  publish,  with  an  inten- 
tion to  defraud  any  other  person  or  persons,  body  politic  or  corpo- 
rate, either  in  this  state  or  elsewhere,  or  with  the  like  intention 
shall  attempt  to  pass,  utter,  or  publish,  or  shall  have  in  his  posses- 
sion, with  like  intent  to  utter,  pass,  or  publish  any  fictitious  bill, 
note,  or  check,  purporting  to  be  the  bill,  note,  or  check,  or  other 
instrument  in  writing  for  the  payment  of  money  or  property  of 
some  bank,  corporation,  copartnership,  or  individual,  when  in  fact 
there  shall  be  no  such  bank,  corporation,  or  copartnership,  or  indi- 
vidual   in    existence,    the    said    person    knowing   the   said   bill,    note, 


217  FORGERY  AND  COUNTERFEITING.  §  478 

check,  or  iustnimcut  in  writing  for  the  payment  of  money  or  prop- 
erty to  be  fictitious,  shall  be  deemed  guilty  of  forgery,  and  on  con- 
viction thereof  shall  be  punished  by  imprisonment  in  the  state  prison 
for  a  term  not  less  than  one,  nor  more  than  fourteen  years." 

§  476a.  Penalty  for  issuing"  bank  check  with  intent  to 
defraud.  Every  person  who,  AvillfuUy,  with  intent  to  de- 
fraud, makes  or  draws,  or  utters,  or  delivers  to  another  per- 
son, any  check  or  draft  on  a  bank,  banker  or  depositary  for 
the  payment  of  money,  Icnowdng  at  the  time  of  sucli  making, 
drawing,  uttering  or  delivery,  that  he  has  not  sufficient 
funds  in,  or  credit  with,  such  bank,  banker  or  depositary, 
to  meet  such  check  or  draft  in  full  upon  its  presentation, 
is  punishable  by  imprisonment  in  the  county  jail  for  not 
more  than  one  year  or  in  the  state  prison  for  not  more  than 
fourteen  years.  The  Avord  "credit"  as  used  herein  shall  be 
construed  to  be  an  arrangement  or  understanding  with  the 
bank  or  depositary  for  the  payment  of  such  check  or  draft. 
[Amendment  approved  1915;  Stats.  1915,  p.  731.] 
Legislation  §  476a.  1.  Added  by  Stats.  1907,  p.  633. 
2.  Amended  by   Stats.  1915,   p.   731.     The   change   consists   in  the 

addition   of   the  words   "in  the   county  jail  for  not  more  than   one 

year  or." 

§  477.  Counterfeiting"  coin,  bullion,  etc.  Every  person 
w^ho  counterfeits  any  of  the  species  of  gold  or  silver  coin 
current  in  this  state,  or  any  kind  of  species  of  gold-dust, 
gold  or  silver  bullion,  or  bars,  lumps,  pieces,  or  nuggets,  or 
who  sells,  passes,  or  gives  in  payment  such  counterfeit  coin, 
dust,  bullion,  bars,  lumps,  pieces,  or  nuggets,  or  permits, 
causes,  or  procures  the  same  to  be  sold,  uttered,  or  passed, 
with  intention  to  defraud  any  person,  knoAving  the  same  to 
be  counterfeited,  is  guilty  of  counterfeiting. 

Legislation  §  477.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  237,  §  74,  which  read:  "§  74. 
Every  person  who  shall  counterfeit  any  of  the  species  of  gold  or 
-silver  coin  now  current,  or  that  shall  hereafter  be  current  in  this 
state,  or  shall  pass  or  give  in  payment  such  counterfeit  coin,  or  per- 
mit, cause,  or  procure  the  same  to  be  uttered  or  passed,  with  inten- 
tion to  defraud  any  person,  body  politic  or  corporate,  knowing  the 
same  to  be  counterfeited,  shall  be  deemed  guilty  of  counterfeiting, 
and  upon  conviction  thereof,  shall  be  punished  by  imprisonment  in 
the  state  prison  for  a  term  not  less  than  one  year,  nor  more  than 
fourteen  years."  The  code  commissioners  say:  "This  section  is 
framed  from  §  74  of  the  Crimes  and  Punishment  Act,  and  is  ex- 
tended to  include  the  kindred  offenses  provided  for  in  §  1  of  the  act 
in  relation  to  counterfeiting  gold-dust,  etc.  (Stats.  1855,  p.  178), 
and  also  to  include  counterfeiting  silver  bars,  etc." 

§  478.  Punishment  of  counterfeiting".  Counterfeiting  is 
punishable  by  imprisonment  in  the  state  prison  for  not  less 
than  one  nor  more  than  fourteen  years. 


§  481  PENAL   CODE.  218 

Legislation  §  i78.     Enacted   Fobruary    14,  1872;   based   on   Crimes 

.-111(1  I'liiiisliiiioiit  Act,  Stats.  1850,  }..  2.38,  §§  7(i,  77;  Sfats.  18.5.1,  p.  178, 
§§  1,  li.     See  ante,  Legislation  §§  47:'),  47(). 

§  479.  Possessing'  or  receiving  counterfeit  coin,  bullion, 
etc.  Eveiy  person  wlio  lias  in  his  possession,  oi-  receives  for 
any  otlier  ])erson,  any  counterfeit  g'^l^l  or  silver  coin  of  the 
species  current  in  tliis  state,  or  any  counterfeit  f^old-dust, 
gold  or  silver  bullion  or  bars,  lumps,  pieces,  or  nuggets, 
with  the  intention  to  sell,  utter,  put  off,  or  pass  the  same,  or 
permits,  causes,  or  procures  the  same  to  be  sold,  uttered,  or 
passed,  with  intention  to  defraud  any  person,  knowing  the 
same  to  be  counterfeit,  is  punishable  ])y  imprisonment  in  the 
state  prison  not  less  than  one  nor  more  than  fourteen  years. 

Legislation  §  479.  Enacted  February  14,  1872  (Field's  Draft, 
§  575,  N.  Y.  Pen.  Code,  §  526);  based  on  Crimes  and  Punishment  Act, 
Stats.  1850,  p.  238,  §75;  Stats.  1855,  p.  178,  §  2.  The  Crimes  and 
Punishment  section  read:  "§  75.  Every  person  who  shall  have  in 
his  possession,  or  receive  for  any  other  person,  any  counterfeit  gold 
or  silver  coin  or  coins  of  the  species  now  current,  or  hereafter  to  be 
current  in  this  state,  with  intention  to  utter  or  pass  the  same,  or 
permit,  cause,  or  procure  the  same  to  be  uttered  or  passed,  with 
intention  to  defraud  any  person  or  persons,  body  politic  or  corpo- 
rate, knowing-  the  same  to  be  counterfeit,  and  being  thereof  duly 
convicted,  shall  be  punished  by  imprisonment  in  the  state  prison  for 
a  term  not  less  than  one  year,  nor  more  than  fourteen  years." 

§  480.     Making"  or  possessing  counterfeit  dies  or  plates. 

Every  person  who  makes,  or  knoAvingly  has  in  his  possession 
any  die,  plate,  or  any  apparatus,  paper,  metal,  machine,  or 
other  thing  whatever,  made  use  of  in  counterfeiting  coin 
current  in  this  state,  or  in  counterfeiting  gold-dust,  gold  or 
silver  bars,  bullion,  lumps,  pieces,  or  nuggets,  or  in  counter- 
feiting bank  notes  or  bills,  is  punishable  by  imprisonment  in 
the  state  prison  not  less  than  one  nor  more  than  fourteen 
years;  and  all  such  dies,  plates,  apparatus,  paper,  metal,  or 
machine,  intended  for  the  puri)ose  aforesaid,  must  be  de- 
stroyed. 

Legislation  §  480.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act.  Stats.  1850,  p.  238,  §  78;  Stats.  1855,  p.  178,  §  1. 
The  Crimes  and  Punishment  section  read:  "§  78.  Every  person  who 
shall  make,  or  knowingly  have  in  his  possession,  any  die  or  dies, 
plate  or  plates,  or  any  apparatus,  paper,  metal,  machine,  or  other 
thing  whatever,  made  use  of  in  counterfeiting  the  coin  now  made 
current,  or  hereafter  to  be  made  current  in  this  state,  or  in  coun- 
terfeiting bank  notes  or  bills,  upon  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  for  a  term  not  less  than 
one,  nor  more  than  fourteen  years;  and  all  such  dies,  plates,  ap- 
paratus, paper,  metal,  or  machine,  intended  for  the  purpose  afore- 
said, shall  be  destroyed." 

§  481.      Counterfeiting    railroad    or    steamship    tickets. 

Every  person  who  counterfeits,  forges,  or  alters  any  ticket, 


219  roRGERY  AND  COUNTERFEITING.  §  482 

check,  order,  coupon,  receipt  for  fare,  or  pass,  issued  by  any 
railroad  or  steamship  conipauy,  or  by  any  lessee  or  manager 
thereof,  desig-ned  to  entitle  the  holder  to  ride  in  the  cars  or 
vessels  of  such  company,  or  who  utters,  publishes,  or  puts 
into  circulation,  any  such  counterfeit  or  altered  ticket, 
cheek,  or  order,  coupon,  receipt  for  fare,  or  pass,  with  intent 
to  defraud  any  such  railroad  or  steamship  company,  or  any 
lessee  thereof,  or  any  other  person,  is  punishable  by  im- 
prisonment in  the  state  prison,  or  in  the  county  jail,  not  ex- 
ceeding one  year,  or  by  fine  not  exceeding  one  thousand 
dollars,  or  by  both  such  imprisonment  and  fine.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  675.] 

Legislation  §  481.     1.  Added  by  Code  Amdts.  1873-74,  p.  433. 

2.  Amendment  by  Stats.  1901,  p.  463;  uueonstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  67d,  adding  (1)  "or  steamship" 
after  "railroad"  in  both  instances,  and  (2)  "or  vessels"  after  "ears." 

§  482.     Restoring'  canceled  railroad  or  steamship  tickets. 

Every  person  who,  for  the  purpose  of  restoring  to  its  origi- 
nal appearance  and  nominal  value  in  Avhole  or  in  part,  re- 
moves, conceals,  fills  up,  or  obliterates,  the  cuts,  marks, 
punch-holes,  or  other  evidence  of  cancellation,  from  any 
ticket,  check,  order,  coupon,  receipt  for  fare,  or  pass,  issued 
by  any  railroad  or  steamship  company,  or  any  lessee  or 
manager  thereof,  canceled  in  whole  or  in  part,  with  intent 
to  dispose  of  by  sale  or  gift,  or  to  circulate  the  same,  or  with 
intent  to  defraud  the  railroad  or  steamship  company,  or 
lessee  thereof,  or  any  other  person,  or  who,  with  like  intent 
to  defraud,  offers  for  sale,  or  in  payment  of  fare  on  the  rail- 
road or  vessel  of  the  company,  such  ticket,  check,  order, 
coupon,  or  pass,  knowing  the  same  to  have  been  so  restored, 
in  Avhole  or  in  part,  is  iiunishal)le  by  imprisonment  in  the 
county  jail  not  exceeding  six  months,  or  by  a  fine  not  exceed- 
ing one  thousand  dollars,  or  by  both  such  imprisonment  and 
fine.  [Amendment  approved  1905;  Stats.  1905,  p.  675.] 
Legislation  §  482,     1.  Added  by  Code  Amdts.  1873-74,  p.  433. 

2.  Amendment  by  Stats.  1901,  p.  463;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  675,  adding  (1)  "or  steamship" 
after  "railroad"  in  both  instances,  and  (2)  "or  vessel"  after  "fare 
on  the  railroad." 


§  485  PENAL   CODE.  220 

CilAlTKU  V. 

Larceny. 

§  48-1.     "Larceny"  defined. 

§  485.     Larceny  of  lost  property. 

S  486.     Grand  and  petit  larceny. 

S  487.     Grand   larcen3-   defined. 

§  488.     Petit  larceny. 

§  489.     Punishment  of  grand  larceny. 

§  490.     Punishment  of  petit  larceny. 

§  491.     Dogs   are    personal    property. 

§  492.     Larceny  of  written  instruments. 

S  493.     Value   of   passage  tickets. 

§  494.     Written  instruments  completed  but  not  delivered. 

§  495.     Severing  and  removing  part  of  the  realty  declared  larceny. 

§  49n.     Buying   or   receiving  stolen   goods.     Presumptive   evidence. 

§  497.     Larceny.     Eeceiving  property  stolen  in  another  state. 

§  498.     Injuries  to  gas  service-pipes. 

§  499.     Stealing  water. 

§  499a.  Stealing  electricity   a   misdemeanor. 

§  499b.  Taking  motor  vehicle,  bicycle,  etc.,  temporarily,  a  misde- 
meanor. 

§  499e.  Unlawful  use  of  automobiles. 

§  500.     Larceny  of  goods  saved  from  fire  in   San  Francisco. 

§  501.     Purchasing  or  receiving  in   pledge   junk,   etc. 

§  502.  Applies  sections  339,  342,  and  343  to  junk  dealers,  etc.  [Re- 
pealed.] 

§  502i.  Eemoval  of  improvements  from  mortgaged  real  property  is 
larceny. 

§  484.  "Larceny"  defined.  Larceny  is  the  felonious 
stealing,  taking,  carrying,  leading,  or  driving  away  the 
personal  property  of  another. 

Embezzlement:  Post.  §  503  ct  seq. 

Act  to  more  fully  define  larceny:   See  post,  Appendix,  tit.  "Lar- 
ceny." 
Act  to   punish  stealing  gold-dust,   amalgam,   or  quicksilver:  See 

post,  Appendix,  tit.  "Larceny." 

Legislation  §  484.  Enacted  February  14,  1872  (Field's  Draft, 
§  584,  ISr.  Y.  Pen.  Code,  §  528) ;  based  on  Crimes  and  Punishment  Act. 
§§60,  61,  as  amended  by  Stats.  1856,  p.  220,  §§  7,  8,  which  read: 
"§  60.  Every  person  who  shall  feloniously  steal,  take  and  carry 
away,  lead,  or  drive  away,  the  personal  goods  or  property  of  an- 
other, of  the  value  of  fifty  dollars,  or  more,  shall  be  deemed  guilty 
of  grand  larceny,  and,  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  any  term  not  less  than  one 
year,  nor  more  than  fourteen  years.  §'61.  Every  person  who  shall 
feloniously  steal,  take'  and  carry,  lead,  or  drive  away,  the  personal 
goods,  or  property  of  another,  under  the  value  of  fifty  dollars,  shall 
be  deemed  guilty  of  petit  larceny,  and,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  county  jail  not  more  than 
six  months,  or  by  fine  not  exceeding  five  hundred  dollars,  or  by  such 
fine  and  imprisonment  " 

§  485.  Larceny  of  lost  property.  One  who  finds  lost 
property  under  circumstances  which  give  him  knowledge  of 


221  LARCENY.  §  488 

or  means  of  inquiry  as  to  the  true  o-wner,  and  who  appro- 
priates such  property  to  his  own  use,  or  to  the  use  of  another 
person  not  entitled  thereto,  without  first  making  reasonable 
and  just  efforts  to  find  the  owner  and  restore  the  property 
to  him,  is  guilty  of  larceny. 

Lost  and  unclaimed  property:  See  Pol.  Code,  §§  3136-3157;  Civ. 
Code,  §§  1S64-1S72. 

Legislation  §  485.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  585,  N.  Y.  Pen.  Code,  §  539. 

§  486.  Grand  and  petit  larceny.  Larceny  is  divided  into 
two  degrees,  the  first  of  which  is  termed  grand  larceny ;  the 
second,  petit  larceny. 

Legislation  §  486.     Enacted    February    14,    1872     (identical    witli 

Field's  Draft,  §  586) ;  based  on  Crimes  and  Punishment  Act,  Stats. 

1850,  p.  235,  §§  60,  61.     See  ante.  Legislation  §  484. 

§  487.  Grand  larceny  defined.  Grand  larceny  is  larceny 
committed  in  either  of  the  following  cases : 

1.  When  the  property  taken  is  of  a  value  exceeding  fifty 
dollars. 

2.  When  the  property  is  taken  from  the  person  of 
another. 

3.  When  the  property  taken  is  a  horse,  mare,  gelding, 
cow,  steer,  bull,  calf,  mule,  jack  or  jenny.  [Amendment 
approved  1907;  Stats.   1907,  p.   113.] 

Larceny,  defined:  See  ante,  §  484. 

Stealing  of  gold-dust,  amalgam,  quicksilver,  etc.,  is  grand  larceny: 

See  post.  Appendix,  tit.  "Larceny." 

Legislation  §  487.  1.  Enacted  February  14,  1872  (Field's  Draft, 
§587,  N.  Y.  Pen.  Code,  §  530) ;  based  on  Crimes  and  Punishment 
Act,  Stats.  1850,  p.  235,  §  60;  Stats.  1856,  p.  220,  §  7;  Stats.  1867-68, 
p.  461,  §  1;  Stats.  1869-70,  p.  777,  §  1.     See  ante.  Legislation  §  484. 

2.  Amended  by  Stats.  1895,  p.  35,  in  subd.  3,  omitting  "goat, 
sheep,  or  hog"  from  end  of  subdivision;  the  section  then  reading  as 
the  amendment  of  1907  (the  present  section). 

3.  Amended  by  Stats.  1901,  p.  290,  in  subd.  3,  adding  "bicycle" 
before  "horse." 

4.  Amendment  by  Stats.  1901,  p.  464;  unconstitutional.  See  note, 
§  5,  ante. 

5.  Amended  by  Stats.  1907,  p.  113,  in  subd.  3,  omitting  "bicycle" 
before  "horse";  the  section  now  reading  as  the  amendment  of  1895. 

§  488.  Petit  larceny.  Larceny  in  other  cases  is  petit 
larceny. 

Jurisdiction  of  police  coiu't:  See  Pol.  Code,  §  4426. 
Legislation  §  488.     Enacted    February    14,    1872;     identical    with 
Field's  Draft,  §  5SS,  and  N.  Y.  Pen.  Code,  §  532;  based  on  Crimes  and 
Punishment   Act,  §  61,  as   amended   by  Stats.   1856,  p.   220,  §  8.     See 
ante,  Legislation  §  484. 


§  493  PENAL    CODE.  222 

§489.  Punishment  of  grand  larceny.  (Iraiid  larceny  is 
puiiisliahic  by  iiiipi'i.soiuuciit  in  the  slate  pi'isou  i'or  not  less 
Ilia  11  one  nor  more  than  ten  years. 

Legislation  §  489.  Enacted  Fchniary  14,  1872  (Field's  Draft, 
§  ."iSfl,  N.  Y.  I'en.  Code,  §  5o3) ;  based  on  Crimes  and  Piinisiunent  Act, 
§  60,  as  amended  by  Stats.  1856,  p.  220,  §  7.  See  ante,  Legislation 
§§460,484. 

§490.  Punishment  of  petit  larceny.  Petit  lai-ceny  is 
punishable  by  fine  not  (^xeeediny  li\'e  luiiulred  dollars,  or  by 
iniprisonnient  in  the  county  jail  not  exceeding  six  months,  or 
both. 

Legislation  §  490.  Enacted  February  14,  1872  (Field's  Draft, 
§  590,  N.  Y.  Pen.  Code,  §  535) ;  based  on  Crimes  and  Punishment  Act, 
§  61,  as  amended  by  Stats.  1856,  p.  220,  §  8.  See  ante,  Legislation 
§484. 

§  491.  Dogs  are  personal  property.  Dogs  are  personal 
property,  and  their  value  is  to  be  ascertained  in  the  same 
manner  as  the  value  of  other  property.  [Amendment  ap- 
proved 1887;  Stats.  1887,  p.  131.] 

Malicious  injury  to  animal:  Post,  §  597. 

Legislation  §  491.     1.  Enacted  February  14,  1872  (based  on  Stats. 
1860,  p.  70,  §  1),  and  then  read:  "Dogs  are  property,  and  of  the  value 
of  one  dollar  each,  within  the  meaning  of  the  terms  'property'  and 
'value,'  as  used  in  this  chapter." 
2.  Amended  by  Stats.  1887,  p.  131. 

§  492.  Larceny  of  written  instruments.  If  the  thing 
stolen  consists  of  any  evidence  of  debt,  or  other  Avritten  in- 
strument, the  amount  of  money  due  thereupon,  or  secured 
to  be  paid  thereby,  and  remaining  unsatisfied,  or  "which  in 
any  contingency  might  be  collected  thereon,  or  the  value  of 
the  property  the  title  to  which  is  shown  thereby,  or  the  sum 
which  might  be  recovered  in  the  absence  thereof,  is  the  value 
of  the  thing  stolen. 

Larceny  of  written  instruments:  See  post,  §  494.. 
Legislation  §  492.     Enacted   February    14,    1872;    almost   identical 
with  Field's  Draft,  §  593,  N.  Y.  Pen.  Code,  §545;   Crimes  and  Pun- 
ishment Act,  §  62,  as  amended  by  Stats.  1856,  p.  220,  §  9. 

§  493.  Value  of  passage  tickets.  If  the  thing  stolen  is 
any  ticket  or  other  paper  or  writing  entitling  or  purporting 
to  entitle  the  holder  or  proprietor  thereof  to  a  passage  upon 
any  railroad  or  vessel  or  other  public  conveyance,  the  price 
at  which  tickets  entitling  a  person  to  a  like  passage  are 
usually  sold  by  the  proprietors  of  such  conveyance  is  the 
value  of  such  ticket,  paper,  or  writing. 

Legislation  §  493.     Enacted   February   14,   1872;   based   on   Field's 

Draft,  §  594,  N.  Y^  Pen.  Code,  §  546. 


223  LARCENY.  §  496 

§  494.     Written  instruments  completed  but  not  delivered. 

All  the  provisions  of  this  chapter  apply  where  the  property 
taken  is  an  instrument  for  the  payment  of  money,  evidence 
of  debt,  public  security,  or  passage  ticket,  completed  and 
read}'  to  be  issued  or  delivered,  although  the  same  has  never 
been  issued  or  delivered  by  the  makers  thereof  to  any  person 
as  a  purchaser  or  owner. 

Embezzlement  of  evidence  of  debt:  Post,  §  510. 
Larceny  of  written  instruments:   See  ante,  §  492. 
Legislation  §  494.     Enacted   February   14,    1872;    almost   identical 
with  Field's  Draft,  §  595,  N.  Y.  Pen.  Code,  §  536. 

§  495.  Severing  and  removing-  part  of  the  realty  declared 
larceny.  The  provisions  of  this  chapter  apply  where  the 
thing  taken  is  any  fixture  or  part  of  the  realty,  and  is 
severed  at  the  time  of  the  taking,  in  the  same  manner  as  if 
the  thing  had  been  severed  by  another  person  at  some  pre- 
vious time. 

Act  to  punish  stealing  from  mining  claim,  etc.:  See  post,  Appen- 
dix,  tit.   "Larceny." 

Severing  personalty  from  realty:  See  post,  Appendix,  tit.  "Lar- 
ceny." 

Legislation  §  495.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  596,  X.  Y.  Pen.  Code,  §  537. 

§  496.  Buying  or  receiving  stolen  goods.  Presumptive 
evidence.  Every  person  who  for  his  own  gain,  or  to  prevent 
the  owner  from  again  possessing  his  property,  buys  or  re- 
ceives any  personal  property,  knowing  the  same  to  have  been 
stolen ;  or  any  person  who  having  bought  or  received  stolen 
personal  property,  who  after  having  been  informed  that  said 
property  then  in  his  possession  is  stolen  property,  and  after 
a  demand,  in  writing,  for  the  delivery  of  same  has  been  made 
upon  him  by  the  owner  of  said  stolen  property,  or  a  peace- 
officer,  within  three  months  after  he  bought  or  received  the 
same,  secretes  said  property,  or  gives,  sells,  conveys  or  trans- 
fers said  stolen  property  to  another  person  not  entitled 
thereto,  Avith  intent  to  prevent  the  owner  from  again  pos- 
sessing his  property,  is  punishable  by  imprisonment  in  the 
state  prison  not  exceeding  five  years,  or  in  the  county  jail 
not  exceeding  six  months,  and  it  shall  be  presumptive  evi- 
dence that  such  property  was  stolen,  if  the  same  was  pur- 
chased or  received  from  a  person  under  the  age  of  eighteen 
years,  unless  such  property  w^as  sold  by  such  minor  at  a 
"fixed  place  of  business  carried  on  by  such  minor  or  his 
emplover.  [Amendment  approved  1907 ;  Stats.  1907,  p. 
301.]  " 

Legislation  §  496.     1.  Enacted  February  14,  1872;  based  on  Crimes 

and  Punishment  Act,  Stats.   1850,  p.   236,  §  63.     The   code  commis- 


§  498  PENAL    CODE.  224 

sioneis  say:  "This  is  founded  upon  §  6.3  of  tlie  Crimes  and  Punish- 
ment Act  (Stats.  1850,  p.  229),  which  contains  a  provision  that 
'every  such  person  may  be  tried,  convicted  and  punished,  as  well 
before  as  after  the  trial  of  his  principal.'  This  provision  is  trans- 
ferred to  the  Criminal  Procedure  Act."  When  enacted  in  1872,  §  496 
read:  "Every  person  who,  for  his  own  gain,  or  to  prevent  the  owner 
from  again  possessing  his  property,  buys  or  receives  any  personal 
property,  knowing  tlie  same  to  have  been  stolen,  is  punishable  by 
imprisonment  in  the  state  prison  not  exceeding  five  years,  or  in  the 
county  jail  not  exceeding  six  months,  or  by  both." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  464,  adding  a  clause  at 
end  of  original  code  section,  reading,  "and  it  shall  be  presumptive 
evidence  that  such  propertj'  was  stolen,  if  the  same  consists  of 
jewelry,  silver,  or  plated  ware,  or  articles  of  personal  ornament,  if 
purchased  or  received  from  a  person  under  the  age  of  eighteen, 
unless  such  property  is  sold  by  said  minor  at  a  fixed  place  of  busi- 
ness carried  on  by  said  minor  or  his  employer." 

3.  Amendment  by  Stats.  1901,  p.  4Ij4;  uuconslif utional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  718,  (1)  omitting  the  words  "or 
by  both,"  the  final  words  of  the  original  code  section;  (2)  in  the 
addition  of  1873-74,  (a)  adding  the  word  "years"  after  "age  of 
eighteen,"  and  (b)  changing  "said  minor"  to  "such  minor"  in  both 
instances;  the  code  commissioner  saying,  "The  change  consists  in 
the  omission  of  the  words  'or  both'  after  'months.'  Obviously  it 
was  not  the  intention  of  the  legislature  that  the  same  offense  should 
be  punishable  by  imprisonment  in  both  the  state  prison  and  the 
county  jail." 

5.  Amended  by  Stats.  1907,  p.  301. 

§  497.  Larceny.  Receiving-  property  stolen  in  another 
state.  Every  person  who,  in  another  state  or  country  steals 
or  embezzles  the  property  of  another,  or  receives  such  prop- 
erty knowing  it  to  have  been  stolen  or  embezzled,  and  brings 
the  same  into  this  state,  may  be  convicted  and  punished  in 
the  same  manner  as  if  such  larceny,  or  embezzlement,  or 
receiving,  had  been  committed  in  this  state.  [Amendment 
approved  1905;  Stats.  1905,  p.  718.] 

Bringing  stolen  property  into  state:   See  ante,  §  27;  post,  §  789. 
Legislation  §  497.     1.  Enacted  February  14,  1872;  based  on  Field's 

Draft,  §  600. 

2.  Amendment  by  Stats.  1901,  p.  464;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  718,  adding  the  words  "or  em- 
bezzles," "or  embezzled,"  and  "or  embezzlement";  the  code  commis- 
sioner saying  of  the  additions,  "The  object  of  the  amendment  is  to 
enlarge  the  scope  of  the  section  to  include  cases  of  embezzlement." 

§  498.  Injuries  to  gas  service-pipes.  Every  person  who 
shall  willfully,  with  intent  to  injure  or  defraud,  make  or 
cause  to  be  made,  or  uses  or  causes  to  be  used,  any  pipe, 
tube,  or  other  instrument  or  conduit  in  connection  with  any 
main,  service-pipe  or  other  pipe  or  conduit  owned  or  con- 
trolled by  any  other  person  for  conducting  or  supplying 


225  LARCENY.  §  49ya 

illuminating  or  fuel  gas,  in  such  manner  as  to  supply  such 
or  any  illuminating  or  fuel  gas  to  any  burner,  or  outlet  by 
or  at  which  illuminating  or  fuel  gas  is  consumed  or  other- 
wise used  or  wasted  without  passing  through  any  meter 
provided  for  the  measuring  and  registering  the  quantity  of 
gas  passing  through  such  pipes,  tubes  or  other  conduits,  or 
willfully  acts  in  any  other  manner  so  as  to  evade,  or  cause 
the  evasion  of  payment  therefor,  and  every  person  who,  Avith 
like  intent,  injures  or  alters  any  gas  meter  or  register,  or 
obstructs  its  action,  is  guiltv  of  a  misdemeanor.  [Amend- 
ment approved  1909;  Stats.  1909,  p.  329.] 

Legislation  §  i98.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  599,  N.  Y.  Pen.  Code,  §  651;  Stats.  1859,  p.  309,  §§  1,  2),  and 
then  read:  "Every  person  who,  with  intent  to  injure  or  defraud, 
makes  or  causes  to  be  made  any  pipe,  tube,  or  other  instrument, 
and  connects  the  same,  or  causes  it  to  be  connected,  with  any  main, 
service-pipe,  or  other  pipe  for  conducting  or  supplying  illuminating- 
gas,  in  such  manner  as  to  supply  illuminating-gas  to  any  burner  or 
orifice,  by  or  at  which  illuminating-gas  is  consumed,  around  or  with- 
out passing  through  the  meter  provided  for  the  measuring  and  regis- 
tering the  quantity  consumed,  or  in  an}^  other  manner  so  as  to  evade 
payment  therefor,  and  every  person  who,  with  like  intent,  injures  or 
alters  any  gas-meter  or  obstructs  its  action,  is  guilty  of  a  misde- 
meanor." 

2.  Amendment  by  Stats.  1901,  p.  464;  unconstitutional.  See  note, 
§  o,  ante. 

3.  Amended  by  Stats.  1909,  p.  :^29. 

§  499.  Stealing-  water.  Every  person  Avho,  with  intent  to 
injure  or  defraud,  connects  or  causes  to  be  connected,  any 
pipe,  tube,  or  other  instrument,  Avith  any  main,  service- 
pipe,  or  other  pipe,  or  conduit  or  flinne  for  conducting  water, 
for  the  purpose  of  taking  water  from  such  main,  service- 
pipe,  conduit  or  flume,  without  the  knowledge  of  the  owner 
thereof,  and  with  intent  to  evade  payment  therefor,  is  guilty 
of  a  misdemeanoi'. 

Taking  water  from  canal,  flume,  etc.:  See  post,  §  592. 
Legislation  §  499.     Enacted  Februarv  14,  1872   (N.  Y.  Pen.  Code, 

§  651a);  based  on  Stats.  1861,  p.  533,  §§  1,  2,  3. 

§  499a.  Stealing  electricity  a  misdemeanor.  Every  per- 
son Avho,  Avith  intent  to  injure  or  defraud,  shall  unlaAvfully 
connect,  or  procure  another  to  connect,  Avith  any  electric 
apparatus  or  any  electric  Avire,  operated  by  any  person,  per- 
sons or  corporation  authorized  to  generate,  transmit,  and 
sell  electric  current,  Avithout  the  knoAvledge  and  consent  of 
such  person,  persons,  or  corporation  operating  such  ap- 
paratus or  Avires,  for  the  purpose  of  appropriating  electric 
current  for  light,  poAver,  heat,  or  other  use,  and  to  evade 
payment  therefor,  or  AA^ho  shall,  Avith  like  intent,  injure  or 

Pen.  Code — 15 


§  502  PENAL    CODE.  226 

alter,  or  Avho  shall  procure  to  bo  injured  or  altered,  any 
electric  meter  or  obstruct  its  working,  or  who  shall  procure 
the  same  to  be  maliciously  tampered  with  and  injured,  shall 
be  deonKul  guilty  of  a  misdemeanor. 

Legislation  §  ■499a.     Added  by  Stnts.  1901,  p.  20. 

§  499b.  Taking  motor  vehicle,  bicycle,  etc.,  temporarily,  a 
misdemeanor.  •  Any  person  who  shall,  without  the  permis- 
sion of  tlie  OM'ner  thereof,  take  any  autoiiio])ile,  bicycle, 
motorcycle,  or  other  vehicle,  for  the  purpose  of  temporarily 
using  or  operating  the  same,  shall  be  deemed  guilty  of  n 
misdemeanor,  and  upon  conviction  thereof,  shall  be  punished 
by  a  fine  not  exceeding  two  hundred  dollars,  or  by  imprison- 
ment not  exceeding  three  months,  or  by  both  such  fine  and 
imprisonment. 

Legislation  §  499b.     Added  by  Stats.  1905,  p.  184. 

§  499c.  Unlawful  use  of  automobiles.  Every  owner  or 
manager  of  an  putnmobile-garage,  or  any  agent  or  employee 
of  such  owner  or  manager,  or  any  other  person,  having  the 
care,  custodv  or  possession  of  any  automobile,  who  takes, 
hires,  runs,  drives  or  uses  such  automobile,  or  who  takes  or 
removes  therefrom  anv  part  thereof,  Avithout  the  owner's 
consent,  is  nunishable  by  a  fine  not  exceeding  one  thousand 
dollars,  or  bv  imprisonment  in  the  county  jail  not  exceeding 
one  year  or  by  both  such  fine  and  imprisonment. 
Legislation  §  499c.     Added  by  Stats.  1909,  p.  .^90. 

§  500.     Larce-ny  of  goods  .«!aved  from  fire  in  San  Francisco. 

Every  person  who,  in  the  city  and  countv  of  San  Francisco, 
saves  from  fire  or  from  a  building  endangered  by  fire,  any 
pronertv,  and  for  two  days  thereafter  corruptly  neglects  to 
notifv  the  owner  or  fire  marshal  thereof,  is  punishable  by 
imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  than  ten  years. 

Ptoperty  rescued  from  fire:  See  Pol.  Code,  §  3343. 

Legislation  §  500.     1.  Ennfted  Febniavy  14.  1872. 

2.  Amendment  by  Stats.  1901,  p.  464;  nneonstitutional.  See  note, 
§  5,  ante. 

§  501.      Purchasing-   or   receivinff   in   pledge    junk,    etc. 

Every  person  Avho  purchases  or  receives  in  pledge  or  by  way 
of  mortgage,  from  any  person  under  the  age  of  sixteen  yenrs, 
any  junk,  metal,  mechanical  tools,  or  implements,  is  guilty 
of  a  misdemeanor. 

Legislation  §  501.     Added  by  Stats.  1871-72,  p.  084. 

§  502.  Applies  §§  339,  342,  and  343  to  junk  dealers,  etc. 
[Repealed  1901;  Stats.  1901,  p.  75.] 


227  EMBEZZLEMENT.  §  5021/^ 

Legislation  §  502.     1.  Added   by   Stats.   1871-72,   p.   684. 

2.  Ecpealcd  by  Stats.-  1901,  p.  75,  the  sectiou  being  added  as  a 
new  section,  numbered  344;  q.  v.,  ante. 

3.  Eepeal  by  Stats.  1901,  p.  465;  unconstitutional.  See  note,  §  5, 
ante. 

§  502i/'2.  Removal  of  improvements  from  mortgaged  real 
property  is  larceny.  Every  person  Avho,  after  mortgaging 
any  real  property,  and  during  the  existence  of  such  mort- 
gage, or  after  such  mortgaged  property  shall  have  been  sold 
under  an  order  and  decree  of  foreclosure,  and  with  intent 
to  defraud  or  injure  the  mortgagee,  his  representatives,  suc- 
cessors, or  assigns,  or  the  purchaser  of  such  mortgaged 
premiums  at  such  foreclosure  sale,  his  representatives  or 
assigns,  takes,  removes,  or  carries  away  from  such  mort- 
gaged premises,  or  otherwise  disposes  of,  or  permits  the 
taking,  removing,  or  carrying  away,  or  otherwise  disposing 
of,  any  house,  barn,  windmill,  or  water-tank,  upon  or  affixed 
to  such  premises  as  an  improvement  thereon,  without  the 
written  consent  of  the  mortgagee,  his  representatives,  suc- 
cessors, or  assigns,  or  the  purchaser  at  such  foreclosure  sale, 
his  representatives  or  assigns,  is  guilty  of  larceny,  and  shall 
be  punished  accordingly. 

Removing  mortgaged  personal  property:   See  post,  §  538. 

Legislation  §  5021/2.     1.  Added  by  Stats.  1895,  p.  77. 

2.  Amendment  by  Stats.  1901,  p.  465,  merely  changing  the  section 
number  to  502;  unconstitutional.     See  note,  §  5,  ante. 

CHAPTER  VI. 
Embezzlement. 

§  503.     "Embezzlement"  defined. 

§  504.     When   otficers  of  state   or  any  association  guilty   of   embezzle- 
ment. 

§  505.     When  carrier  or  other  person  having  property  for  transporta- 
tion,  for  hire,   guilty   of   embezzlement. 

§  506.     When  contractor,  etc.,  guilty  of  embezzlement. 

5  507.     When   bailee,  tenant,  or  lodger  guilty   of  embezzlement. 

§  508.     When  clerk,  agent,  or  servant  guilty  of  embezzlement. 

§  509.     Distinct   act  of  taking. 

§  510.     Evidence    of   debt   undelivered    may    be    subject    of    embezzle- 
ment. 

§511.     Claim  of  title  a  ground  of  defense.- 

§  512.     Intent  to  restore  property. 

§  513.     Actual  restoration  a  ground  for  mitigation   of  punishment. 

§  514.     Punishment. 

Code  commissioners'  note  to  Chapter  VL  "This  chapter  is  a  con- 
siderable extension  of  our  existing  law  relating  to  embezzlement. 
(§§  66,  71.  and  72  of  the  Crimes  and  Punishment  Act  of  1S50;  Stats. 
1850,  p.  229,  and  §  70  of  same  act  as  amended,  Stats.  1864,  v.  40.)  It 
is  taken  from  the  chapter  of  the  New  York  Penal  Code  [Field's 
Draft]'  on  the  same  subject,  pp.  217  et  seq." 


§  506  PENAL    CODE.  228 

§503.  ''Embezzlement"  defined.  Knilxz/lciiiciil  is  the 
i'raiululoiit  ap])i'opriatiuii  oT  jtrojxTty  hy  a  person  to  wlioni 
it  has  been  intrusted. 

Officers  neglecting  to  pay  over  public  moneys:  Soo  ante,  §  42o. 
Legislation  §  503.      Knactcil     ]'(>briuirv    H,     1872;     identical    with 
Field's  Dim  it,  §  (iOl. 

§  504.  When  officers  of  state  or  any  association  guilty  of 
embezzlement.  l*]\ery  ofCicer  ol"  lliis  state,  or  of  any  county, 
city,  city  and  county,  or  other  municipal  corporation  or  sub- 
division thereof,  and  every  deputy,  clerk,  or  servant  of  any 
such  officer,  and  every  officer,  director,  trustee,  clerk,  ser- 
vant, or  agent  of  any  association,  society,  or  corporation 
(})ii1)lie  or  private),  who  fraudulently  appropriates  to  any 
use  or  purpose  not  in  the  due  and  lawful  execution  of  his 
trust,  any  property  Avhich  he  has  in  his  possession  or  under 
his  control  by  virtue  of  his  trust,  or  secretes  it  with  a  fraudu- 
lent intent  to  appropriate  it  to  such  use  or  purpose,  is  guilty 
of  embezzlement.  [Amendment  approved  1880;  Code 
Amdts.  18S0,  p.  8.] 

Public  moneys:  See  ante,  §424;  post,  §  514. 

Legislation  §  504.     1.  Enacted  February  14,  1872  (almost  identical 
witii  Field's  Draft,  §  602),  the  section  then  beginning  with  the  words 
"Every  officer,  director,"  the  beginning  of  the  present  section,  up 
to  the  words  "such  officer,  and,"  being  added  in  1880. 
2.   Amended  by  Code  Amdts.  1880,  p.  8. 

§  505.  When  carrier  or  other  person  having-  property  for 
transportation,  for  hire,  guilty  of  embezzlement.  Every 
carrier  or  other  person  having  under  his  control  personal 
property  for  the  purpose  of  transportation  for  hire,  who 
fraudulently  appropriates  it  to  any  use  or  purpose  incon- 
sistent with  the  safe-keeping  of  such  property  and  its  trans- 
portation according  to  his  trust,  is  guilty  of  embezzlement, 
whether  he  has  broken  the  package  in  which  such  property 
is  contained,  or  has  otherwise  separated  the  items  thereof,  or 
not. 

Legislation  §  505.     Enacted   February   14,    1872;    almost   identical 

with  Field's  Draft,  §  603. 

§  506.     When   contractor,   etc.,   guilty   of  embezzlement. 

Every  trustee,  banker,  merchant,  broker,  attorney,  agent, 
assignee  in  trust,  executor,  administrator,  or  collector,  or 
person  otherwise  intrusted  with  or  having  in  his  control 
property  for  the  use  of  any  other  person,  who  fraudulently 
appropriates  it  to  any  use  or  purpose  not  in  the  due  and 
laAvful  execution  of  his  trust,  or  secretes  it  Avith  a  fraudulent 
intent  to  appropriate  it  to  such  use  or  purpose,  and  any 


229  EMBEZZLEMENT.  §  511 

contractor  wlio  appropriates  money  paid  to  hiui  for  any  use 
or  purpose,  other  than  for  that  which  he  received  it,  is  guilty 
of  embezzlement.  [Amendment  approved  1907;  Stats.  1907, 
p.  892.] 

Legislation  §  506.     1.  Euaoted  Ffbruary  14,  1872. 
2.  Amended  by   Stats.   1907,  ,p.   892,   adding  "and   any   contractor 
who  appropriates  moncj^  paid  to  him  for  any  use  or  purpose,  other 
than  for  that  whicli  he  received  it." 

§  507.  When  bailee,  tenant,  or  lodger  guilty  of  embezzle- 
ment. Every  person  intrusted  with  any  property  as  l^ailee, 
tenant,  or  lodger,  or  with  any  power  of  attorney  for  the 
sale  or  transfer  thereof,  who  fraudulently  converts  the  same 
or  the  proceeds  thereof  to  his  own  use,  or  secretes  it  or  them 
with  a  fraudulent  inteut  to  convert  to  his  own  use,  is  guilty 
of  embezzlement. 

Legislation  §  507.     Enacted    Februarv    14,    1872;    almost    identical 

with  Field's  Draft,  §  605. 

§  508.  When  clerk,  agent,  or  servant  guilty  of  embezzle- 
ment. Every  clerk,  agent,  or  servant  of  auy  person  Avho 
fraudulently  appropriates  to  his  own  use,  or  secretes  with  a 
fraudulent  intent  to  appropriate  to  his  own  use,  any  prop- 
erty of  another  which  has  come  into  his  control  or  care  by 
virtue  of  his  employment  as  such  clerk,  agent,  or  servant,  is 
guilty  of  embezzlement. 

Legislation  §  508.     Enacted   Februarv   14,   1872;   based   on   Field's 

Draft,  §  60(3. 

§  509.  Distinct  act  of  taking.  A  distinct  act  of  taking  is 
not  necessary  to  constitute  embezzlement. 

Embezzlement  and  larceny  distinguished:  See  ante,  §§  484,  503. 
Legislation  §  509.     Enacted  February  14,  1872;  identical  with  first 
clause  of  Field's  Draft,  §  607. 

§  510.  Evidence  of  debt  undelivered  may  be  subject  of 
embezzlement.  Any  evidence  of  debt,  negotiable  by  de- 
livery only,  and  actually  executed,  is  the  subject  of  em- 
bezzlement, whether  it  has  been  delivered  or  issued  as  a  valid 
instrument  or  not. 

Written  instruments  completed,  but  not  delivered:  See  also,  ante, 
§494. 

Legislation  §  510.     Enacted   February    14,   1872;    almost   identical 
with  Field's  Draft,  §  608. 

§  511.  Claim  of  title  a  ground  of  defense.  Upon  any  in- 
dictment for  embezzlement,  it  is  a  sufficient  defense  that  the 
property  was  appropriated  openly  and  avoAvedly,  and  under 
a  claim  of  title  preferred  in  good  faith,  even  though  such 
claim  is  untenable.     But  this  provision  does  not  excuse  the 


§  r)14  PENAL   CODE.  230 

viiilau-ful  retention  of  the  propcrlN-  of  iuiollior  1o  ofTset  or 
pay  demands  held  against  him. 

Legislation  §  511.  KnactPil  I'diruaiv  11,  1872;  Jilmo.st  idf'iitical 
with  Fic'l.l's  Draft,  §  HOH. 

§  512.  Intent  to  restore  property.  Tlie  iaet  tliat  the  ae- 
cnsed  intended  to  restoi'e  tlie  property  cmbez/Jed,  is  no  oi'ound 
of  defense  or  mitif^ation  of  punishment,  if  it  has  not  been  re- 
stored before  an  information  lias  been  laid  before  a  magis- 
ti'ate,  or  an  indietnient  found  l)y  a  grand  jur.y,  cluirging  the 
commission  of  the  ofifcnse.  [Amendment  approved  1905; 
State.  1905,  p.  682.] 

Legislation  §  512.  1.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  610. 

2.  Amendment  by  Stats.  1901,  p.  465;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  682,  (1)  omitting  the  word  "of" 
before  "mitigation";  (2)  adding  "or  an  indictment  found  by  a  grand 
jury." 

§  513.  Actual  restoration  a  ground  for  mitigation  of  pun- 
ishment. Whenever,  prior  to  an  information  laid  before  a 
magistrate,  or  an  indictment  found  by  a  grand  jury,  charg- 
ing the  commission  of  embezzlement,  the  person  accused 
voluntarily  and  actually  restores  or  tenders  restoration  of 
the  property  alleged  to  have  been  embezzled,  or  any  part 
thereof,  such  fact  is  not  a  ground  of  defense,  but  it  author- 
izes the  court  to  mitigate  punishment,  in  its  discretion. 
[Amendment  approved  1905;  Stats.  1905,  p.  682.] 

Compromise  by  permission  of  court  discharges    prisoner    when: 

Post,  §  1378. 

Legislation  §  513.  1.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  611. 

2.  Amendment  by  Stats.  1901,  p.  465;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  682,  (1)  changing  "any"  to  "an" 
before  "information";  (2)  adding  "or  an  indictment  found  by  a 
grand  jury"  after  "before  a  magistrate";  (3)  changing  "restored  or 
tendered"  to  "restores  or  tenders." 

§  514.  Punishment.  Every  person  guilty  of  embezzle- 
ment is  punishable  in  the  manner  prescribed  for  feloniously 
stealing  property  of  the  value  of  that  embezzled ;  and  where 
the  property  embezzled  is  an  evidence  of  debt  or  right  of 
action,  the  sum  due  upon  it  or  secured  to  be  paid  by  it  must 
be  taken  as  its  value ;  if  the  embezzlement  or  defalcation  is 
of  the  public  funds  of  the  United  States,  or  of  this  state,  or 
of  any  county  or  municipality  Avithin  this  state,  the  offense 
is  a  felony,  and  is  punishable  by  imprisonment  in  the  state 
prison  not  less  than  one  nor  more  than  ten  years ;  and  the 


231  EXTORTION.  §  518 

person  so  convicted  is  ineligible  thereafter  to  any  office  of 
honor,  trust,  or  profit  in  this  state.  [Amendment  approved 
1905;  Stats.  1905,  p.  682.] 

EmbezL'lement  of  public  funds:   See  ante,  §  424. 

Embezzlement  of  public  funds.  "No  person  convicted  of  the  em- 
bezzlement or  defalcation  of  the  public  funds  of  the  United  States, 
or  of  any  state,  or  of  any  county  or  municipality  therein,  shall  ever 
be  eligiljle  to  any  office  of  honor,  trust,  or  profit  under  this  state, 
and  the  legislature  shall  provide  by  law  for  the  punishment  of 
embezzlement    or   defalcation    as   a   felony":    Const.,   art.   iv,  §  21. 

Legislation  §  514.  1.  Enacted  February  14.  1872  (almost  identical 
with  Field's  Draft,  §  612),  and  then  ended  with  the  words  "shall  be 
taken  as  its  value,"  the  word  "shall,"  in  these  words,  being  changed 
to  "must"  in  190.5. 
'  2.  Amended  by  Code  Amdts.  1880,  p.  8.  adding  the  proviso,  which 
then  read,  "provided,  that  if  the  embezzlement  or  defalcation  be  of 
the  public  funds  of  the  United  States,  or  of  this  state,  or  of  any 
county,  city  and  county,  or  municipality  within  this  state,  the 
offense  is  a  felony,  and  shall  be  punishable  by  imprisonment  in  the 
state  prison  not  less  than  one  year  nor  more  than  ten  years;  and 
the  person  so  convicted  shall  be  ineligible  thereafter  to  any  office 
of  honor,  trust,  or  profit  under  this  state." 

3.  Amendment  by  Stats.  1901,  p.  465;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  682;  the  code  commissioner  saying, 
"The  amendment  substitutes  'in'  for  'under'  before  the  word  'this,' 
thus  making  a  person  convicted  of  embezzlement  ineligible  to  any 
office  in  this  state,  whether  it  be  a  state  office  or  not." 


CHAPTER  VII. 

Extortion. 
§  518.     "Extortion"  defined. 

§  519.     What  threats  may  constitute  extortion. 
§  520.     Punishment  of  extortion  in  certain  cases. 
§  521.     Punishment    of    extortion    committed    under    color    of    official 

right. 
§  522.     Obtaining   signature  by   means   of  threats. 

§  523.     Sending  threatening  letters  with  intent  to  extort  money,  etc. 
§  524.     Attempts    to  extort    money    or  property    by  means  of  verbal 

threats. 
S  525.     Officers  of  railroad  companies  making  overcharges. 
§  526.     Sale  of  tickets  to  theater,  etc.     [Repealed.] 

Code  commissioners'  note  to  Chapter  VII.  "This  chapter  is  from 
the  New  York  Penal  Code,  [Field's  Draft,],  p.  220,  and  includes  our 
laws  on  the  subject." 

§518.     "Extortion"  defined.     Extortion  is  the  obtaining 

of  property  from  another,  with  his  consent,  induced  by  a 

wrongful  use  of  force  or  fear,  or  under  color  of  official  right. 

Legislation  §  518.     Enacted    Februarv    14,    1872;     identical    with 

Field's  Draft,  §  613,  N.  Y.  Pen.  Code,  §  552. 


§  522  PENAL   CODE.  232 

§  519.     What    threats    may    constitute    extortion.     Fear, 

isiu'li  as  will  c'oiistituto  exlurlitMi,  may  Ix'  iiidiu'cd  \)y  ;i  llu-eat, 
either : 

1.  To  do  an  unlawful  injury  to  the  i)ei'.son  or  pr()])i;j-ty  of 
the  individual  tlireatened,  or  to  any  relative  of  his,  or  nicni- 
her  of  his  family ;  or, 

2.  To  accuse  him,  oi"  any  i'clati\'c  of  his,  or  iiicmlx'i"  of  his 
family,  of  any  crime;  or, 

'S.  To  expose,  or  impute  to  him  or  them  any  (kd'oi'inity  or 
disgrace ;   or, 

4.  To  expose  any  seei-et  affecting  him  or  them. 
Subd.  1.     Sending  threatening  letter:   See  post,  §  523. 
Legislation  §  519.     Enacted    February    H,    1872;    identical    with 
Field's  Draft,  §  614,  N.  Y.  Pen.  Code,  §^J53. 

§  520.  Punishment  of  extortion  in  certain  cases.  Every 
person  who  extorts  any  money  or  other  property  from  an- 
other, under  circumstances  not  amounting  to  robbery,  by 
means  of  force,  or  any  threat,  such  as  is  mentioned  in  the 
preceding  section,  is  punishable  by  imprisonment  in  the  state 
prison  not  exceeding  five  years. 
Robbery:  Ante,  §  211. 

Legislation  §  520.     Enacted    February    14,    1872;    almost   identical 
with  Field's  Draft,  §  615,  N.  Y.  Pen.  Code,  §  554. 

§  521.  Punishment  of  extortion  committed  "under  color  of 
official  right.  Every  pcrsori  Avho  commits  any  extortion 
under  color  of  official  right,  in  cases  for  which  a  different 
punishment  is  not  prescribed  in  this  code,  is  guilty  of  a  mis- 
demeanor. 

Extortion,  defined:  See  ante,  §  518. 

Extortion  by  public  officer,  punishment  of:  See  ante,  §  70. 
Legislation  §  521.     Enacted    February    14,    1872;    almost    identical 
with  Field's  Draft,  §  616,  N.  Y.  Pen.  Code,  §§  556,  557. 

§  522.  Obtaining  signature  by  means  of  threats.  Every 
person  who,  by  any  extortionate  means,  obtains  from  an- 
other his  signature  to  any  paper  or  instrument,  wdiere})y,  if 
such  signature  were  freely  given,  any  property  would  be 
transferred,  or  any  debt,  demand,  charge,  or  right  of  action 
created,  is  punishable  in  the  same  manner  as  if  the  actual 
delivery  of  such  debt,  demand,  charge,  or  right  of  action 
were  obtained. 

Legislation  §  522,     1.  Enacted  February  14,  1872;  almost  identical 

with  Field's  Draft,  §  617. 

2.  Amendment  by  Stats.  1901,  p.  465;  unconstitutional.     See  note, 

§  5,  ante. 


233  EXTORTION.  §  526 

§  523.  Sending-  threatening-  letters  with  intent  to  extort 
money,  etc.  Every  person  who,  with  intent  to  extort  any 
money  or  other  property  from  another,  sends  or  delivers  to 
any  person  any  letter  or  other  -writing,  whether  snbseribed 
or  not,  expressing  or  implying,  or  adapted  to  imply,  any 
threat  snch  as  is  specified  in  section  five  hnndred  and  nine- 
teen, is  pnnishable  in  the  same  manner  as  if  such  money  or 
property  were  actually  obtained  by  means  of  such  threat. 

Threatening  letter,  sending  of:  See  post,  §  650. 

Offense,  when  complete:   See  post,  §  660. 

Legislation  §  523.  Euaeted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  618,  N.  Y.  Pen.  Code,  §  55S. 

§  524.  Attempts  to  extort  money  or  property  by  means  of 
verbal  threats.  Every  person  who  unsuccessfully  attempts, 
by  means  of  any  verbal  threat,  such  as  is  specified  in  section 
five  hundred  and  nineteen,  to  extort  money  or  other  jiroperty 
from  another,  is  guilty  of  a  misdemeanor. 

Legislation  §  52-4.     Enacted   February    14,   1872;    almost   identical 

with  Field's  Draft,  §  619,  N.  Y.  Pen.  Code,  §  560. 

§  525.     Officers  of  railroad  companies  making  overcharges. 

Every  officer,  agent,  or  employee  of  a  railroad  company  who 
asks  or  receives  a  greater  sum  than  is  allowed  by  law  for  the 
carriage  of  passengers  or  freight,  is  guilty  of  a  misdemeanor. 

Rate  of  charges:   See  Civ.  Code,  §  489. 

Legislation  §  525.     Enacted  February  14,  1872. 

§  526.  Sale  of  tickets  to  theater,  etc.  [Repealed  1907 ; 
Stats.  1907,  p.  688.] 

Legislation  §  526.     1.  Added  by  Stats.  1905,  p.  140. 

2.  Eepealed  by  Stats.  1907,  p.  "688;  the  code  commissioner  saying, 
"Section  repealeil  because  unconstitutional.  (Ex  parte  Quarg,  149 
Cal.  80,  82.)'- 


§  529  PENAL    CODL.  234 

CllAPTKIi  \lll. 
False  Personation  and   Cheats. 

§  528.     Marrying  under   false   personation. 

§  529.     Personating  anotlier  in   private   or  ofTicial   capacity. 

§  530.     Receiving  money  or  property  in  a  false  character. 

§  531.     Fraudulent  conveyances. 

§  532.     Obtaining  money,  property,  or  labor  by  false  pretenses. 

§  532a.  Making  false  statement  of  financial  condition.     Benefiting  by 
false  statement.     Eeafiirming  false  statement.     Misdemeanor. 

§  532a.  Giving  lot  v^'ith  ticket  prohibited. 

§  533.     Selling  land  twice. 

§  534.     Married  person  selling  lands  under  false  representations. 

§  535.     Mock  auction. 

§  53().     False   statements   by   brokers,   etc.     Penalty. 

§  536a.  Statement   of   sales. 

§  537.     Defrauding  proprietors  of  hotels,  inns,  etc. 

§  537A.  Fraudulent  registration  of  cattle. 

§  537j.  Defrauding  owners  of  livery-stables. 

§  537a.  Fraudulent  registration  of  cattle. 

§  337b.  Defrauding  owners  of  livery-stables. 

§  537c.  Unauthorized  use  of  horses,  etc. 

§  538.     Removing     mortgaged     personal     property.     Further     encum- 
brance or  sale. 

§  538a.  Misrepresentation  of  newspaper  circulation. 

§  538b.  Wearing  badge   of  secret  society  unless  entitled  to. 

§  528.  Marrying  under  false  personation.  Every  person 
who  falsely  personates  another,  and  in  such  assumed  char- 
acter marries  or  pretends  to  marry,  or  to  sustain  the  mar- 
riage relation  towards  another,  with  or  without  the  con- 
nivance of  such  other,  is  guilty  of  a  felony. 

Marrying  under  false  personatipn:  See  post,  §  1110. 
Legislation  §  528.  Enacted  February  14,  1872;  almost  identical 
with  the  introductory  paragraph  aud  subd.  1  of  Field's  Draft,  §  620, 
N.  Y.  Pen.  Code,  §  562;  based  on  Crimes  and  Punishment  Act,  Stats. 
1850,  p.  240,  §  90,  which  read:  "§  90.  Every  person  who  shall  falsely 
represent  or  personate  another,  and  in  such  assumed  character  shall 
marry  another;  become  bail  or  surety  for  any  party  in  any  proceed- 
ing civil  or  criminal,  before  any  court  or  officer  authorized  to  take 
such  bail  or  surety;  or  confess  any  judgment;  or  acknowledge  the 
execution  of  any  conveyance  of  real  estate,  or  of  any  other  instru- 
ment which  by  law  may  be  recorded;  or  do  any  other  act  in  the 
course  of  any  suit,  proceeding,  or  prosecution,  whereby  the  person 
so  represented  or  personated  may  be  made  liable  in  any  event  to 
the  payment  of  any  debt,  damages,  costs,  or  sums  of  money,  or  his 
rights  or  interests  may  in  any  manner  be  affected,  shall,  upon  con- 
viction, be  punished  by  imprisonment  in  the  county  jail  not  exceed- 
ing two  years,  or  by  fine  not  exceeding  five  thousand  dollars." 

§  529.     Personating  another  in  private  or  official  capacity. 

Every  person  who  falsely  personates  another  in  either  his 
private  or  official  capacity,  and  in  such  assumed  character, 
either :  . 

1.  Becomes  bail  or  surety  for  any  party  in  any  proceeding 
whatever,  before  any  court  or  officer  authorized  to  take  such 
bail  or  surety; 


235  FALSE  PERSONATION   AND   CHEATS.  §  530 

2.  Verifies,  publishes,  acknowledges,  or  proves,  in  the 
name  of  another  person,  any  written  instrument,  with  intent 
that  the  same  may  be  recorded,  delivered,  or  used  as  true  ;  or, 
3.. Does  any  other  act  Avhereby,  if  done  by  the  person 
falsely  personated,  he  might,  in  any  event,  become  liable  to 
any  suit  or  prosecution,  or  to  pay  any  sum  of  money,  or  to 
incur  any  charge,  forfeiture,  or  penalty,  or  Avhereby  any 
benefit  might  accrue  to  the  party  personating,  or  to  any 
other  person ; 

Is  punishable  by  imprisonment  in  the  county  jail  not  ex- 
ceeding two  3^cars,  or  by  fine  not  exceeding  five  thousand 
dollars.      [Amendment  approved  1905;  Stats.  1905,  p.  684.] 
False  personation,  punishment  of:  See  post,  §§  530,  630%. 
Legislation  §  529.     1.  Enacted  February  14,  1872;  almost  identical 
with  introductory  paragraph  and  subds.  2,  3,  4,  and  final  paragraph 
of  Field's  Draft,"  §  620,  N.  Y.  Pen.  Code,  §  562;   Crimes  and  Punish- 
ment Act,  Stats.  1850.  §  90,  p.  240.     See  ante,  Legislation  §  528. 

2.  Amendment  by  Stats.  1901,  p.  466;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  684,  (1)  in  introductory  paragraph, 
adding  "in  either  his  private  or  official  capacity"  after  "personates 
another";  (2)  in  subd.  1,  omitting  "or"  at  end  of  subdivision;  (3) 
in  subd.  2,  changing  "and"  to  "or"  before  "used  as  true";  (4)  in 
subd.  3,  changing  "if  it  were  done"  to  "if  done";  the  code  commis- 
sioner saying,  "The  amendment  being  designed  with  the  purpose  of 
changing  the  construction  put  upon  this  section  in  People  v.  Knox, 
119  Cal.  73,  where  it  was  held  that  the  section  did  not  apply  to  a 
case  where  a  person  falsely  assumes  an  official  character." 

§  530.  Receiving"  money  or  property  in  a  false  character. 
Every  person  who  falsely  personates  another,  in  either  his 
private  or  official  capacity,  and  in  such  assumed  character 
receives  any  money  or  property,  know^ing  that  it  is  intended 
to  be  delivered  to  the  individual  so  personated,  with  intent 
to  convert  the  same  to  his  OAvn  use,  or  to  that  of  another 
person,  or  to  deprive  the  true  owner  thereof,  is  punishable 
in  the  same  manner  and  to  the  same  extent  as  for  larceny  of 
the  money  or  property  so  received.  [Amendment  approved 
1905;  Stats.  1905,  p.  685.] 

False  personation,  punishment  of:  See  ante,  §  529;  post,  §  65014- 
Legislation  §  530.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  240,  §  91  (Field's  Draft,  §  621, 
N.  Y.  Pen.  Code,  §  564),  which  read:  "§  91.  Every  person  who  shall 
falsely  represent  or  personate  another,  and  in  such  assumed  charac- 
ter shall  receive  any  money  or  valuable  property  of  any  description, 
intended  to  be  delivered  to  the  person  so  personated,  shall,  upon 
conviction,  be  punished  in  the  same  manner,  and  to  the  same  extent 
as  for  feloniously  stealing  the  money  or  property  so  received." 

2.  Amendment  by  Stats.  1901,  p.  466;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  685;  the  code  commissioner  saying, 
"With  the  same  object  in  view  as  ic  the  amendment. to  the  preceding 


§  532  PENAL    CODE.  236 

set'tioii,  the  words  'iu  either  his  private  or  olTicial  capacity'  have 
been  inserted  after  'another.'"  See  ante,  Legishilion  §  529,  for  code 
coniniissioner's  note. 

§  531.  Fraudulent  conveyances.  Every  pci-soii  Avho.  is  a 
party  to  any  IVautliilriii  coincyancc  of  any  lands,  tcnonionts, 
or  liereditainciits,  goods  or  chattels,  or  any  right  or  interest 
issuing  out  of  the  same,  or  to  any  bond,  suit,  judgment,  or  exe- 
cution, contract  or  conveyance,  had,  made,  or  contrived 
with  intent  to  deceive  and  defraud  others,  or  to  defeat, 
hinder,  or  delay  creditors  or  others  of  their  just  debts,  dam- 
ages, or  demands;  or  Avho,  being  a  party  as  aforsaid,  at  any 
time  Avittingly  and  willingly  puts  in,  uses,  avows,  maintanis, 
justifies,  or  defends  the  same,  or  any  of  them,  as  true,  and 
done,  had,  or  made  in  good  faith,  or  upon  good  consideration, 
or  aliens,  assigns,  or  sells  any  of  the  lands,  tenements, 
hereditaments,  goods,  chattels,  or  other  things  before  men- 
tioned, to  him  or  them  conveyed  as  aforesaid,  or  any  part 
thereof,  is  guilty  of  a  misdemeanor. 

Fraud.  Actual  fraud  is  defined  by  Civ.  Code,  §  1572,  and  con- 
structive fraud!  by  §  1573. 

Fraudulent  conveyances:   Civ.  Code,  §§  3439-3442. 

Fraudulent  acts  to  defraud  creditors:   See  ante,  §§  154,  155. 

Legislation  §  531.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1S50,  p.  245,  §  129,  which  read:  "§  129. 
All  and  every  person  who  shall  be  a  party  to  anj^  fraudulent  con- 
veyance of  any  -lands,  tenements  or  hereditaments,  goods  or  chattels, 
or  any  right  or  interest  issuing  out  of  the  same,  or  to  any  bond,  suit, 
judgment  or  execution,  contract  or  conveyance  had,  made,  or  con- 
trived with  intent  to  deceive  and  defraud  others,  or  to  defeat,  hin- 
der, or  delay  creditors  or  others  of  their  just  debts,  damages,  or 
demands;  or  who,  being  parties  as  aforesaid,  at  any  time  shall  wit- 
tingly and  willingly  put  in,  use,  avow,  maintain,  justify,  or  defend 
the  same  or  any  of  them  as  true  and  done,  had  or  made  in  good 
faith,  or  upon  good  consideration,  or  shall  alien,  assign,  or  sell  any 
of  the  lands,  tenements,  hereditaments,  goods,  chattels,  or  other 
things  before  mentioned,  to  him,  her,  or  them  conveyed  as  afore- 
said, or  any  part  thereof,  he,  she,  or  they  so  offending  shall,  on 
conviction,  be  fined  in  any  sum  not  exceeding  one  thousand  dollars." 

2.  Repealed  by  Stats.  1901,  p.  466;  unconstitutional.  See  note, 
§  5,  ante. 

§  532.  Obtaining'  money,  property,  or  labor  by  false  pre- 
tenses. Every  person  who  knowingly  and  designedly,  by 
any  false  or  fraudulent  representation  or  pretense,  defrauds 
any  other  person  of  money,  labor,  or  property,  whether  real 
or  personal,  or  who  causes  or  procnres  others  to  report 
falsely  of  his  wealth  or  mercantile  character,  and  by  thus 
imposing  upon  any  person  obtains  credit,  and  therebj^  fraud- 
ulently gets  possession  of  money  or  property,  or  obtains  the 
labo)'  or  service  of  another,  is  punishable  in  the  same  manner 


237  FALSE  PERSONATION   AND   CHEATS.  §  532a 

and  to  the  same  extent  as  for  larceny  of  the  money  or  prop- 
erty so  obtained.  [Amendment  approved  1.905;  Stats.  1905, 
p.  685.] 

Legislation  §  532.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punisliniout  Act,  Stats.  1850,  p.  24.5,  §§  130,  131,  which  read: 
"§  130.  If  any  person,  by  false  representations  of  his  own  wealth 
or  mercantile  correspondence  and  connections,  shall  obtain  a  credit 
thereby,  and  defraud  any  person  or  persons  of  money,  goods,  chat- 
tels, or  any  valuable  thing;  or  if  any  person  shall  cause  or  procure 
others  to  report  falsely  of  his  wealth  or  mercantile  character,  and 
by  thus  imposing  upon  any  person  or  persons  obtain  credit  and 
thereby  fraudulently  get  into  the  possession  of  goods,  wares,  or 
merchandise,  or  other  valuable  thing,  every  such  offender  shall  be 
deemed  a  swindler,  and  on  conviction,  shall  be  sentenced  to  return 
the  property  so  fraudulently  obtained,  if  it  can  be  done,  and  shall 
be  fined  not  exceeding  one  thousand  dollars  and  imprisoned  in  the 
county  jail  not  more  than  six  months.  §  131.  If  any  person  or  per- 
sons shall  knowingly  and  designedly,  by  any  false  pretense  or  pre- 
tenses, obtain  from  any  other  person  or  persons  any  chose  in  action, 
money,  goods,  wares,  chattels,  effects,  or  other  valuable  thing,  with 
intent  to  cheat  or  defraud  any  such  person  or  persons  of  the  same, 
every  person  so  offending  shall  be  deemed  a  cheat,  and  on  convic- 
tion, shall  be  fined  not  exceeding  one  thousand  dollars  and  impris- 
oned in  the  county  jail  not  more  than  one  year,  and  be  sentenced 
to  restore  the  property  so  fraudulently  obtained,  if  it  can  be  done." 
When  enacted  in  1872,  §  532  read:  "Every  person  who  knowingly 
and  designedly,  by  false  or  fraudulent  representation  or  pretenses, 
defrauds  any  other  person  of  money  or  property,  or  who  causes  or 
procures  others  to  report  falsely  of  his  wealth  or  mercantile  charac- 
ter, and  by  thus  imposing  upon  any  person  obtains  credit,  and 
thereby  fraudulently  gets  into  possession  of  money  or  property,  is 
punishable  by  imprisonment  in  the  county  jail,  not  exceeding  one 
year,  and  by  fine  not  exceeding  three  times  the  value  of  the  money 
or  property  so  obtained." 

2.  Amended  by  Stats.  1889,  p.  14,  changing  the  final  words  of  the 
section  to  read,  "is  punishable  in  the  same  manner  and  to  the  same 
extent  as  for  larceny  of  the  money  or  property  so  obtained." 

3.  Amendment  by  Stats.  1901,  p.  466;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  685;  the  code  commissioner  saj^ing, 
"The  amendment  is  intended  to  make  it  criminal  to  procure  the 
labor  or  services  of  another,  or  to  defraud  him  of  real  property,  by 
representations  known  to  be  false.  With  respect  to  real  property, 
this  changes  the  rule  announced  in  People  v.  Cummings,  114  Cal. 
437." 

§  532a.  Making-  false  statement  of  financial  condition. 
Benefiting  by  false  statement.  Reaffirming  false  statement. 
Misdemeanor.     Any  person, 

(1)  Who  shall  knowingly  make  or  cause  to  be  made,  either 
directly  or  indirectly,  or  through  any  agency  whatsoever, 
any  false  statement  in  writing,  with  intent  that  it  shall  be 
relied  upon,  respecting  the  financial  condition,  or  means  or 
ability  to  pay,  of  himself,  or  any  other  person,  firm  or  cor- 
poration, in  whom  he  is  interested,  or  for  whom  he  is  acting, 


§  533  PENAL   CODE.  238 

for  the  purpose  of  procuring  i"  ''I'l.V  iorni  whatsoever,  cither 
tlie  delivery  of  personal  proix-i-l y,  the  payment  of  cash,  the 
inakin<i;  of  a  loan  or  credit,  the  extension  of  a  credit,  the 
discount  of  an  account  recei\al)le,  or  the  making,  acceptance, 
discount,  sale  or  indorsement  of  a  bill  of  exchange,  or  prom- 
issory note,  for  the  benefit  oL'  either  himself  oi-  of  such 
person,  firm  or  corporation ;  or 

(2)  "Who,  knowing  that  a  false  statement  in  wi-iting  has 
been  made,  respecting  the  financial  condition  or  means  or 
ability  to  pay,  of  himself,  or  such  person,  firm  or  corporation 
in  which  he  is  interested,  or  for  whom  he  is  acting,  procures, 
upon  the  faith  thereof,  for  the  benefit  either  of  himself,  or  of 
such  person,  firm  or  corporation,  either  or  any  of  the  things 
of  benefit  mentioned  in  the  first  subdivision  of  this  section ; 
or 

(3)  Who,  knowing  that  a  statement  in  writing  has  been 
made,  respecting  the  financial  condition  or  means  or  ability 
to  pay  of  himself  or  such  person,  firm  or  corporation,  in 
which  he  is  interested,  or  for  whom  he  is  acting,  represents 
on  a  later  day  in  writing,  that  such  statement  theretofore 
made,  if  then  again  made  on  said  day,  w^ould  be  then  true, 
when  in  fact,  said  statement  if  then  made  would  be  false, 
and  procures  upon  the  faith  thereof,  for  the  benefit  either  of 
himself  or  of  such  person,  firm  or  corporation,  either  or  any 
of  the  things  of  benefit  mentioned  in  the  first  subdivision  of 
this  section ;  shall  be  guilty  of  a  misdemeanor,  punishable  by 
a  fine  of  not  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment. 

Legislation  §  532a.     Added  by  Stats.  1913,  p.  437. 

AiiutluT  §  o32a  was  adopted  at  the  same  session,  as  follows: 

§  532a.  Giving-  lot  v/ith  ticket  prohibited.  Any  person, 
firm,  corporation  or  copartnership  who  knowdngly  and  de- 
signedly offers  or  gives  with  winning  numbers  at  any  draw- 
ing of  numbers  or  with  tickets  of  admission  to  places  of 
public  assemblage,  any  lot  or  parcel  of  real  property  and 
charges  or  collects  fees  in  connection  with  the  transfer  there- 
of, is  guilty  of  a  misdemeanor. 

Legislation  §  532a.     Added  by  Stats.  1913,  p.  74. 

There  was  another  §  532a  adopted  at  the  same  session.     See  supra. 

§  533.  Selling'  land  twice.  Every  person  who,  after  once 
selling,  l)artcring,  or  disposing  of  any  tract  of  land  or  town 
lot,  or  after  executing  any  bond  or  agreement  for  the  sale 
of  any  land  or  town  lot,  again  willfully  and  with  intent  to 
defraud  previous  or  subsequent  purchasers,  sells,  barters, 


239  FALSE  PERSONATION   AND   CHEATS.  §  534 

or  disposes  of  the  same  tract  of  land  or  town  lot,  or  any  part 
thereof,  or  willfully  and  with  intent  to  defraud  previous  or 
subsequent  purchasers,  executes  any  bond  or  agreement  to 
sell,  barter,  or  dispose  of  the  same  land  or  lot,  or  any  part 
thereof,  to  any  other  person  for  a  valuable  consideration,  is 
punishable  by  imprisonment  in  the  state  prison  not  less  than 
one  nor  more  than  ten  years. 

Legislation  §  533.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  246,  §  132,  wliich  read:  "§132. 
Any  person  or  persons,  after  once  selling,  bartering,  or  disposing  of 
any  tract  or  tracts  of  land,  town  lot  or  lots,  or  executing  any  bond 
or  agreement  for  the  sale  of  any  lands,  or  town  lot  or  lots,  who  shall 
again  knowingly  and  fraudulently  sell,  barter,  or  dispose  of  the 
same  tract  or  tracts  of  land,  or  town  lot  or  lots,  or  any  part  thereof, 
or  shall  knowingly  and  fraudulently  execute  any  bond  or  agreement 
to  sell  or  barter  or  dispose  of  the  same  land,  or  lot  or  lots,  or  any 
part  thereof,  to  any  other  person  or  persons  for  a  valuable  consider- 
ation, every  such  offender,  upon  conviction  thereof,  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  not  less  than  one  nor  more 
than  ten  years."  The  code  commissioners  say:  "This  section  is 
founded  on  §  132  of  the  Crimes  and  Punishment  Act  of  1850.  The 
words  'knowingly  and  fraudulently'  are  stricken  out,  and  the  phrase 
'willfully  and  with  intent  to  defraud  previous  or  subsequent  pur- 
chasers' inserted  in  lieu  thereof.  §  132  was  evidently  intended  to 
embody  the  provisions  of  the  statute  of  27  Eliz.,  c.  iv,  which  made 
it  a  criminal  offense  for  any  person  to  sell  or  convey  land  and  the 
like  with  intent  to  defraud  previous  or  subsequent  purchasers,  and 
proceeded  upon  the  theory  that  either  of  the  purchasers  may  be  de- 
frauded by  the  second  sale.  The  substitution  of  the  word  'fraud- 
ulently' for  the  precise  words  of  the  English  statute,  which  we  have 
restored  to  the  section,  rendered  §  132  obscure,  and  made  it  uncer- 
tain as  to  whether  the  fraud  necessary  to  constitute  the  offense  must 
move  against  previous  or  subsequent  purchasers,  whilst  if  directed 
against  either,  the  case  fell  within  the  mischief  the  statute  intended 
to  guard  against.  This  want  of  precision  in  §  132  has  already  been 
the  subject  of  judicial  observation  in  this  state  (People  v.  Garnett, 
35  Cal.  470),  and  it  has  been  held.  Chief  Justice  Rhodes  expressing 
no  opinion,  that  the  section  must  receive  the  same  construction  as 
the  English  statute  cited;  therefore  it  is  manifestly  proper  that  the 
language  of  the  latter  statute  should  be  restored." 

§  534.  Married  person  selling'  lands  under  false  repre- 
sentations. Every  married  person  who  falsely  and  fraud- 
ulently represents  himself  or  herself  as  competent  to  sell  or 
mortgage  any  real  estate,  to  the  validity  of  which  sale  or 
mortgage  the  assent  or  concurrence  of  his  wife  or  her  hus- 
band is  necessary,  and  under  such  representations  willfully 
conveys  or  mortgages  the  same,  is  guilty  of  felony. 

Legislation  §  534.  Enacted  February  14,  1872.  The  code  commis- 
sioners say:  "Founded  on  the  act  of  April  27,  1863,  to  prevent  the 
fraudulent  sale  or  encumbrance  of  real  estate -'by  married  women 
(Stats.  1863,  p.  750,  §  1),  and  extended  to  include  the  husband,  and 
to   prevent  fraud  in  the   attempted  disposition   of  the   homestead." 


>;  i)'A{);i  PENAL    CODE.  240 

§535.  Mock  auction.  Kvci'v  pcisoii  wlio  f)l)1;iiiis  ;iiiy 
moiu'V  or  pr()j)ei'ty  i'rom  another,  or  ohtaiii.s  tlu^  sij^iiatui'o  of 
aiiotlu'V  to  any  written  instriuiient,  the  false  making  of 
wliieii  Avould  ])e  forgery,  by  means  of  any  false  or  fraudnlent 
sale  of  property  or  pretended  property,  by  auction,  or  by 
any  of  the  practices  known  as  mock  auctions,  is  ])unishable 
by  imprisonment  in  the  state  prison  not  exceeding  three 
years,  or  in  the  county  jail  not  exceeding  one  year,  or  by 
fine  not  exceeding  one  thousand  dollars,  or  by  both  such  fine 
and  imprisonment ;  and,  in  addition  thereto,  forfeits  any 
license  he  may  hold  as  auctioneer,  and  is  forever  discjualified 
from  receiving  a  license  to  act  as  auctioneer  within  this 
state. 

Auctioneers:   See  Pol.  Code,  §§  328-4  et  seq. 

Legislation  §  535.     Enacted   February   14,   1872;   based   on   Field's 
Draft,  §  C27,  N.  Y.  Pen.  Code,  §  574. 

§  536.  False  statements  by  brokers,  etc.  Penalty.  Every 
commission  merchant,  broker,  agent,  factor,  or  consignee, 
w^ho  shall  willfully  and  corruptly  make,  or  cause  to  be  made, 
to  the  principal  or  consignor  of  such  commission  merchant, 
agent,  broker,  factor,  or  consignee,  a  false  statement  as  to 
the  price  obtained  for  any  property  consigned  or  intrusted 
for  sale,  or  as  to  the  quality  or  quantity  of  any  property  so 
consigned  or  intrusted,  or  as  to  any  expenditures  made  in 
connection  therewith,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  on  conviction  thereof,  shall  be  punished  by  a 
fine  not  exceeding  five  hundred  dollars  and  not  less  than  two 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  not 
exceeding  six  months  and  not  less  than  ten  days,  or  by  both 
such  fine  and  imprisonment.  [Amendment  approved  1909 ; 
Stats.  1909,  p.  537.] 

Legislation  §  536,  1.  Added  by  Code  Amdts.  1880,  p.  37,  and  then 
read  the  same  as  the  amendment  of  1909  (the  present  section),  down 
to  the  words  "or  consignee,"  in  the  second  instance,  the  section 
thereafter  proceeding,  "a  false  statement  concerning  the  price  ob- 
tained for,  or  the  quality  or  quantity  of  any  property  consigned  or 
intrusted  to  such  commission  merchant,  agent,  broker,  factor,  or 
consignee,  for  sale,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
on  conviction  thereof,  shall  be  punished  by  fine  not  exceeding  five 
hundred  dollars,  or  imprisoned  in  the  county  jail  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment." 
2.  Amended  by  Stats.  1909,  p.  537. 

§  536a.  Statement  of  sales."  It  is  hereby  made  the  duty 
of  every  commission  merchant,  broker,  factor,  or  consignee, 
to  whom  any  property  is  consigned  or  intrusted  for  sale,  to 
make,  when  accounting  therefor  or  subsequently,  upon  the 
written  demand  of  his  prin'jipal  or  consignor,  a  true  written 


241  FALSE  PERSONATION   AND   CHEATS.  §  537 

statement  setting  forth  the  name  and  address  of  the  person 
or  persons  to  whom  a  sale  of  the  said  property,  or  any  por- 
tion thereof,  was  made,  the  quantity  so  sold  to  each  pur- 
chaser, and  the  respective  prices  obtained  therefor;  provided, 
however,  that  unless  separate  Avritten  demand  shall  be  made 
as  to  each  consignment  or  shipment  regarding  which  said 
statement  is  desired,  prior  to  sale,  it  shall  be  sufficient  to 
set  forth  in  said  statement  only  so  many  of  said  matters 
above  enumerated  as  said  commission  merchant,  broker, 
factor,  or  consignee  may  be  able  to  obtain  from  the  books  of 
account  kept  by  him ;  and  that  said  statement  shall  not  be 
required  in  case  of  cash  sales  Avhere  the  amount  of  the  trans- 
action is  less  than  fifty  dollars.  Any  person  violating  the 
provisions  of  this  section  is  guilty  of  a  misdemeanor. 
Legislation  §  536a.     Added  by  Stats.  1909,  p.  1081. 

§  537.     Defrauding  proprietors  of  hotels,  inns,  etc.    Any 

person  who  obtains  any  food  or  accommodation  at  an  hotel, 
inn,  restaurant,  boarding-house  or  lodging-house  without  pay- 
ing therefor,  with  intent  to  defraud  the  proprietor  or  man- 
ager thereof,  or  who  obtains  credit  at  an  hotel,  inn,  restaurant, 
boarding-house,  or  lodging-house  by  the  use  of  any  false  pre- 
tense, or  who,  after  obtaining  credit  or  accommodation  at  an 
hotel,  inn,  restaurant,  boarding-house,  or  lodging-house  ab- 
sconds or  surreptitiously  removes  his  baggage  therefrom  with- 
out paying  for  his  food  or  accommodations  is  guilty  of  a 
misdemeanor.  [Amendment  approved  1903 ;  Stats.  1903, 
p.  22.] 

Legislation  §  537.  1.  Added  by  Stats.  1889,  p.  44,  the  title  of 
the  act  reading,  "An  Act  to  add  a  new  section  to  the  Penal  Code, 
to  be  known  as  section  fiv^e  hundred  and  thirty-seven,  relating  to 
defrauding  proprietors  and  managers  of  hotels,  inns,  restaurants, 
boarding-houses,  and  lodging-houses,"  the  act  (which  omitted  the 
section  number  specified  in  the  title  of  the  act,  quoted  supra,  as 
well  as  omitting  the  enacting  section,  the  number  of  which  was  in- 
serted as  the  section  number),  reading,  "Section  1.  Any  person  who 
obtains  any  food  or  accommodation  at  an  inn  or  boarding-house 
without  paying  therefor,  with  intent  to  defraud  the  proprietor  or 
manager  thereof,  or  who  obtains  credit  at  an  inn  or  boarding-house 
by  the  use  of  any  false  pretense,  or  who,  after  obtaining  credit  or 
accommodation  at  any  inn  or  boarding-house,  absconds  and  surrep- 
titiously removes  his  baggage  therefrom  without  paying  for  his  food 
or  accommodations,  is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  4G6;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1903,  p.  22.  Another  section  numbered  537 
was  added  in  18S7,  quoted  infra.  Legislation  §  538;  q.  v.,  as  well  as 
code  commissioner's  note  to  that  section  and  to  §  538. 

Another  §  537  w^as  added  in  1887:  See  post,  §  538,  Legislation. 
Pen.  Code — 16 


\ 


§  5371)  TExVAL   CODE.  242 

§  5371/2-     Fraudulent  registration  of  cattle. 

Legislation.     Scr  hcnislal  idii  §  ri.!?.-!. 

§  537%.     Defrauding'  owners  of  livery-stables. 

Legislation.     See  Legislation  §  537b. 

§  537a.  Fraudulent  registration  of  cattle-  pjvei-y  person 
wlio  by  any  false  or  IVauduleiit  ])rct('iisc  ()l)tains  from  any 
club,  association,  society,  or  comijany,  organized  for  the 
purpose  of  improving  the  breed  of  cattle,  horses,  sheep, 
swine,  or  other  domestic  animals,  a  certificate  of  registration 
of  any  animal  in  the  herd  register,  or  any  other  register  of 
any  such  club,  association,  society,  or  company,  or  a  ti-ansfer 
of  any  such  registration,  and  any  person  who,  for  a  valuable 
consideration,  gives  a  false  pedigree  of  any  animal,  Avith 
intent  to  mislead,  is  guilty  of  a  misdemeanor.  [Amendment 
approved  1905;  Stats.  1905,  p.  685.] 

Added  as   §5371/^  in   1889;   Stats.   1889,   p.  35.     The   number  was 
changed  to  537a  on  the  adoption  of  the  above  amendment. 
Legislation  §  537a.     1.  Added  by  Stats.  1889,  p.  35,  as  §  5371,4. 

2.  Amendment  by  Stats.  1901,  p.  467,  changing  tlie  number  of  the 
section  to  537a;  unconstitutional.     See  note,  §  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  685,  changing  number  from  5371,4  to 
o37a;  (1)  omitting  "shall"  after  "Every  person  who";  (2)  changing 
(a)  "obtain"  to  "obtains,"  (b)  "who  shall,  for  a  legal  consideration, 
give"  to  "who,  for  a  valuable  consideration,  gives,"  and  (c)  "shall  be 
guilty"  to  "is  guilty";  (3)  omitting  section  2  of  the  act  adding  the 
section,  which  read,  "Sec.  2.  Every  person  willfully  advertising  any 
of  such  animals  for  purposes  of  copulation,  or  profit,  as  having  a 
pedigree  other  than  the  true  pedigree  of  such  animal  shall  forfeit  all 
right  by  law  to  collect  pay  for  the  services  of  said  animal;  the  code 
commissioner  saying,  "Section  2  is  omitted  because  not  properly  a 
part  of  the  Penal  Code." 

§  537b.     Defrauding  owners  of  livery-stables.    Any  person 

who  obtains  any  livery  hire  or  other  accommodation  at  any 
livery  or  feed  stable,  kept  for  -profit,  in  this  state,  without 
paying  therefor,  with  intent  to  defraud  the  proprietor  or 
manager  thereof;  or  who  obtains  credit  at  any  such  livery 
or  feed  stable  by  the  use  of  any  false  pretense ;  or  who  after 
obtaining  a  horse,  vehicle,  or  other  property  at  such  livery 
or  feed  stable,  willfully  or  maliciously  abuses  the  same  by 
beating,  goading,  overdriving  or  other  willful  or  malicious 
conduct,  or  who  after  obtaining  such  horse,  vehicle,  or  other 
property,  shall,  with  intent  to  defraud  the  owner,  manager 
or  proprietor  of  such  livery  or  feed  stable,  keep  the  same 
for  a  longer  period,  or  take  tlie  same  to  a  greater  distance 
than  contracted  for ;  or  allow  a  feed-bill  or  other  charges  to 
accumulate  against  such  property,  without  paying  therefor; 
or  abandon  or  leave  the  same,  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1905;  Stats,  1905,  p.  685.] 


243  FALSE  PERSONATION   AND   CHEATS.  §  538 

Legislation  §  537b.     1.  Added  by  Stats.  1903,  p.  157,  as  §  537%. 
2.   Amended  by  Stats.  1905,  p.  6S5,  merely  changing  the  number  of 
the  section  from  537%  to  537b. 

§  537c.  Unauthorized  use  of  horses,  etc.  Every  owner, 
manager,  proprietor,  or  otlier  person,  having  the  manage- 
ment, charge  or  control  of  any  livery-stable,  feed  or  board- 
ing stable,  and  every  person  pasturing  stock,  who  shall  re- 
ceive and  take  into  his  possession,  charge,  care  or  control, 
any  horse,  mare,  or  other  animal,  or  any  buggy,  or  other 
vehicle,  belonging  to  anj^  other  person,  to  be  by  him  kept, 
fed,  or  cared  for,  and  who,  Avhile  said  horse,  mare  or  other 
animal  or  buggy  or  other  vehicle,  is  thus  in  his  possession, 
charge,  care  or  under  his  control,  as  aforesaid,  shall  drive, 
ride  or  use,  or  knowingly  permit  or  allow  any  person  other 
than  the  owner  or  other  person  entitled  so  to  do,  to  drive, 
ride,  or  otherwise  use  the  same,  without  the  consent  or  per- 
mission of  the  oAvner  thereof,  or  other  person  charged  with 
the  care,  control  or  possession  of  such  property,  shall  be 
guilty  of  a  misdemeanor. 
.     Legislation  §  537c.     Added  by  Stats.  1909,  p.  277. 

§  538.  Removing'  mortgaged  personal  property.  Further 
encumbrance  or  sale.  Every  person  Avho,  after  mortgaging 
any  of  the  property  mentioned  in  section  two  thousand  nine 
hundred  and  fifty-five  of  the  Civil  Code,  excepting  locomo- 
tives, engines,  rolling-stock  of  a  railroad,  steamboat  machin- 
ery in  actual  use,  and  vessels,  during  the  existence  of  such 
mortgage,  with  intent  to  defraud  the  mortgagee,  his  repre- 
sentatives or  assigns,  takes,  drives,  carries  away,  or  other- 
wise removes  or  permits  the  taking,  driving,  or  carrying 
away,  or  other  removal  of  the  mortgaged  property,  or  any 
part  thereof,  from  the  county  where  it  was  situate  when 
mortgaged,  without  the  written  consent  of  the  mortgagee, 
or  who  sells,  transfers,  or  in  any  manner  further  encumbers 
the  said  mortgaged  property,  or  any  part  thereof,  or  causes 
the  same  to  be  sold,  transferred,  or  further  encumbered,  is 
guilty  of  larceny,  and  is  punishable  accordingly ;  unless  at  or 
before  the  time  of  making  such  sale,  transfer,  or  encum- 
brance, such  mortgagor  informs  the  person  to  whom  such 
sale,  transfer,  or  encumbrance  is  made,  of  the  existence  of 
the  prior  mortgage,  and  also  informs  the  prior  mortgagee  of 
the  intended  sale,  transfer,  or  encumbrance,  in  writing,  by 
giving  the  name  and  place  of  residence  of  the  party  to  whom 
the  sale,  transfer,  or  encumbrance  is  to  be  made.  [Amended 
1905;  Stats.  1905,  p.  686.] 

Legislation  §  538.     1.  Added    (in   part)    by   Stats.   1887,   p.   87,   as 

§537,  which  read:   "537.     Every  person  who,  after  mortgaging  any 


§  nikS  PENAL   CODE.  244 

of  the  projioitv  iijcntioned  in  section  two  tliousanJ  nine  hundicil 
and  iit'ty-five  of  the  Civil  Code,  except  loconiotives,  engines,  roiiing- 
stock  of  :i  railroad,  stcandjoat  inachinery  in  actual  use,  and  vessels, 
voluntarily  removes  or  permits  the  removal  of  the  mortgaged  prop- 
erty from  the  place  where  it  was  situated  at  the  time  it  was  mort- 
gaged, without  the  written  consent  of  the  mortgagee,  with  intent 
to  deprive  the  mortgagee  of  his  interest  therein,  is  guiily  of  a  mis- 
tlemeunor." 

2.  Amended  by  Stats.  1893,  p.  119  (approved  March  9,  1893),  to 
read:  "537.  Every  jierson  who,  after  mortgaging  any  of  the  prop- 
erty mentioned  in  section  two  thousand  nine  Juindred  and  fifty-five 
of  the  Civil  Code,  excepting  locomotives,  engines,  rolling-stock  of  a 
railroad,  steamboat  machinery  in  actual  use,  and  vessels,  during  the 
existence  of  such  mortgage,  with  the  intent  to  defraud  the  mort- 
gagee, his  representatives  or  assigns,  transfers,  sells,  takes,  drives, 
or  carries  away,  or  otherwise  disposes  of,  or  permits  the  transfer- 
ring, selling,  taking,  driving,  or  carrying  away,  or  otherwise  dispos- 
ing of  such  mortgaged  property,  or  any  part  thereof,  from  the 
county  where  it  was  situated  at  the  time  it  was  mortgaged,  without 
the  written  consent  of  the  mortgagee,  is  guilty  of  larceny,  and  shall 
be  punished  accordingly." 

3.  Added  (in  part)  by  Stats.  1893,  p.  119,  as  §  538  (by  the  same 
act  amending  §  537,  quoted  supra),  which  read:  "538.  Every  person 
who,  after  mortgaging  any  of  the  property  mentioned  in  section 
two  thousand  nine  hundred  and  fifty-five  of  the  Civil  Code,  except- 
ing locomotives,  engines,  rolling-stock  of  a  railroad,  steamboat  ma- 
chinery in  actual  use,  and  vessels,  during  the  existence  of  such  mort- 
gage, sells,  transfers,  or  in  any  manner  further  encumbers  the  said 
mortgaged  property,  or  any  part  thereof,  or  causes  the  same  to  be 
sold,  transferred,  or  further  encumbered,  is  guilty  of  larceny,  and 
shall  be  punished  accordingly;  unless  at  or  before  the  time  of  mak- 
ing such  sale,  transfer,  or  encumbrance,  such  mortgagor  shall  in- 
form the  person  to  whom  such  sale,  transfer,  or  encumbrance  may 
be  made,  of  the  existence  of  the  prior  mortgage,  and  shall  inform 
the  prior  mortgagee  of  the  intended  sale,  transfer,  or  encumbrance, 
in  writing,  by  giving  the  name  and  place  of  residence  of  the  party 
to  who2n  the  sale,  transfer,  or  encumbrance  is  to  be  made." 

4.  Eepeal  by  Stats.  1901,  p.  166,  of  §  537,  as  amended  by  Stats. 
1893,  p.  119,  and  §  538  amended  (p.  467)  to  read  same  as  the  present 

§  538;  unconstitutional.     See  note,  §  5,  ante. 

5.  Eepeal  by  Stats.  1905,  p.  685,  of  §  537,  as  amended  by  Stats. 
1893,  p.  119,  and  §  538  amended  (p.  686)  by  the  same  act,  the  enact- 
ing paragraph  reading,  "Sec.  8.  Section  five  hundred  and  thirty- 
eight  of  said  code,  as  approved  March  9,  1903,  [1893;  §  538  was  not 
amended  in  1903],  is  hereby  amended  to  read  as  follows,"  this  so- 
called  repeal  and  amendment  being  in  fact  a  combination  and 
amendment  of  §  537  as  amended  in  1893  and  §  538;  the  code  commis- 
sioner saying  in  his  note  to  §  537,  "There  were  two  sections  num- 
bered 537.  The  one  regarding  the  removal  of  mortgaged  chattels 
(enacted  in  1893)  is  repealed,  the  matter  contained  in  it  being  suifi- 
cieutly  provided  for  in  §  538,  infra;  the  other  (enacted  in  1899,  and 
amended  in  1903)  remained  in  force";  and  in  his  note  to  §  538  sa}^- 
ing,  "The  amendment  extends,  the  operation  of  the  section  to  cases 
where  personal  property  is  taken,  removed,  or  driven  from  the 
county  in  which  it  is  mortgaged  with  the  intention  of  defrauding 
the  mortgagee.  The  change  consists  in  the  addition  of  the  words 
'with  intent  to  defraud  the  mortgagee,  his  representatives  or  as- 
signs, takes,  drives,  carries  awa^',  or  otherwise  reiuoves  or  permits 


245     FRAUDULENT  FITTING  OUT  AND  DESTROYING  VESSELS.      §  539 

the  takiug,  driving,  or  carrying  away,  or  other  removal  of  the 
mortgaged  property,  or  any  part  thereof,  from  the  county  where  it 
was  situated  when  mortgaged,  without  the  written  consent  of  the 
mortgagee,  or  who.'  There  were  two  sections  of  this  number:  one, 
added  March  9,  1893,  which  was  amended  as  above  set  forth;  the 
other,  added  March  11,  1893,  which  was  renumbered  (1905;  68G)  as 
538a." 

§  538a.     Misrepresentation     of     newspaper     circulation. 

Every  proprietor  or  publisher  of  any  newspaper  or  periodi- 
cal Avho  shall  Avillfully  and  knowingly  misrepresent  the  cir- 
culation of  such  newspaper  or  periodical,  for  the  purpose  of 
securing  advertising  or  other  patronage,  shall  be  deemed 
guilty  of  a  misdemeanor.  [Amendment  approved  1905 ; 
Stats.  1905,  p.  686.] 

Legislation  §  538a.     1.  Added  by  Stats.  1893,  p.  132,  as  §  538. 

2.  Amendment  by  Stats.  1901,  p.  467,  the  code  commissioners  desig- 
nating the  section  as  538 Vi>  and  renumbering  it  o38a;  unconstitu- 
tional.    See  note,  §  5,  ente. 

3.  Amended  by  Stats.  1905,  p.  686,  merely  changing  the  number 
from  538  to  53Sa. 

§  538b.     Wearing-  badge  of  secret  society  unless  entitled 

to.  Any  person  Avho  Avillfully  Avears  the  badge  lapel-button, 
rosette,  or  other  recognized  arid  established  insignia  of  any 
secret  society,  order,  or  organization,  or  uses  the  same  to 
obtain  aid  or  assistance  Avithin  this  state,  unless  entitled  to 
Avear  or  use  the  same,  under  the  constitution,  by-laAvs,  or 
rules  and  regulations,  or  other  laAvs  or  enactments  of  such 
order  or  society,  is  guilty  of  a  misdemeanor. 

Legislation  §  538b.  1.  Addition  by  Stats.  1901,  p.  467;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  686;  the  code  commissioner  saying, 
"This  section  consists  of  the  matter  formerly  in  §  543^/2.  The  change 
is  made  by  placing  the  matter  in  a  section  in  the  proper  chapter. 
By  some  inadvertence  the  legislature  placed  it  in  the  chapter  pro- 
viding for  the  punishment  of  persons  fraudulently  fitting  out  and 
destroj'ing  vessels." 

CHAPTER  IX. 

Fraudulently  Fitting  Out  and  Destroying  Vessels. 

§  539.     Captain   or  other   officer  willfully   destroying  vessel,   etc. 
§  540.     Other   persons   willfully   destroying  vessel,   etc. 
§  541.     Making  false  manifest,  etc. 
§  542.      [No  section  of  this  number.] 

§  543.     [No  section  of  this  number.]  , 

§  543i.  Prohibiting  unauthorized  wearing  of  society  badges,  etc.     [Re- 
pealed, and  re-enacted  as  §  538b.] 

Code  commissioners'  note  to  Chapter  IX.  "This  chapter  is  taken 
from  the  Now  York  Penal  Code,   [Field's  Draft,]   p.  227." 

§  539.     Captain  or  other  officer  willfully  destroying  vessel, 
etc.     Every  captain  or  other  officer  or  person  in  command 


§  543  VI)  penaij  code.  246 

or  charge  of  any  vessel,  who,  within  this  state,  willfully 
wrecks,  sinks,  or  otherwise  injures  or  destroys  such  vessel, 
or  any  cargo  in  such  vessel,'  or  willfully  permits  the  same  to 
be  Avrecked,  sunk,  or  otherwise  injured  or  destroyed,  with 
intent  to  prejudice  or  defraud  any  other  person,  is  punish- 
able by  imprisonment  in  the  state  prison  not  less  than  three 
years. 

Legislation  §  539.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  G28,  N.  Y.  Pen.  Code,  §  575.  The  code  commissioners  say: 
"Injuring  or  destroying  vessels  upon  the  high  seas  is  provided  for 
by  various  acts  of  Congress.  (See  the  acts  collected,  Brightly's 
Dig.,  209-211.)  The  above  section  is  therefore  limited  to  acts  com- 
mitted within  this  state." 

§  540.     Other  persons   willfully   destroying-  vessel,    etc. 

Every  person,  other  than  such  as  are  embraced  within  the 
last  section,  who  is  guilty  of  any  act  therein  specified,  is 
punishable  by  imprisonment  in  the  state  prison  for  a  term 
not  exceeding  ten  years. 

Vessel,  wrecking,  injuring  or  destroying:  See  post,  §  608c. 
Legislation  §  540.     Enacted   February   14,   1872;   based   on   Field's 
Draft,  §  629,  N.  Y.  Pen.  Code,  §  576. 

§  541.     Making'  false  manifest,  etc.     Evei-y  person  guilty 
of   preparing,   making,    or  subscribing   any   false   or  fraud- 
ulent manifest,  invoice,  bill  of  lading,  ship's  register,  or 
protest,  with  intent  to  defraud  another,  is  punishable  by  im- 
prisonment in  the  state  prison  not  exceeding  three  years. 
Fictitious  bill  of  lading,  issuing  of:  See  post,  §§  577,  578. 
Legislation  §  541.     Enacted  Februarv   14,   1872;    based   on   Field's 
Draft,  §§  630,  631,  N.  Y.  Pen.  Code,  §  577. 

§  542.      [No  section  of  this  number.] 

§  543.      [No  section  of  this  number.] 

§  5431/2-    Prohibiting   unauthorized   wearing   of   society 
badges,  etc.      [Repealed  1905;  Stats.  1905,  p.  685.] 
Wearing  badge  of  secret  society:  See  ante,  §  538b. 
Legislation  §  5431/2.     1.  Added  by  Stats.  1899,  p.  90,  becoming  a 
law,  under  constitutional  provision,  without  gpvernor's  approval. 

2.  Repeal  by  Stats.  1901,  p.  468;  unconstitutional.  See  note,  §  5, 
ante. 

3.  Repealed  by  Stats.  1905,  p.  685,  the  section  being  now  num- 
bered 53Sb.  See  ante.  Legislation  §  538b,  for  code  commissioner's 
note. 


247  WRECKED  PROPERTY.  §  548 

CHAPTER  X. 

Fraudulently  Keeping  Possession  of  Wrecked  Property, 

§  544.     Detaining  wrecked  property  after  salvage  paid. 

§  545.     Unlawfully  taking  or  laaving  possession  of  wrecked  property. 

§  544.     Detaining'  wrecked  property  after  salvage  paid. 

Every  person  Avho  keeps  any  wrecked  property,  or  the  pro- 
ceeds thereof,  after  the  salvage  and  expenses  chargeable 
thereon  have  been  agreed  to  or  adjusted,  and  the  amount 
thereof  has  been  i^aid  to  him,  is  punishable  by  fine  not  ex- 
ceeding one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  one  year,  or  both. 

Wrecks  and  wrecked  property:  Pol.  Code,  §§  2403-2418. 

Legislation  §  544.  Enacted  February  14,  1872;  based  on  Stats. 
1850,  p.  176,  §  24. 

§  545.  Unlawfully  taking  or  having  possession  of  wrecked 
property.  Every  person  who  takes  away  any  goods  from 
any  stranded  vessel,  or  any  goods  cast  by  the  sea  upon  the 
land,  or  found  in  any  bay  or  creek,  or  knowingly  has  in  his 
possession  any  goods  so  taken  or  found,  and  does  not  deliver 
the  same  to  the  sheriff  of  the  county  where  they  were  found, 
or  notify  him  of  his  readiness  to  do  so  within  thirty  days 
after  the  same  have  been  taken  by  him,  or  have  come  into 
his  ]j|Dssession,  is  guilty  of  a  misdemeanor. 

Wrecks  and  wrecked  property:   Pol.  Code,  §§  2403-2418. 
Legislation  §  545.     Enacted   February    14,    1872;    based    on    Stats. 

1850,  p.  176,  §  25. 

CHAPTER  XL 

Fraudulent  Destruction  of  Property  Insured. 

§  548.     Burning   or   destroying   property   insured. 

§  549.     Presenting  false  proofs  in  support   of  a  claim  upon  policy   of 
insurance. 

§  548.     Burning  or  destroying  property  insured.     Every 

person  who  AvillfuUy  burns,  or  in  any  other  manner  injures 
or  destroys  any  property  which  is  at  the  time  insured  against 
loss  or  damage  by  fire  or  by  any  other  casualty,  with  intent 
to  defraud  or  prejudice  the  insurer,  whether  the  same  be  the 
property  of  or  in  possession  of  such  person  or  of  any  other, 
is  punishable  by  imprisonment  in  the  state  prison  not  less 
than  one  nor  more  than  ten  years. 
Arson:   See  ante,  §  447. 

Legislation  §  548.  Enacted  February  14,  1872;  based  on  Field's 
Draft.  §  632,  N.  Y.  Pen.  Code.  §  578.  The  code  commissioners  say: 
''This    section    is    substituted    for  §  7    of   the    act    of   April    19,   1856 


§  554  PENAL  a)nE.  248 

(Stats.    18.jG,   p.    loli),   and   is   exteiuloil    to   iiicliule   every    injury    tu 
property  insured.'' 

§  549.  Presenting  false  proofs  in  support  of  a  claim  upon 
policy  of  insurance.  Every  person  ^\•hu  presents  or  causes 
to  be  presented  any  false  or  fraudulent  claim,  or  any  proof 
in  support  of  any  such  claim,  upon  any  contract  of  insur- 
ance fur  the  payment  of  any  loss,  or  who  prepares,  makes,  or 
subscribes  any  account,  cei-tificate  of  survey,  affidavit,  or 
proof  of  loss,  or  other  book,  j)aper,  or  writing  with  intent  to 
ju-esent  or  use  the  same,  or  to  allow  it  to  be  presented  or  used 
in  support  of  any  such  claim,  is  punishable  by  imprisonment 
in  the  state  prison  not  exceeding  three  years,  or  by  a  fine  not 
exceeding  one  thousand  dollars,  or  by  both. 

Notice  and  proof  of  loss:   See  Civ.  Code,  §§  2633-2637. 

Legislation  §  549.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  633,  N.  Y.  Pen.  Code,  §  579. 

CHAPTER  Xli. 

False  'Weights  and  Measures. 

§  552.  "False  weight"  and  "measure"  defined. 

§  553.  Using  false  weights   or   measures. 

§  554.  Stamping  false  weight,  measure,  or  tare  on  casks  or  packages. 

§  555.  Sellers  to  give  full  weight. 

§  556.  Sale  of  coal. 

§  552.  ' '  False  'weight ' '  and  '  *  measure ' '  defined.  A  lalse 
weight  or  measure  is  one  which  docs  not  conform  to  the 
standard  established  by  the  laws  of  the  United  States  of 
America. 

"Weights  and  measures:   See  Pol.  Code,  §§  3209-3223. 

'Weights  and  measures:  See  Acts  of  1911,  p.  3S3,  and  1913,  p.  10S6, 
General  Laws,  Acts  4384,  4385. 

Legislation  §  552.  Enacted  February  14,  1872.  The  code  commis- 
sioners say:  "Based  on  the  act  of  April  4,  1861  (Stats.  1861,  p.  86), 
establishing  a  standard  of  weights  and  measures.'' 

§  553.  Using  false  weights  or  measures.  Every  person 
who  uses  any  weight  or  measure,  knowing  it  to  be  false, 
by  which  use  another  is  defrauded  or  otherwise  injured,  is 
guilty  of  a  misdemeanor. 

Legislation  §  553.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  634,  N.  Y.  Pen.  Code,  §  580.  The  code  commissioners 
say:  "Founded  upon  §  14  of  the  act  cited  in  note  to  preceding  sec- 
tion, and  §  133  of  the  Crimes  and  Punishment  Act  of  1850.  (Stats. 
1S50,  p.  229.)" 

§  554.  Stamping  false  weight,  measure,  or  tare  on  casks 
or  packages.  Every  person  Avho  knowingly  marks  or  stamps 
fidse  or  short  weight  or  measure,  or  fnlsc  tare,  on  nny  cask 


249  FRAUDULENT  ACTS  OF  CORPORATIONS.  §  556 

or  package,  or  knowingly  sells,  or  offers  for  sale,  any  cask 
or  package  so  marked,  is  guilty  of  a  misdemeanor. 

Legislation  §  554.     Enacted    February    14,    1872;    almost    identical 
with  Field's  Draft,  §  G40,  N.  Y.  Pen.  Code,  §  585. 

§  555.  Sellers  to  give  full  weight.  In  all  sales  of  coal,  hay, 
and  other  commodities,  nsually  sold  by  the  ton  or  fractional 
parts  thereof,  the  seller  must  give  to  the  purchaser  full  weight, 
at  the  rate  of  two  thousand  pounds  to  the  ton ;  and  in  all  sales 
of  articles  which  are  sold  in  commerce  by  avoirdupois 
weight,  the  seller  must  give  to  the  purchaser  full  weight,  at 
the  rate  of  sixteen  ounces  to  the  pound;  and  any  person 
violating  this  section  is  guilty  of  a  misdemeanor. 

Legislation  §  555.     Added  by  Code  Amdts.  1875-76,  p.  112. 

§  556.  Sale  of  coal.  No  person  shall  willfully  or  know- 
ingly, with  intent  to  defraud,  sell  or  exchange,  or  offer  or 
expose  for  sale  or  exchange,  coal  of  a  specific  name  or  kind 
under  any  other  name  or  description,  or  as  the  output  of 
any  mine  other  than  the  mine  of  wdiich  it  is  the  product, 
and  any  person  w^ho  shall  violate  any  of  the  provisions  of 
this  section  is  guilty  of  a  misdemeanor. 

Legislation  §  556.     Added  by  Stats.  1915,  p.  1290. 

CHAPTER  XIII.  ' 

Fraudulent  Insolvencies  by  Corporations,  and  Other  Frauds  in  Their 

Management. 

8  557.     Fraud   in   subscriptions  for  stock  of  corporations. 

§  558.  Frauds  in  procuring  organization  of  corporation  or  increasing 
its  capital. 

§  559.     Unauthorized  use  of  name  in  prospectus,  etc. 

§  560.     Misconduct   of   directors    of   stock   corporations. 

§  561.     Savings-bank  officer  overdrawing  his  account. 

§  562.     Eeceiving  deposits  in  insolvent  banks. 

§  563.     Frauds  in  keeping  accounts  in  books  of  corporations. 

§  564.     Officer  of  corporation  publishing  false  reports,  etc. 

§  565.     Officer  of  corporation   to  permit  an  inspection. 

§  566.  Officer  of  railroad  company  contracting  debt  in  its  behalf  ex- 
ceeding its  available  means. 

§  567.     Debt  contracted  in  violation  of  last  section  not  invalid. 

§  568.  Director  of  a  corporation  presumed  to  have  knowledge  of  its 
affairs. 

§  569.  Director  present  at  meeting^  when  presumed  to  have  assented 
to  proceedings. 

§  570.  Director  absent  from  meeting,  when  presumed  to  have  as- 
sented to  proceedings. 

§571.     Foreign  corporations. 

§  572.     "Director"  defined. 

§  573.     Officer   may   not   borrow   cemetery   corporation   funds. 

Code   commissioners'   note  to   Chapter  XIII.     "Most   of  the   pro- 
visions of  this  chapter,  which  are  taken  from  the  New  York  Penal 


§  559  PENAL   CODE.  250 

Coilo  (Field's  Draft]  (§§645  to  G68),  arc  new  lo  our  laws.  The 
fjrcat  iiiiportancc  tliat  corporations  are  assuming  in  the  country, 
the  almost  absolute  power  of  the  directors  over  the  property  of  the 
corporation,  and  the  numerous  frauds  that  are  perjjetrated  upon  the 
community  as  well  as  ujion  shareholders,  point  the  necessity  for 
stringent  penal  enactments." 

§  557.     Fraud  in  subscriptions  for  stock  of  corporations. 

Every  person  Avho  signs  the  name  of  a  fictitious  person  to 
any  subscription  for  or  agreement  to  take  stock  in  any  cor- 
poration existing  or  proposed,  and  every  person  who  sign& 
to  any  sul)scription  or  agreement  the  name  of  any  person, 
knowing  that  such  person  has  not  means  or  does  not  intend 
in  good  faith  to  comply  with  all  the  terms  thereof,  or  under 
any  understanding  or  agreement  that  the  terms  of  such  sub- 
scription or  agreement  are  not  to  be  complied  with  or  en- 
forced, is  guilty  of  a  misdemeanor. 

Subscription  to  articles  of  incorporation:  Civ.  Code,  §  292. 

Subscription  to  capital  stock:  Civ.  Code,  §  293. 

Oath  to  subscription:   Civ.  Code,  §  295. 

Legislation  §  557.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  645.  The  code  commissioners  say:  "This  section  is 
intended  to  reach  a  species'  of  fraud  frequently  practiced  in  the 
organization  of  corporations.  (See  Palmer  v.  Lawrence,  3  Sandf. 
161;  1  Seld.  389.)" 

§  558.  Frauds  in  procuring*  organization  of  corporation, 
or  increasing'  its  capital.  Every  officer,  agent,  or  clerk  of 
any  corporation,  or  of  any  persons  proposing  to  organize  a 
corporation,  or  to  increase  the  capital  stock  of  any  corpora- 
tion, who  knowingly  exhibits  any  false,  forged,  or  altered 
book,  paper,  voucher,  security,  or  other  instrument  of  evi- 
dence to  any  public  officer  or  board  authorized  by  law  to 
examine  the  organization  of  such  corporation,  or  to  in- 
vestigate its  affairs,  or  to  be  allowed  an  increase  of  its 
capital,  with  intent  to  deceive  such  officer  or  board  in  respect 
thereto,  is  punishal)le  by  imprisonment  in  the  state  prison 
not  less  than  three  nor  more  than  ten  years. 

False  certificate,  report,  or  notice.  Civil  lialDility  of  officers:  See 
Civ.  Code,  §  316. 

Corporations,  organization  of:    Civ.  Code,  §§  283  et  seq. 

Records:  Civ.  Code,  S§  377,  378. 

Increasing  stock:   Civ.  Code,  §  359. 

Legislation  §  558.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  645,  N.  Y.  Pen.  Code,  §  592. 

§  559.     Unauthorized    use    of    name   in   prospectus,    etc. 

Every  person  who,  without  being  authorized  so  to  do,  sub- 
scribes the  name  of  another  to  or  inserts  the  name  of  another 
in  any  prospectus,  circular,  or  other  advertisement,  or  an- 
nouncement of  any  corporation  or  joint-stock  association, 


•251  FRAUDULENT  ACTS  OP  CORPORATIONS.  §  561 

cxistijig  oi-  intended  to  be  formed,  with  intent  to  permit  the 
same  to  be  published,  and  thereby  to  lead  persons  to  believe 
that  the  person  whose  name  is  so  subscribed  is  an  officer, 
agent,  member  or  promoter  of  such  eori)oration  or  associa- 
tion, is  guilty  of  a  misdemeanor. 

Frauds  in  procuring  organization,  etc.,  of  corporation:  See  ante,  § 
558. 

Legislation  §  559.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  G47. 

§  560.     Misconduct   of   directors   of   stock   corporations. 

Every  director  of  any  stock  corporation  who  concurs  in  any 
vote  or  act  of  the  directors  of  such  corporation  or  any  of 
them,  by  which  it  is  intended,  either : 

1.  To  make  any  dividend,  except  from  the  surplus  profits 
arising  from  the  business  of  the  corporation,  and  in  the  cases 
and  manner  allowed  by  law^ ;  or, 

2.  To  divide,  withdraw,  or  in  any  manner,  except  as  pro- 
vided by  law,  i)ay  to  the  stockholders,  or  any  of  them,  any 
part  of  the  capital  stock  of  the  corporation  ;  or, 

3.  To  discount  or  receive  any  note  or  other  evidence  of 
debt  in  payment  of  any  installment  actually  called  in  and 
required  to  be  paid,  or  with  the  intent  to  provide  the  means 
of  making  such  payment ;  or, 

4.  To  receive  or  discount  any  note  or  other  evidence  of 
debt,  with  the  intent  to  enable  any  stockholder  to  withdraw 
any  part  of  the  money  paid  in  by  him,  or  his  stock ;  or, 

5.  To  receive  from  any  other  stock  corporation,  in  ex- 
change for  the  shares,  notes,  bonds,  or  other  evidences  of 
debt  of  their  own  coriDoration,  shares  of  the  capital  stock 
of  such  other  corporation,  or  notes,  bonds,  or  other  evi- 
dences of  debt  issued  by  such  other  corporation ; 

— Is  guilty  of  a  misdemeanor. 

Dividends  to  be  made  from  surplus  profits:    Civ.  Code,  §  309. 

Officers  of  bank  making  illegal  loans  or  investments:  See  Civ. 
Code,  §  581. 

Officer  of  bank  advertising  or  making  statement  as  to  capital 
stock  without  showing  amount  paid  up:  See  Civ.  Code,  §  5S3a. 

Persons  engaged  in  banking,  guilty  of  misdemeanor,  unless  true 
name  shown:  See  Civ.  Code,  §  582. 

Legislation  §  560.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  648,  N.  Y.  Pen.  Code,  §  594. 

§  561.     Savings-bank    officer    overdrawing-    his    account. 

Every  officer,  agent,  teller,  or  clerk  of  any  savings  bank,  who 
knowingly  overdraws  his  account  with  such  bank,  and  there- 
by wrongfully  obtains  the  money,  note,  or  funds  of  such 
bank,  is  guilty  of  a  misdemeanor. 


§  5G4  PENAL   CODE.  252- 

Legislation  §  561.  1.  Kimcteil  February  11,  1872;  l);iscfl  ou  Field's 
Draft,  §  (i.")l,  N.  Y.  Pen.  Code,  §  (iOO. 

2.  Aniciidment  by  Slats.  1901,  ji.  UiS;  uiicunstilnt ional.  See  note, 
§  5,  ante. 

§  562.  Receiving-  deposits  in  insolvent  banks.  Every  offi- 
cer, agent,  teller,  or  clerk  of  any  ])a)ik,  and  every  individual 
banker,  or  agent,  teller,  or  clerk  of  any  individual  banker,  who 
receives  any  deposits,  knowing  that  such  bank,  or  associa- 
tion, or  banker  is  insolvent,  is  guilty  of  a  misdemeanor. 

Legislation  §  562.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  ().');"),  N.  Y.  Pen.  Code,  §  GOl. 

2.  Amendment  by  Stats.  1901,  p.  468;  unconstitutional.  See  note, 
§  5,  ante. 

§  563.  Frauds  in  keeping  accounts  in  books  of  corpora- 
tions. Every  director,  officer,  or  agent  of  any  corporation 
or  joint-stock  association,  who  knowingly  receives  or  pos- 
sesses himself  of  any  property  of  such  corporation  or  associa- 
tion, otherwise  than  in  payment  of  a  just  demand,  and  who, 
Avith  intent  to  defraud,  omits  to  make,  or  to  cause  or  direct 
to  be  made,  a  full  and  true  entry  thereof  in  the  books  or 
accounts  of  such  corporation  or  association,  and  every 
director,  officer,  agent,  or  member  of  any  corporation  or 
joint-stock  association  who,  with  intent  to  defraud,  destroys, 
alters,  mutilates,  or  falsifies  any  of  the  books,  papers,  writ- 
ings, or  securities  belonging  to  such  corporation  or  associa- 
tion, or  makes,  or  concurs  in  making,  any  false  entries,  or 
omits,  or  concurs  in  omitting  to  make  any  material  entry  in 
any  book  of  accounts,  or  other  record  or  document  kept  by 
such  corporation  or  association,  is  punishable  by  imprison- 
ment in  the  state  prison  not  less  than  three  nor  more  than 
ten  years,  or  by  imprisonment  in  a  county  jail  not  exceed- 
ing one  year,  and  a  fine  not  exceeding  five  hundred  dollars, 
or  by  both  such  fine  and  imprisonment. 

Frauds  in  procuring  organization,  etc.,  of  corporation:   See  ante, 

§  558. 

Legislation  §  563.     Enacted   February    14,    1872;    almost   identical 

with  Field's  Draft,  §  656. 

§  564.     Officer   of   corporation   publishing'   false   reports, 

etc.  Every  director,  officer,  or  agent  of  any  corporation 
or  joint-stock  association,  wdio  knowingly  concurs  in  mak- 
ing, publishing,  or  posting  either  generally  or  privately  to 
the  stockholders  or  other  persons,  any  written  report,  ex- 
hibit, or  statement  of  its  affairs  or  pecuniary  condition,  or 
book  or  notice  containing  any  material  statement  which  is 
false,  or  any  untrue  or  willfully  or  fraudulently  exaggerated 
report,  prospectus,  account,  statement  of  operations,  values. 


253  FRAUDULENT  xVCTS  OF  CORPORATIONS.  §  56G 

business,  profits,  expenditures,  or  prospects,  or  any  other 
paper  or  document  intended  to  produce  or  give,  or  having 
a  tendency  to  produce  or  give,  the  shares  of  stock  in  such 
corporation  a  greater  value  or  a  less  apparent  or  market 
value  than  they  really  possess,  or  refuses  to  make  any  book 
or  post  any  notice  required  by  law,  in  the  manner  required 
by  law,  is  guilty  of  a  felony.  [Amendment  approved  1905 ; 
Stats.  1905,  p.  hS'S.] 

False  reports  or  frauds:  See  Civ.  Code,  §  316;  ante,  §  558. 
Legislation  §  564.  1.  Enacted  February  14,  1872  (almost  identical 
with  Field's  Draft,  §  657,  N.  Y.  Pen.  Code,  §  611),  and  then  read: 
"Every  director,  officer,  or  agent  of  any  corporation  or  joint-stock 
association,  who  knowingly  concurs  in  making  or  publishing  any 
written  report,  exhibit,  or  statement  of  its  affairs  or  pecuniary  con- 
dition, containing  any  material  statement  which  is  false,  other  than 
such  as  are  mentioned  in  this  chapter,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1875-76,  p.  112,  to  read:  "Every 
director,  officer,  or  agent  of  any  corporation  or  joint-stock  associa- 
tion, who  knowingly  concurs  in  making,  publishing,  or  posting  any 
M'ritten  report,  exhibit,  or  statement  of  its  affairs  or  pecuniary  con- 
dition, or  book  or  notice  containing  any  material  statement  which 
is  false,  or  refuses  to  make  any  book  or  post  any  notice  required 
by  law,  in  the  manner  required  by  law,  other  than  such  as  are  men- 
tioned in  this  chapter,  is  guilty  of  a  felony." 

3.  Amendment  by  Stats.  1901,  p.  468;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  683;  the  code  commissioner  saying, 
"The  amendment  is  intended  to  incorporate  in  the  section  such  pro- 
visions of  the  statute  of  1877-78,  p.  695,  as  are  not  already  suffi- 
ciently expressed  therein.  That  statute,  however,  is  limited  to  cor- 
porations whose  stock  is  listed  on  the  stock  board  or  exchange.  The 
amendment  omits  this  limitation,  for  the  reason  that  its  constitu- 
tionality is  doubtful." 

§  565.     Officer  of  corporation  to   permit  an  inspection. 

Every  of^eer  or  agent  of  any  corporation,  having  or  keeping 
an  office  within  this  state,  who  has  in  his  custody  or  control 
any  book,  paper,  or  document  of  such  corporation,  and  Avho 
refuses  to  give  to  a  stockholder  or  member  of  such  corpora- 
tion, lawfully  demanding,  during  office  hours,  to  inspect  or 
take  a  copy  of  the  same,  or  of  any  part  thereof,  a  reasonable 
opportunity  so  to  do,  is  guilty  of  a  misdemeanor. 

Records  of  corporation:  See  Civ.  Code,  §§  377,  378. 

Legislation  §  565.  Enacted  Februarv  14,  1872;  identical  with 
Field's  Draft,  §  658. 

§  566.  Officer  of  railroad  company  contracting  debt  in  its 
behalf  exceeding'  its  available  means.  Every  officer,  agent, 
or  stockholder  of  any  railroad  company,  who  knowingly 
assents  to  or  has  any  agency  in  contracting  any  del)t  by  or 
on  behalf  of  such  company,  unauthorized  by  a  special  law 
for  the  purpose,  the  amount  of  which  debt,  with  other  debts 


§  570  PENAL   CODE.  254 

of  the  eoinpnny,  exceeds  its  nvailal)le  means  for  the  payment 
of  its  del)ts,  in  its  possession,  under  its  control,  and  belong- 
ing to  it  at  the  time  such  debt  is  contracted,  inclnding  its 
bona  fide  and  availal)le  stock  subKcri])tions,  and  exclusive  of 
its  real  estate,  is  guilty  of  a  misdemeanor. 

Legislation  §  566.  Enacted  February  14,  1872;  identical  with 
Fi(dd's  Draft,  §  602. 

§  567.  Debt  contracted  in  violation  of  last  section  not  in- 
valid. The  last  section  does  not  affect  the  validity  of  a  debt 
created  in  violation  of  its  provisions,  as  against  the  company. 

Legislation  §  567.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  663. 

§  568.  Director  of  a  corporation  presumed  to  have  knowl- 
edge of  its  affairs.  Every  director  of  a  corporation  or  joint- 
stock  association  is  deemed  to  possess  such  a  knowledge  of 
the  affairs  of  his  corporation  as  to  enable  him  to  determine 
whether  any  act,  proceeding,  or  omission  of  its  directors  is 
a  violation  of  this  chapter. 

Legislation  §  568.     Enacted    February    11,    1872;    identical    with 

Field's  Draft,  §  664. 

§  569.  Director  present  at  meeting-,  when  presumed  to 
have  assented  to  nroceedinps.  Everv  director  of  a  corpora- 
tion or  ioint-stock  association  Avho  is  present  at  a  meetinp- 
of  the  directors  at  which  any  act,  proceeding,  or  omission  of 
such  directors,  in  violation  of  this  chapter  occurs,  is  deemed 
to  have  concurred  therein,  unless  he  at  the  time  causes  or 
in  writing  requires  his  dissent  therefrom  to  be  entered  in  the 
minutes  of  the  directors. 

Presence  of  directors:  See  Civ.  Code,  §§  309,  377. 

Legislation  §  569.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  665. 

§  570.  Director  absent  from  meeting*,  when  presumed  to 
have  assented  to  r»roceedina's.  Every  director  of  a  corpora- 
tion or  joint-stock  association,  althousch  not  nrese^Tt  at  a 
meeting  of  the  directors  at  which  any  act,  T)roceeding,  or 
omission  of  such  directors,  in  violation  of  this  chapter  occurs, 
is  deemed  to  have  concurred  therein,  if  the  facts  constituting 
such  violation  appear  on  the  records  or  minutes  of  the  pro- 
ceedings of  the  board  of  directors,  and  he  remains  a  director 
of  the  same  company  for  six  months  thereafter,  and  does  not 
within  that  time  cause,  or  in  writing  i-equire,  his  dissent  from 
such  illegality  to  be  entered  in  the  minutes  of  the  directors. 
Legislation  §  570.     Enacted    February    14,    1872;    identical    with 

Field's  Draft,  §  666. 


255  FALSE  DOCtJJMENTS  OF   TITLE   TO   MERCHxVNDISE.         §  577 

§  571.  Foreign  corporations.  It  is  no  defense  to  a  prose- 
cution for  a  violation  of  the  provisions  of  this  chapter,  that 
the  corporation  was  one  created  by  the  laws  of  another  state, 
government,  or  country,  if  it  Avas  one  carrying  on  business  or 
keeping  an  office  therefor  within  this  state. 

Legislation  §  571.     Enacted    February    14,    1872;    identical    with 
Field's  Draft,  §  667. 

§572.  "Director"  defined.  The  term  "director,"  as 
used  in  this  chapter,  embraces  any  of  the  persons  having  by 
law  the  direction  or  management  of  the  affairs  of  a  corpora- 
tion, by  whatever  name  such  persons  are  described  in  its 
charter  or  knoAvn  by  law. 

Legislation  §  572.     Enacted    February    14,    1872;    identical    with 
Field's  Draft,  §  668. 

§  573.    Officer  may  not  borrow  cemetery  corporation  funds. 

No  director  or  officer  of  any  cemetery  coi'])oration  or  associa- 
tion shall,  directly  or  indirectly,  for  himself  or  as  the  part- 
ner or  agent  of  others,  borrow  any  of  the  funds  of  such  cor- 
poration or  association,  nor  shall  he  become  an  indorser  or 
surety  for  loans  to  others,  nor  in  anv  manner  be  an  obligor 
for  moneys  borroAved  of  or  loaned  by  such  corporation  or 
association,  noi'  shnll  a  corporation  of  which  a  director  or  an 
officer  is  a  stockholder  or  in  which  either  of  them  is  in  any 
manner  interested  borrow  any  of  such  funds.  The  office 
of  any  director  or  officer  who  acts  or  permits  actiou  in  con- 
travention of  the  provisions  of  this  section  immediately 
thereupon  becomes  vacant  and  every  director  or  officer  au- 
thorizing or  consenting  to  such  loau.  and  the  person  who 
receives  such  loan,  shall  severally  be  guilty  of  a  misde- 
meanor. 

Legislation  §  573.     Added  by  Stats.  1911,  p.  344. 

CHAPTER  XIV. 
Fraudulent  Issue  of  Documents  of  Title  to  Merchandise. 

§  .577.     Issuing^  fictitious  bills  of  lading,  etc. 

§  .578.     Issuing    fictitious    warehouse    receipts. 

§  579.  Erroneous  bills  of  lading  or  receipts  issued  in  good  faith  ex- 
cented. 

§  .580.     Duplicate  receipts  must  be  marked   "Duplicate." 

§581.  Sellinff.  hypothecating,  or  pledging  property  received  for  trans- 
portation or  storage. 

§  582.  Bill  of  lading  or  receipt  issued  by  warehouseman  must  be 
canceled  on  redelivery  of  the  property.     [Repealed.] 

§  583.     Property  demanded  by  process  of  law. 

§  577.  Issuing-  fictitious  bills  of  lading,  etc.  Every  per- 
son, being  the  master,  owner,  or  agent  of  any  vessel,  or 


§  579  PENAI>   CODE.  256 

officer  or  ayeiit  of  any  railroad,  express,  or  transportation 
company,  or  otherwise  being  or  representing  any  carrier, 
who  delivers  any  bill  of  lading,  receipt,  or  other  voucher, 
by  which  it  appeai-s  that  any  merchandise  of  any  descrip- 
tion has  been  shijjped  on  board  any  vessel,  or  delivered  to 
any  railroad,  express,  or  transportation  company  or  other 
carrier,  unless  the  same  has  been  so  shipped  or  delivered, 
and  is  at  the  time  actually  under  the  control  of  such  carrier, 
or  the  master,  owner,  or  agent  of  such  vessel,  or  of  some 
officer  or  agent  of  such  company,  to  be  forwarded  as  ex- 
pressed in  such  bill  of  lading,  receipt,  or  voucher,  is  punish- 
able by  imprisonment  in  the  state  prison  not  exceeding  five 
.years,  or  by  a  fine  not  exceeding  one  thousand  dollars,  or 
both. 

Bill  of  lading:  See  Civ.  Code,  §§2126  et  seq. 

False  manifest,  invoice,  bill  of  lading,  etc.,  issuing  of:   Sec  ante, 

§  541;  post,  §  578. 

Legislation  §  577.     Enacted    February    14,    1872;    identical    with 
.Field's  Draft,  §  683,  N.  Y.  Pen.  Code,  §  629. 

§  578.  Issuing  fictitious  w^arehouse  receipts.  Every  per- 
son carrying  on  the  business  of  a  warehouseman,  wharf- 
inger, or  other  depositary  of  property,  who  issues  any  're- 
ceipt, bill  of  lading,  or  other  voucher  for  any  merchandise 
of  any  description,  w-hich  has  not  been  actually  received 
upon  the  premises  of  such  person,  and  is  not  under  his 
actual  control  at  the  time  of  issuing  such  instrument, 
whether  such  instrument  is  issued  to  a  person  as  being  the 
owner  of  such  merchandise  or  as  security  for  any  indebted- 
ness, is  punishable  by  imprisonment  in  the  state  prison  not 
exceeding  five  years  or  by  a  fine  not  exceeding  one  thou- 
sand dollars,  or  both. 

Bill  of  lading:   See  Civ.  Code,  §§  2126  et  seq. 
False  bill  of  lading,  manifest,  invoice,  etc.:  See  ante,  §§  541,  577. 
Legislation  §  578.     Enacted   February    14,    1872;    identical    with 
Field's  Draft,  §  684,  N.  Y.  Pen.  Code,  §  629. 

§  579.  Erroneous  bills  of  lading  or  receipts  issued  in 
good  faith  excepted.  No  person  can  be  convicted  of  an 
offense  under  the  last  two  sections  by  reason  that  the  con- 
tents of  any  barrel,  box,  case,  cask,  or  other  vessel  or  pack- 
age mentioned  in  the  bill  of  lading,  receipt,  or  other 
voucher  did  not  correspond  with  the  description  given  in 
such  instrument  of  the  merchandise  received,  if  such  de- 
scription corresponded  substantially  with  the  marks,  labels, 
or  brands  upon  the  outside  of  such  vessel,  or  package,  un- 
less it  appears  that  the  accused  knew  that  such  marks, 
labels,  or  brands  Avere  untrue. 


257  FALSE   DOCUMENTS  OF   TITLE   TO    MERCHANDISE.         §  583 

Legislation  §  579.     Enacted    February    14,    1872;    identical    with 
Field's  Drafr,  §  685,  N.  Y.  Pen.  Code,  §  G30. 

§  580.    Duplicate  receipts  must  be  marked  "Duplicate." 

Every  person  mentioned  in  this  chapter,  who  issues  any 
second  or  duplicate  receipt  or  voucher,  of  a  kind  specified 
therein,  at  a  time  while  any  former  receipt  or  voucher  for 
the  merchandise  specified  in  such  second  receipt  is  outstand- 
ing and  uncanceled,  without  writing  across  the  face  of  the 
same  the  word  "Duplicate,"  in  a  plain  and  legible  manner, 
is  punishable  by  imprisonment  in  the  state  prison  not  ex- 
ceeding five  years,  or  by  a  fine  not  exceeding  one  thousand 
dollars,  or  both. 

Duplicate  bills:   See  Civ.  Code,  §  2130. 

Legislation  §  580.     Enacted  February   14,  1872;    almost  identical 
with  FieM's  Draft,  §  686,  N.  Y.  Pen.  Code,  §  631. 

§  581.  Selling-,  hypothecating,  or  pledging-  property  re- 
ceived for  transportation  or  storage.  Every  person  men- 
tioned in  this  chapter,  wlio  sells,  hypothecates,  or  pledges 
any  merchandise  for  which  any  bill  of  lading,  receipt,  or 
voucher  has  been  issued  by  him,  without  the  consent  in  writ- 
ing thereto  of  the  person  holding  such  bill,  receipt,  or 
voucher,  is  punishable  by  imprisonment  in  the  state  prison 
not  exceeding  five  years,  or  by  a  fine  not  exceeding  one  thou- 
sand dollars,  or  lioth. 

Legislation  §  581.     Enacted  February   14,   1872;    almost  identical 

witli  Field's  Draft,  §  687,  N.  Y.  Pen.  Code,  §  632. 

§  582.  Bill  of  lading  or  receipt  issued  by  a  warehouseman 
must  be  canceled  on  redelivery  of  the  property.  [Repealed 
1874;  Code  Amdts.  1873-74,  p.  434.] 

Legislation  §  582.     1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  688,  N.  Y.  Pen.  Code,  §  633. 

2,  Eepealed  by  Code  Amdts.  1873-74,  p.  434. 

§  583.  Property  demanded  by  process  of  law.  The  last 
two  sections  do  not  apply  where  property  is  demanded  or 
sold  by  virtue  of  process  of  law. 

Legislation  §  583.     Enacted  February   14,   1872;   based  on  Field's 
Draft,  §  689,  N.  Y.  Pen.  Code,  §  634. 
Pen.  Code — 17 


§  587a  PENAL  CODE.  258 


CHAI^TKK  XV. 

Malicious  Injuries  to  Railroad  Bridges,  Highways,  Bridges,  and  Tele- 
graphs. 

§  nS7.     Injuries  to  railroads  and  railroad  bridges. 

§  5S7a.  Tampering  with   air-brakes. 

§  5S7b.  Tres|iassing  on  railroad  trains. 

§  5S7e.  Evading  payment  of  railroad  fare. 

§  .188.     Digging  up,  etc.,  state  highway. 

§  588a.  Throwing  glass  upon  highway. 

§  588b.  Engineering  department  may  close  roads.     May  erect  barriers. 

Penalty  for  breaking  down  barriers. 
§  588e.  Eemoving  stakes,  etc.,  on  state  highway,  misdemeanor. 
§  589.     Injuries  to  toll  houses  and  gates. 
§  590.     Injuries   to   guide-posts. 

§  590a.  Informer  to  receive  half  of  fines  collected. 
§  590b.  Driving  over  public  bridges. 
§  591.     Injuries   to  telegraph   or  telephone  lines. 

§  592.     Water-ditches,  etc.,  penalty  for  trespass  or  interference  with. 
§  593.     Penalty  for  interference  with  electric  wires. 
§  593a.  Driving  nails,  etc.,  in  wood  intended  for  manufacture  of  lum- 
ber. 

§  587.  Injuries  to  railroads  and  railroad  bridges.  Every 
person  who  maliciously,  either: 

1.  Removes,  displaces,  injures,  or  destroys  any  part  of  any 
railroad,  whether  for  steam  or  horse  cars,  or  any  track  of 
any  railroad,  or  any  branch  or  branch  way,  switch,  turnout, 
bridge,  viaduct,  culvert,  embankment,  station-house,  or 
other  structure  or  fixture,  or  any  part  thereof,  attached  to 
or  connected  w4th  any  railroad;  or, 

2.  Places  any  obstruction  upon  the  rails  or  track  of  any 
railroad,  or  of  any  switch,  branch,  branchway,  or  turnout 
connected  with  any  railroad ; 

— Is  punishable  by  imprisonment  in  the  state  prison  not 
exceeding  five  years,  or  in  the  county  jail  not  less  than 
six  months. 

Placing  obstructions  on  tracks:    See  ante,  §  218, 

Malicious  injuries  to  bridge:   See  post,  §  607. 

Legislation  §  587,  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  690,  N.  Y,  Pen.  Code,  §  635;  Stats.  1861,  p.  625,  §  53. 

2.  Amendment  by  Stats.  1901,  p.  468;  unconstitutional.  See  note, 
§  5,  ante. 

§  587a.  Tampering  with  air-brakes.  Every  person,  who, 
without  being  thereunto  duly  authorized  by  the  owner, 
lessee,  or  person  or  corporation  engaged  in  the  operation 
of  any  railroad,  shall  manipulate  or  in  any  wise  tamper  or 
interfere  with  any  air-brake  or  other  device,  appliance  or 
apparatus  in  or  upon  any  car  or  locomotive  upon  such  rail- 
road, and  u^ed  or  provided  for  use  in  the  operation  of  such 


259      INJURIES   TO   RAILROADS,   HIGHWAYS,    BRIDGES,    P:TC.       §  588 

car  or  locomotive,  or  of  any  train  upon  such  railroad,  or  with 
any  switch,  signal  or  other  appliance  or  apparatus  used  or 
provided  for  use  in  the  operation  of  such  railroad,  shall  be 
deemed  guirty  of  a  misdemeanor. 

Legislation  §  587a.  Added  by  Stats.  1909,  p.  60S;  approved  March 
22,  1909.  At  tlTe  same  session  of  the  legislature,  another  section 
numbered  5S7a  was  enacted  (Stats.  1909,  p.  453),  approved  March  19, 
1909,  differing  from  the  text,  supra,  only  in  the  fact  that  it  con- 
tained, at  the  end  of  the  section,  a  punishment  clause,  reading,  "and 
iipon  conviction  thereof  shall  be  punished  by  fine  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  not  exceeding  three  months,  or 
by  both  such  fine  and  imprisonment." 

§  587b.  Trespassing  on  railroad  trains.  Every  person, 
who  shall,  without  being  thereunto  authorized  by  the  owner, 
lessee,  person  or  corporation  operating  any  railroad,  enter 
into,  climb  upon,  hold  to,  or  in  any  manner  attach  himself 
to  any  locomotive-engine  tender,  freight  or  passenger  car 
upon  such  railroad,  or  any  portion  of  any  train  thereon,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof  shall  be  punished  by  a  fine  not  exceeding  fifty  dol- 
lars, or  by  imprisonment  not  exceeding  thirty  days,  or  by 
both  such  fine  and  imprisonment. 

Legislation  §  587b.     Added  by  Stats.  1909,  p.  590. 

§  587c.  Evading  payment  of  railroad  fare.  Every  per- 
son-who  fraudulently  evades,  or  attempts  to  evade  the  pay- 
ment of  his  fare,  while  traveling  upon  any  railroad,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  more  than  five 
hundred  dollars,  or  imprisonment  not  exceeding  six  months, 
or  by  both  such  fine  and  imprisonment. 

Legislation  §  587c.  Added  by  Stats.  1909,  p.  575.  The  code  com- 
missioners in  1901  made  an  addition  of  a  section  covering  the  oifense 
specified  supra  (Stats.  1901,  ji.  156,  §  369g) ;  unconstitutional.  See 
note,  §  5,  ante. 

§  588.  Digging  up,  etc.,  state  highway.  Every  person 
who  maliciously  digs  up,  removes,  displaces,  breaks  down 
or  otherwise  injures  or  destroys  any  state  or  other  public 
highway  or  bridge,  or  any  private  way,  laid  out  by  au- 
thority of  law,  or  bridge  upon  any  such  highway  or  private 
Avay,  wdiere  the  amount  of  damage  done  by  the  violation  of 
any  of  the  provisions  of  this  act  is  five  hundred  dollars  or 
more,  is  punishable  by  imprisonment  in  the  state  prison 
not  exceeding  five  years  or  in  the  county  jail  not  exceeding 
one  year;  provided,  however,  if  such  damage  amounts  to 
less  than  five  hundred  dollars,  every  person  violating  any 
of  the  provisions  of  this  act  shall  be  guilty  of  a  misde- 
meanor.    [Amendment  approved  1915;  Stats.  1915,  p.  180.] 


§  588b  PENAL   CODE.  260 

Malicious  injuries  to  bridges:   Sec;  post,  §  COT. 

Legislation  §  588.  1.  Kiuu-ted  February  14,  1872;  based  on  Field's 
Draft,  §  61)2,  iN.  Y.  Pen.  Code,  §  (339;  atats.  1861,  p.  3<J7,  §  20; 
Stats.  1S61,  p.  625,  §  53;  Stats.  1S55,  p.  192,  §§  12,  13.  It  then  read: 
''Every  person  who  maliciously  digs  up,  removes,  disf)Iaces,  breaks, 
or  otherwise  injures  or  destro3's  an^^  public  liighway  or  bridge,  or 
any  private  way  laid  out  by  authority  of  law,  or  bridge  upon  such 
highway  or  private  way,  is  punishable  by  imprisoinnent  in  the  state 
prison  not  exceeding  five  years,  or  in  the  county  jail  uot  exceeding 
one  year." 

2.  Amended  by  Stats.  1915,  p.  ISO. 

§  588a.  Throwing  glass  upon  highway.  Any  person  who 
tlirows  or  deposits  any  glass  bottle,  glass,  nails,  taclis,  hoops, 
wire,  cans  or  any  other  substance  likely  to  injure  any  per- 
son, animal  or  vehicle  upon  any  public  highAvay  in  the  state 
of  California  shall  be  guilty  of  misdemeanor. 
Legislation  §  588a.     Added  by  Stats.  1911,  p.  91. 

§  588b.     Engineering  department  may  close  roads.     May 
erect  barriers.     Penalty  for  breaking  down  barriers.     If  it 

shall  appear  necessary  to  the  state  department  of  engineer- 
ing, its  officers  or  appropriate  employees,  to  close  any  road 
or  highway  coming  under  its  jurisdiction  so  as  to  permit 
of  proper  completion  of  w^ork  which  is  being  performed, 
such  department,  its  officers  or  appropriate  employees,  may 
close,  or  cause  to  be  closed,  the  whole  or  any  portion  of 
such  road  or  highway  deemed  necessary  to  be  excluded  from 
public  travel.  While  any  such  road  or  highway,  or  por- 
tion thereof,  is  so  closed,'  or  while  any  such  road  or  high- 
way, or  portion  thereof,  is  in  process  of  construction  or 
maintenance,  such  department,  its  officers  or  appropriate 
employees,  or  its  contractor  under  authority  from  such  de- 
partment or  the  appropriate  officers  or  employees  of  such 
department,  may  erect  or  cause  to  be  erected,  suitable  bar- 
riers or  obstructions  thereon,  may  post,  or  cause  to  be 
posted,  conspicuous  notices  to  the  eff'ect  that  the  road  or 
highway,  or  portion  thereof,  is  closed  or  directing  the  trai^c, 
and  may  place,  or  cause  to  be  placed,  warning  lights  and 
lanterns  on  such  road  or  highAvay,  or  portion  thereof. 
AVhen  such  road  or  highway  is  closed  to  the  public  or  in 
process  of  construction  or  maintenance,  as  provided  herein, 
any  person  who  willfully  breaks  dow^n,  removes,  injures  or 
destroys  any  such  barriers  or  obstructions,  or  tears  down, 
removes  or  destroys  any  such  notices,  or  extinguishes,  re- 
moves, injures  or  destroys  any  such  warning  lights  or  lan- 
terns, so  erected,  posted  or  placed  by  such  department  of 
engineering,  its  oi!ieers,  appropriate  employees,  or  its  au- 
thorized contractor,  shall  be  guilty  of  a  misdemeanor. 
Legislation  §  588b.     Added  by  Stats.  1915,  p.  641. 


■261      INJURIES   TO    RAILROADS,    HIGHWAYS,    BRIDGES,    ETC.       §  591 

§  588c.  Removing-  stakes,  etc.,  on  state  highway,  mis- 
demeanor. Any  person  who  willfully  injures,  defaces, 
breaks  down  or  removes  any  monument  or  stake  placed, 
erected  or  used  by  the  state  department  of  engineering,  its 
officers  or  employees  for  the  purpose  of  designating  any 
point  in  the  boundary  or  survey  of  any  state  road  or  high- 
way on  or  along  any  such  road  or  highway,  or  as  a  part  of 
such  road  or  highway  work,  shall  be  guilty  of  a  misde- 
meanor. 

Legislation  §  588c.     Added  by  Stats.  1915,  p.  ISO. 

§  589.  Injuries  to  toll  houses  and  gates.  Every  person 
who  maliciously  injures  or  destroys  any  toll-house  or  turn- 
pike-gate, is  guilty  of  a  misdemeanor. 

Legislation  §  589.     Enacted   February   14,   1872;   based   on  Field's 

Draft,  §  693,  N.  Y.  Pen.  Code,  §  639;  Stats.  1853,  p.  176,  §  32. 

§  590.  Injuries  to  guide-posts.  Every  person  who  mali- 
ciously removes,  destroj's,  injures,  breaks  or  defaces  any 
mile  post,  board  or  stone,  or  guide-post  erected  on  or  near 
any  highway,  or  any  inscription  thereon,  is  guilty  of  a 
misdemeanor.  [Amendment  approved  1907;  Stats.  1907, 
p.  892.] 

Legislation  §  590.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §694,  N.  Y.  Pen.  Code,  §639;  Stats.  1853,  p.  176,  §32),  and 
then  read:  "Every  person  who  maliciously  removes  or  injures  any 
mile  board,  post,  or  stone,  or  guide-post,  or  any  inscription  on  such, 
erected  upon  anv  highway,  is  guilty  of  a  misdemeanor." 
2.  Amended  by  Stats.  i907,  p.  892. 

§  590a.     Informer  to  receive  half  of  fines  collected.     One 

half  of  all  fines  imposed  and  collected  under  the  provisions 
of  section  five  hundred  and  ninety  shall  be  paid  to  the  in- 
former who   first   causes   a   complaint  to   be   filed   charging 
the  defendant  with  the  violation  of  said  section. 
Legislation  §  590a.     Added  by  Stats.  1907,  p.  892. 

§  590b.  Driving  over  public  bridges.  Every  person  who 
rides  or  drives  faster  than  a  walk  across  any  bridge  on  a 
public  highway,  upon  which  bridge  there  is  displayed  a  sign 
or  notice  stating  that  it  is  illegal  to  ride  or  drive  faster 
than  a  walk  across  the  same,  is  guilty  of  a  misdemeanor. 
Legislation  §  590b.     Added  by  Stats.  1911,  p.  428. 

§  591.  Injuries  to  telegraph  or  telephone  lines.  Every 
person  who  maliciously  takes  down,  removes,  injures  or 
obstructs  or  makes  any  unauthorized  connection  with  any 
line  of  telegraph  or  telephone,  or  any  other  line  used  to 
conduct  electricity,  or  any  part  thereof,  or  appurtenances 
or    apparatus    connected    therewith,     or    severs    any     wire 


§  593  PENAL   CODE.  262 

thereof,  is  guilty  of  a  misdemennor.     [AmeDdment  ap])roved 
1909;  stats.  1909,  p.  272.] 

Legislation  §  591.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §69.5,  N.  Y.  Pen.  Code,  §  (i.39;  Stats.  18G2.  p.  288,  §  8),  and 
then  read:  "Every  person  wlio  malieionsly  takes  down,  removes,  in- 
.iures,  or  obstrncts  any  line  of  telegraph,  or  anj^  part  thereof,  or 
appurtenance  or  apparatus  connected  therewith,  or  severs  any  wire 
tliereof,  is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  469;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  68.3,  to  read:  "Every  person  who 
maliciously  takes  down,  removes,  injures,  or  obstructs  any  line  of 
telegraph  or  telephone,  or  any  other  line  used  to  conduct  electricity, 
or  any  part  thereof,  or  appurtenances  or  apparatus  connected  there- 
with, or  severs  any  wire  thereof,  is  guilty  of  a  misdemeanor." 

4.  Amended  by  Stats.  1909,  p.  272. 

§  592.  Water-ditches,  etc.,  penalty  for  trespass  or  inter- 
ference with.  Every  person  Avho  shall,  without  authority  of 
the  owner  or  managing  agent,  and  with  intent  to  defraud, 
take  water  from  any  canal,  ditch,  flume  or  reservoir  used 
for  the  purpose  of  holding  or  conveying  water  for  manu- 
facturing, agricultural,  mining,  irrigating  or  generation  of 
power,  or  domestic  uses,  or  who  shall  without  like  author- 
ity, raise,  lower  or  otherwise  disturb  any  gate  or  other  ap- 
paratus thereof,  used  for  the  control  or  measurement  of 
water,  or  who  shall  empty  or  place,  or  cause  to  be  emptied 
or  placed,  into  any  such  canal,  ditch,  flume  or  reservoir, 
any  rubbish,  filth  or  obstruction  to  the  free  flow  of  the 
water,  is  guilty  of  a  misdemeanor.  [Amendment  approved 
1899;  Stats.  1899,  p.  146.] 

stealing  water:   See  ante,  §  499. 

Malicious  injury  to  canal,  flume,  etc.:  See  post,  §  607. 

Legislation  §  592.     1.  Added  by  Code  Amdts.  1877-78,  p.  118. 

2.  Amended  by  Stats.  1899,  p.  146,  (1)  adding  "irrigating  or  gen- 
eration of  power"  after  "mining,"  and  (2)  substituting  "apparatus" 
for  "appurtenance." 

§  593.     Penalty    for    interference    with    electric    wires. 

Every  person  who  unlawfully  and  maliciously  takes  down, 
removes,  injures,  interferes  with,  or  obstructs  any  line 
erected  or  maintained  by  proper  authority  for  the  purpose 
of  transmitting  electricity  for  light,  heat,  or  power,  or  any 
part  thereof,  or  any  insulator  or  cross-arm,  appurtenance  or 
apparatus  connected  therewith,  or  severs  or  in  any  way 
interferes  with  any  wire,  cable,  or  current  thereof,  is  punish- 
able by  imprisonment  in  the  state  prison  not  exceeding  five 
years,  or  by  fine  not  exceeding  five  hundred  dollars,  or 
imprisonment  in  the  county  jail  not  exceeding  one  year. 
Legislation  §  593.  Added  by  Stats.  1901,  p.  92,  becoming  a  law, 
under  constitutional  provision,  without  governor's  approval. 


263  DRIVING  NAILS  iN   WOOD  INTENDED  FOR  LUMBER.       §  O^'^'d 

§  593a.  Driving  nails,  etc.,  in  wood  intended  for  manu- 
facture of  lumber.  Every  person  who  maliciously  drives 
or  places  in  any  saw-log,  shingle-bolt,  or  other  wood,  any 
iron,  steel,  or  other  substance  sufficiently  hard  to  injure 
saws,  knowing  that  such  saw-log,  shingle-bolt,  or  other  wood 
is  intended  to  be  manufactured  into  any  kind  of  lumber,  is 
guilty  of  a  felony. 

Legislation  §  593a.  1.  Addition  by  Stats.  1901,  p.  469;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  683;  the  code  commissioner  saying, 
"This  is  a  codification  of  the  statute  of  1875-76,  p.  32,  relating  to 
the  protection  of  lumber  manufa.'turei's." 


PENAL    CODE.  264 

TITLE    XIV. 
Malicious  Mischief. 

S59t.     Malicious  mischief   in  general,  defined. 

§  595.  Specifications  in  following  sections  not  restrictive  of  last  sec- 
tion. 

§  596.     Poisoning  cattle. 

§  597.     Cruelty  to  animals. 

§  597a.  Unnecessary  torture,  suffering  or  cruelty. 

§  597a.  Docking  tails  of  horses. 

§  597b.  Fighting  animals. 

§  597b.  Registration   of  docked  horses.     County   clerk   to  keep   record. 

§  597c.  Evidence. 

S  597c.  Training  for  fighting,  or  being  present  at  fight. 

§  597d.  Arrests  without  warrants. 

§  597d.  Violation   a   misdemeanor.     Certain   stock  excepted. 

§  597e.  Impounding  without  food  or  water. 

§  597f.  Permitting  animals  to  go  without  care.  Abandoned  animals 
to  be  killed. 

S  597g.  Keepers  of  stallions,  etc. 

§  598.     Killing,  etc.,  birds  in  cemeteries. 

§  59.'^a.  Killing  or  detaining  homing  pigeons. 

8  599.     Killing  gulls  or  cranes.     Destroying  nests  or  eggs. 

§  599a.  Prosecutions. 

S  599b.  Words  defined. 

§  599c.  Not  to  interfere  with  game  laws. 

§  599d.  Docking  of  tails. 

§  599e.  Animals  to  be  killed  when  unfit  for  work. 

§  599f.  Killing  of  elk  a  felony. 

§  600.     Burning  structures,  etc.,  not  the  subject  of  arson. 

§  601.     Malicious  use  of  dynamite.     Penalty. 

§  602.     Malicious  injury  to  freehold. 

§  603.  Limitation  upon  the  operations  of  the  preceding  section. 
[Eepealed.] 

§  604.     Injuries  to  standing  crops,  etc. 

§  605.     Eemoving.  defacing,   or  altering  landmarks. 

§  606.     Destroying  or  injuring  jails. 

§  607.     Destroying  or  injuring  bridges,  dams,  levees,  etc. 

§  608.     Burning  or  injuring  rafts. 

§  608a.  Setting  vessels  adrift. 

S  608b.  Injuring  vessels. 

S  608c.  Sinking  vessels  a  felony. 

§  609.     Damages,  etc.,  to  buoy  or  beacon. 

§  610.     Masking  or  removing  signal  lights,  or  exhibiting  false  lights. 

§  611.     Obstructing  navigable  streams. 

§  612.     Depositing  sawdust,  etc.,  in  Humboldt  Bay. 

§  613.  Throwing  overboard  ballast,  or  otherwise  obstructing  the 
navigation  of  any  harbor,  etc. 

§  614.     Mooring  vessels  to  buoys. 

§  615,  Injuries  to  signals,  monuments,  etc.,  erected  in  United  States 
coast  survey. 

§  616.  Destroying  or  tearing  down  notices,  etc.,  before  expiration  of 
time  for  which  they  were  to  remain  set  up. 

§  617.     Injuring   or   destroying  written    instrument. 

§  618.     Opening  or  publishing  sealed  letters. 

§  619.     Disclosing   contents  of  telegraphic   or  telephonic   messages. 


265  MALICIOUS   MISCHIEF.       INJURY   TO   ANIMALS.  §  597 

§  620.  Altering  telegraphic  or  telephonic  messages. 

§  621,  Opening  telegraphic  or  telephonic  messages. 

§  622.  Injuring  works  of  art  or  improvements  in  any  city,  town,  or 

village. 

§  623.  Mutilation  of  books,  etc.,  in  public  libraries  and  museums. 

§  623^.  Willful   detention  of  library  books. 

§  624.  Breaking  or  obstructing  gas  or  water  pipes,  etc. 

§  625.  Drawing  water  from  works  after  they  have  been  closed. 

§  625a.  Unlawful  interferences  with  fire-alarm  apparatus.     Penalty. 

§  594.     Malicious    mischief    in    general,    defined.     Every 
person  Avho  maliciously  injures  or  destroys  any  real  or  per- 
sonal property  not  his  own,  in  cases  otherwise  than  such  as 
are  specified  in  this  code,  is  guilty  of  a  misdemeanor. 
Jurisdiction  of  police  court:   See  Pol.  Code,  §  4426. 
Legislation  §  594.     Enacted  February   14,   1872;    based   on   Field's 
Draft,  §  696,  N.  Y.  Pen.  Code,  §  640. 

§  595.     Specifications  in  following  sections  not  restrictive 
of  last  section.     The  specification  of  the  acts  enumerated  in 
the  following  sections  of  this  chapter  is  not  intended  to  re- 
strict or  cpialify  the  interpretation  of  the  preceding  section. 
Legislation  §  595.     1.  Enacted  February  14,  1872;  almost  identical 
with  Field's  Draft,  §  697. 

2.  Amendment  by  Stats.  1901,  p.  469;  unconstitutional.  See  note, 
§  5,  ante. 

§  596.  Poisoning  cattle.  Eveiy  person  who  willfully  ad- 
ministers any  poison  to  an  animal,  the  property  of  another, 
or  maliciously  exposes  any  poisonous  substance,  with  the 
intent  that  the  same  shall  be  taken  or  swallowed  by  any  such 
animal,  is  punishable  by  imprisonment  in  the  state  prison 
not  exceeding  three  years,  or  in  the  county  jail  not  exceed- 
ing one  year,  and  a  fine  not  exceeding  five  hundred  dollars. 

Cruelty  to  animals:  See  post,  §  597. 

Legislation  §  596.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  698,  N.  Y.  Pen.  Code,  §  660. 

§  597.  Cruelty  to  animals.  Every  person  w^ho  maliciously 
kills,  maims,  or  Avounds  an  animal,  the  property  of  another, 
or  who  overdrives,  overloads,  drives  when  overloaded,  over- 
works, tortures,  torments,  deprives  of  necessary  sustenance, 
drink  or  shelter,  cruelly  beats,  mutilates,  or  cruelly  kills  any 
animal,  or  causes  or  procures  any  animal  to  be  so  over- 
driven, overloaded,  driven  Avhen  overloaded,  overworked, 
tortured,  tormented,  deprived  of  necessary  sustenance,  drink 
or  shelter,  or  to  be  cruelly  beaten,  mutilated  or  cruelly 
killed;  and  whoever,  having  the  charge  or  custody  of  any 
animal,  either  as  owner  or  otherwise,  subjects  any  animal 
to  needless  sutfering,  or  inflicts  unnecessary  cruelty  upon 
the  same,  or  in  any  manner  abuses  any  animal,  or  fails  to 


§  597a  PENAL  CODE.  266 

provide  the  same  with  i)ropcr  food,  drink,  shelter  or  protec- 
tion from  the  weather,  or  who  drives,  rides  or  otherwise 
uses  the  same  when  unfit  for  labor,  is  for  every  such  offense, 
guilty  of  a  misdemeanor.  [Amendment  approved  1909; 
Stats.  1909,  p.  999.] 

Act  to  prevent  cruelty  to  animals:  See  post,  Appendix,  tit.  "Ani- 
mals." 

Legislation  §  597.  1.  Enacted  February  14,  1872  (almost  identical 
with  Field's  Draft,  §  699),  and  then  read:  "Every  person  who  mali- 
ciously kills,  maims,  or  wounds  an  animal,  the  jiroperty  of  another, 
or  who  maliciously  and  cruelly  beats,  tortures,  or  injures  any  animal, 
whether  belonging  to  himself  or  another,  is  guilty  of  a  misde- 
meanor." 

2.  Amendment  by  Stats.  1901,  p.  469;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  679,  and  then  read  the  same  as  the 
amendment  of  1909,  except  that  it  had  the  word  "cruelly"  before 
"drives,  rides,"  at  end  of  section;  the  code  commissioner  saying, 
"The  amendment  consolidates  the  present  §  597  with  §  6  of  the  stat- 
ute of  1873-74,  p.  499,  as  amended  1901,  p.  285,  for  the  more  effectual 
prevention  of  crueltv  to  animals." 

4.  Amended  by  Stats.  1909,  p.  999. 

§  597a.  Unnecessary  torture,  suffering"  or  cruelty.  Who- 
ever carries  or  causes  to  I  e  carried  in  or  upon  any  vehicle 
or  otherwise  any  domestic  animal  in  a  cruel  or  inhuman 
manner,  or  knowingly  and  willfully  authorizes  or  permits 
it  to  be  subjected  to  unnecessary  torture,  suffering,  or  cru- 
elty of  any  kind,  is  guilty  of  a  misdemeanor;  and  whenever 
an^^  such  person  is  taken  into  custody  therefor  by  any  offi- 
cer, such  officer  must  take  charge  of  such  vehicle  and  its  con- 
tents, together  with  a  horse  or  team  attached  to  such 
vehicle,  and  deposit  the  same  in  some  place  of  custody ;  and 
any  necessary  expense  incurred  for  taking  care  of  and  keep- 
ing the  same,  is  a  lien  thereon,  to  be  paid  before  the  same 
can  be  lawfully  recovered ;  and  if  such  expense,  or  any  part 
thereof,  remains  unpaid,  it  may  be  recovered,  by  the  person 
incurring  the  same,  of  the  owner  of  such  domestic  animal, 
in  an  action  therefor. 

Leglslatioia  §  597a.  1.  Addition  by  Stats.  1901,  p.  409;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  679,  in  the  identical  language  of  the 
unconstitutional  section  supra,  being  a  codification  of  Stats.  1873-74, 
p.  500,  §  7.  Another  section  numbered  597a  was  added  in  1907;  q.  v., 
infra. 

Another  section  numbered  597a  was  added  in  1907.  See  next  sec- 
tion. 

§  597a.  Docking  tails  of  horses.  It  shall  be  unlawful  for 
any  person  or  persons  to  dock  the  tail  of  any  horse,  within 
the  state  of  California,  or  to  procure  the  same  to  be  done, 


267      FIGHTING  ANIMALS.      REGISTERING  DOCKED  HORSES.       §  597b 

or  to  import  or  bring  into  this  state,  any  docked  horse,  or 
horses,  or  to  drive,  work,  use,  race  or  deal  in  any  unregis- 
tered docked  horse,  or  horses,  within  the  state  of  California 
except  as  provided  in  section  five  hundred  and  ninety- 
seven  d  of  this  code. 

There  was  another  §  o97a  added  in   1905.     See  prior  section. 

Docking  tails  of  horses:   See  post,  §§  597b,  597c,  597d,  599d. 

Legislation  §  597a.  Added  by  Stats.  1907,  p.  269;  the  code  com- 
missioner saying  in  his  note  to  §§  597a,  597b,  597c,  597d,  597e,  597f, 
"These  sections  are  a  codification  of  §§  7,  8,  9,  11,  12,  and  13  of  the 
last-named  statute,  [Stats.  1873-74,  p.  499,]  as  amended  1901,  p.  285." 

§  597b.  Fighting  animals.  Any  person  who,  for  amuse- 
ment or  gain,  causes  any  bull,  bear,  cock,  dog,  or  other 
animal  to  fight  with  like  kind  or  different  kind  of  animal 
or  creature,  or  with  any  human  being;  or  who,  for  amuse- 
ment or  gain,  worries  or  injures  any  such  bull,  bear,  cock, 
dog  or  other  animal,  or  causes  any  such  bull,  bear,  cock, 
dog  or  other  animal  to  worry  or  injure  each  other;  and 
any  person  who  permits  the  same  to  be  done  on  any  premises 
under  his  charge  or  control ;  and  any  person  who  aids,  abets, 
or  is  present  at  such  fighting  or  worrying  of  such  animal 
or  creature,  as  a  spectator,  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1907;  Stats.  1907,  p.  845.] 

Another  section  numbered  597b  was  added  in  1907.  See  next 
section. 

Legislation  §  597b.  1.  Addition  by  Stats.  1901,  p.  470;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  679,  in  the  identical  language  of  the 
unconstitutional  section  supra,  being  a  coditicatiou  of  Stats.  1873-74, 
p.  500,  §  8. 

3.  Amended  by  Stats.  1907,  p.  845.  Another  section  numbered 
597b  was  added  in  1907;  q.  v.,  infra. 

§  597b.  Eegistration  of  docked  horses.  County  Clerk  to 
keep  record.  Within  thirty  days  after  the  passage  of  this 
act,  every  owner,  or  user  of  any  docked  horse,  within  the 
state  of  California,  shall  register  his  or  her  docked  horse, 
or  horses  by  filing  in  the  office  of  the  county  clerk  of  the 
county  in  which  such  docked  horse,  or  horses,  may  then  be 
kept,  a  certificate,  which  certificate  shall  contain  the  name, 
or  names  of  the  owner,  together  with  his  or  her  postoffice 
address,  a  full  description  of  the  color,  age,  size  and  the  use 
made  of  such  docked  horse,  or  horses;  which  certificate  shall 
be  signed  by  the  owner,  or  his,  or  her  agent.  The  county 
clerk  shall  number  such  certificate  consecutively  and  record 
the  name  in  a  book,  or  register  to  be  kept  for  that  purpose^ 
only;  and  shall  receive  as  a  fee  for  recording  of  such  cer- 
tificate, the  sum  of  fifty  cents,  and  the  clerk  shall  thereupon 


§  597d  PENAL   CODE.  268 

issue  to  such  person  so  registeriiiu'  such  liorse  or  hoi'ses  a 
certilicate  containing  the  i'acts  recited  in  this  section  which 
upon  demand  shall  be  exliibited  to  any  peace-officer,  and  the 
same  shall  be  conclusive  evidence  of  a  compliance  with  the 
provisions  of  section  five  hundred  and  ninety-seven  a  of  this 
code. 

Legislation  §  597b.  Added  by  Stats.  1907,  p.  2(;9.  See  ante, 
Legislation  §  SSJTa  (second  section  of  this  number),  for  code  com- 
missioner's note. 

Another  section  numbered  597b  was  also  adopted  in  1907.  Sec 
prior  section. 

§  597c.     Evidence.     The  driving,  working,  keeping,  racing 
or  using  of  any  unregistered  docked  horse,  or  horses,  after 
sixty  days  after  the  passage  of  this  act,  shall  be  deemed 
prima  facie   evidence   of  the  fact  that  the  party   driving, 
working,  keeping,  racing  or  using  such  unregistered  docked 
horse,   or  horses,   docked  the  tail  of  such  horse   or  hordes. 
Docking  tails  of  horses:   See  ante,  §§  597a,  597b,  post,  §§  597d,  599d. 
Legislation  §  597c,     Added  by  Stats.  1907,  p.  270.     See  ante.  Legis- 
lation §  597a   (second  section  of  this  number),  for  code  commission- 
er's note.     See  also,  infra,  another  section  numbered  597c. 

There  is  another  section  numbered  597c  adopted  in  1907.  See 
next  section. 

§  597c.     Training  for  fighting,  or  being  present  at  fight. 

Whoever  owns,  possesses,  keeps,  or  trains  any  bird  or  ani- 
mal, with  the  intent  that  such  bird  or  animal  shall  be  en- 
gaged in  an  exhibition  of  fighting,  or  is  present  at  any  place, 
building,  or  tenement,  where  preparations  are  being  made 
for  an  exhibition  of  the  fighting  of  birds  or  animals,  with 
the  intent  to  be  present  at  such  exhibition,  or  is  present  at 
such  exhibition,  is  guilty  of  a  misdemeanor. 

Legislation  §  597c.  1.  Addition  by  Stats.  1901,  p.  470;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  6S0,  in  the  identical  language  of  the 
unconstitutional  section  supra,  being  a  codification  of  Stats.  1873-74, 
p.  501,  §  9.  Another  section  numbered  597c  was  added  in  1907;  see 
prior  section. 

Another  section  numbered  597c  was  added  in  1907.  See  prior 
section. 

§  597d.  Arrests  vrithout  w^arrants.  Any  sheriff,  consta- 
ble, police,  or  peace  officer,  or  officer  qualified  as  provided 
in  section  six  hundred  and  seven  f  of  the  Civil  Code,  may 
enter  any  place,  building,  or  tenement,  where  there  is  an 
exhibition  of  the  fighting  of  birds  or  animals,  or  where 
preparations  are  being  made  for  such  an  exhibition,  and. 
without  a  warrant,  arrest  all  persons  there  present. 

Legislation  §  597d.  1.  Addition  by  Stats.  1901,  p.  470;  unconstitu- 
tional.    See  note,  §  5,  ante. 


269  DOCKING    HORSES.       CRUELTY    TO    ANIMALS,  §  597e 

2.  AddeQ  b}-  Stats.  1905,  p.  680,  iu  the  identical  language  of  tlie 
imeoiistitutional  section  supra,  being  a  codification  of  Stats.  1873-74, 
p.  501,  §  11.  Another  section  numbered  597d  was  added  in  1907; 
q.  v.,  infra. 

Another  section  numbered  597d  was  added  in  1907;  Stats.  1907, 
p.  270.     See  next  section. 

§  597d.  Violation  a  misdemeanor.  Certain  stock  ex- 
cepted. Any  person  or  persons  violating  any  of  tlie  pro- 
visions of  this  act.  shall  be  deemed  guilty  of  a  misdemeanor ; 
provided,  however,  that  the  provisions  of  sections  five  hun- 
dred and  ninety-seven  a,  five  hundred  and  ninety-seven  b, 
and  five  hundred  and  ninety-seven  c,  shall  not  be  applied  to 
persons  owning  or  possessing  any  docked  pure-bred  stallions 
and  mares  imported  from  foreign  countries  for  breeding 
or  exhibition  purposes  only,  as  provided  by  an  act  of  Con- 
gress entitled  "An  Act  regitlating  the  importation  of  breed- 
ing animals"  and  approved  March  third,  nineteen  hundred 
and  three,  and  to  docked  native-bred  stallions  and  mares 
brought  into  this  state  and  used  for  breeding  or  exhibition 
purposes  only;  and  provided  further,  that  a  description  of 
each  such  animal  so  brought  into  the  state,  together  with 
the  date  of  importation  and  name  and  address  of  importer, 
be  filed  with  the  county  clerk  of  the  county  where  such  ani- 
mal is  kept,  within  thirty  days  after  the  importation  of  such 
animal. 

Legislation  §  597d.     Added  by  Stats.  1907,  p.  270.     See  ante.  Legis- 
lation §  .597a   (sereond  section  of  this  number),  for  code  commission- 
er's note.     See  also,  supra,  another  section  numbered  597d. 
Another  section  597d  was  added  in  1905.     See  prior  section. 

§  597e.  Impounding  without  food  or  water.  Any  person 
who  impounds,  or  causes  to  be  impounded  in  any  pound,  any 
domestic  animal,  must  supply  the  same  during  such  confine- 
ment with  a  sufficient  quantity  of  good  and  wholesome  food 
and  water,  and  in  default  thereof,  is  guilty  of  a  misde- 
meanor. In  case  any  domestic  animal  is  at  any  time  im- 
pounded, as  aforesaid,  and  continues  to  be  without  necessary 
food  and  water  for  more  than  twelve  consecutive  hours,  it 
is  lawful  for  any  person,  from  time  to  time,  as  may  be 
deemed  necessaiy,  to  enter  into  and  upon  any  pound  in 
which  any  such  domestic  animal  is  confined,  and  supply  it 
with  necessary  food  and  water  so  long  as  it  remains  so  con- 
fined. Such  person  is  not  liable  to  any  action  for  such 
entry,  and  the  reasonable  cost  of  such  food  and  water  may 
be  collected  by  him  of  the  owner  of  such  animal,  and  such 
animal  is  not  exempt  from  levy  and  sale  upon  execution 
issued  upon  a  judgment  therefor. 


§  597j?  pi:nal  code.  270 

Legislation  §  597e.  1.  Addition  by  Stats.  1901,  p.  470;  uncoustitii- 
tioual.     kSi'c  note,  §  5,  ante. 

2.  A(lde(i  by  Stats.  1905,  p.  680,  in  the  identical  language  of  the 
unconstitutional  section  supra,  being  a  codification  of  Stats.  1873-74, 

p.  o01,§  12. 

§  591  f.  Permitting  animals  to  go  without  care.  Aban- 
doned animals  to  be  killed.  Every  owner,  driver,  or  pos- 
ses.sor  of  any  animal,  who  shall  permit  the  same  to  be  in  any 
building,  inclosure,  lane,  street,  square,  or  lot,  of  any  city, 
city  and  county,  or  township,  without  proper  care  and  atten- 
tion, shall,  on  conviction,  be  deemed  guilty  of  a  mis- 
demeanor. And  it  shall  be  the  duty  of  any  peace-officer, 
or  officer  of  the  humane  society,  to  take  possession  of  the 
animal  so  abandoned  or  neglected  and  care  for  the  same 
until  it  is  redeemed  by  the  oAvner  or  claimant,  and  the  cost 
of  caring  for  such  animal  shall  be  a  lien  on  the  same  until 
the  charges  are  paid.  Every  sick,  disabled,  infirm,  or  crip- 
pled animal  wdiich  shall  be  abandoned  in  any  city,  city  and 
county,  or  township,  may,  if  after  due  search  no  owner  can 
be  found  therefor,  be  killed  by  such  officer;  and  it  shall  be 
the  duty  of  all  peace-officers,  or  an  officer  of  said  society, 
to  cause  the  same  to  be  killed  on  information  of  such  aban- 
donment. Such  officer  may  likewise  take  charge  of  any 
animal  that  by  reason  of  lameness,  sickness,  feebleness,  or 
neglect,  is  unfit  for  the  labor  it  is  performing,  or  that  in  any 
other  manner  is  being  cruelly  treated ;  and,  if  such  animal 
is  not  then  in  the  custody  of  its  owaier,  such  officer  shall 
give  notice  thereof  to  such  owner,  if  known,  and  may  pro- 
vide suitable  care  for  such  animal  until  it  is  deemed  to  be 
in  a  suitable  condition  to  be  delivered  to  such  owner,  and 
any  necessary  expenses  which  may  be  incurred  for  taking 
care  of  and  keeping  the  same  shall  be  a  lien  thereon,  to  be 
paid  before  the  same  can  be  lawfully  recovered. 

Legislation  §  597f.  1.  Addition  by  Stats.  1901,  p.  471;  unconstitu- 
tional.    See  uote,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  680,  being  an  amendment  of  the  un- 
constitutional section  supra,  and  a  codification  of  Stats.  1873-74, 
p.  501,  §  13,  as  amended  by  Stats.  1901,  p.  286,  §  5.  See  ante,  Legis- 
lation §  597a  (second  section  of  this  number),  for  code  commission- 
er's note. 

§  597g.  Keepers  of  stallions,  etc.  Every  person  who  lets 
to  mares  or  jennies  any  stallion  or  jack  within  the  limits  of 
any  city,  town,  or  village,  or  w^ithin  four  hundred  yards 
thereof,  except  in  an  inclosure  sufficient  to  obstruct  the  view 
of  all  the  inhabitants  within  such  limits,  and  every  person  in 
charge  of  any  stallion,  bull,  boar,  ram,  or  buck  goat  who 
turns  out  or  permits  such  animal  to  be  turned  out  or  run 


271  KILLING  BIRDS.  §  599 

at  large  in  any  county,  is  guilty  of  a  misdemeanor  and  pun- 
ishable by  a  fine  of  not  less  than  five  [n]or  more  than 
twenty  dollars,  or  by  imprisonment  in  the  county  jail  not 
less  than  thirty  daj's  or  by  both  such  fine  and  imprisonment. 
Legislation  §  597g.  1.  Addition  by  Stats.  1901,  p.  471;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  67S;  the  code  commissioner  saying, 
"The  statute  of  1873-74,  p.  228,  to  prevent  stallions  running  at  large, 
and  of  1877-78,  p.  4.37,  respecting  buck  goats,  and  of  1871-72,  p.  63, 
to  provide  for  the  keeping  of  stallions,  are  codified  in  this  section, 
and  makes  the  law  concerning  the  running  at  large  of  stallions  in 
Sacramento  and  Mono  counties,  by  extending  its  provisions,  appli- 
cable to  the  state  at  large." 

§  598,  Killing,  etc.,  birds  in  cemeteries.  Every  person 
who,  within  any  public  cemetery  or  burying-ground  kills, 
wounds,  or  traps  any  bird,  or  destroys  any  bird's  nest  other 
than  swallows'  nests,  or  removes  any  eggs  or  young  birds 
from  any  nest,  is  guilty  of  a  misdemeanor. 

Legislation  §  598,  Enacted  February  14,  1872,  The  code  commis- 
sioners say:  "This  section  is  founded  on  a  statute  in  relation  to 
cemeteries  in  Nevada  County,  (Stats.  1867-68,  p.  26.)  There  is  no 
reason  why  the  same  act  committed  in  another  county  should  not 
be  visited  with  the  like  punishment." 

§  598a,  Killing-  or  detaining  homing  pigeons.  Every 
person,  other  than  the  owner  thereof,  who  shoots,  maims, 
kills,  or  detains  any  Antwerp,  messenger,  or  homing  pigeon 
is  guilty  of  a  misdemeanor  and  punishable  by  a  fine  of  not 
less  than  ten  nor  more  than  twenty-five  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  fifty  days. 

Legislation  §  598a.  1.  Addition  by  Stats.  1901,  p.  471;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2,  Added  by  Stats.  1905,  p.  687;  the  code  commissioner  saying, 
"This  is  a  codification  of  the  statute  of  1897,  p.  37,  for  the  protec- 
tion of  Antwerp,  messenger,  or  homing  pigeons." 

§  599,  Killing  gulls  or  cranes.  Destroying  nests  or  eggs. 
Every  person  who  willfully  and  knowingly  kills  or  destroys 
any  of  that  species  of  sea-bird  known  as  gulls,  or  who  will- 
fully and  knowingly  shoots,  wounds,  traps,  snares,  or  in  any 
other  manner  catches  or  captures  any  w^hite  or  blue  crane, 
or  who  knowingly  takes,  mjures,  or  destroys  the  nest  of  any 
white  or  blue  crane,  or  takes,  injures,  or  destroys  the  eggs 
of  any  such  crane  in  the  nest  or  otherwise,  is  guilty  of  a 
misdemeanor  and  punishable  by  a  fine  of  not  less  than  five 
nor  more  than  one  hundred  dollars,  or  by  imprisonment  of 
not  less  than  five  nor  more  than  one  hundred  days,  or  by 
both  such  fine  and  imprisonment. 

Legislation  §  599,  1,  Addition  by  Stats.  1901,  p.  471;  unconstitu- 
tional.    See  note,  §  5,  ante. 


§  r)991)  PENAL   CODE.  272 

2.  Added  by  Slats.  1905,  p.  OST,  in  the  itlentical  language  of  tlie 
uiK'Oiistitulioiial  section  sujira;  the  code  comiiiissioner  waying,  "The 
statute  of  1S7;1-7(i,  p.  287,  to  protect  soa-gulls  in  the  neighborhood 
of  Santa  Monica,  and  the  statute  of  188!1,  p.  205,  to  prevent  the 
destruction  of  blue  cranes,  were  in  1905  codified  in  this  section.  At 
the  same  session  a  §  599  (not  proposed  by  the  commissioner),  re- 
ferring to  the  killing  of  elk.  To  change  this  a  bill  was  passed  in 
1907,  under  the  provisions  of  which  the  former  §  599  was  left  intact, 
while  the  latter  was  repealed  and  re-enacted  as  §  599f."  The  origi- 
nal code  §  599  was  entitled  "Killing  seals  and  seal-lions  within  one 
mile  of  Cliff  House,''  and  was  repealed  by  Code  Amdts.  1880,  p.  5. 

§  599a.  Prosecutions.  When  complaint  is  made,  on  oath, 
to  any  magistrate  authorized  to  issue  warrants  in  criminal 
cases,  that  the  complainant  believes  that  any  provision  of 
law  relating  to,  or  in  any  way  affecting,  duml)  animals  or 
birds,  is  being,  or  is  about  to  be  violated  in  any  particular 
building  or  place,  such  magistrate  must  issue  and  deliver 
immediately  a  warrant  directed  to  any  sheriff,  constable, 
police  or  peace-officer,  or  officer  of  any  incorporated  asso- 
ciation qualified  as  provided  by  law,  authorizing  him  to 
enter  and  search  such  building  or  place,  and  to  arrest  any 
person  there  present  violating,  or  attempting  to  violate,  any 
law  relating  to,  or  in  any  way  affecting,  dumb  animals  or 
birds,  and  to  bring  such  person  before  some  court  or  magis- 
trate of  competent  jurisdiction,  within  the  city,  city  and 
county,  or  township  within  which  such  offense  has  been  com- 
mitted or  attempted,  to  be  dealt  with  according  to  law,  and 
such  attempt  must  be  held  to  be  a  violation  of  section  five 
hundred  and  ninety-seven. 

Legislation  §  599a.  1.  Added  by  Stats.  1901,  p.  472;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  681;  the  code  commissioner  saying, 
"This  section  is  a  codification  of  §  10  of  the  statute  of  1873-74, 
p.  499,  as  amended  1901,  p.  286,  for  the  prevention  of  cruelty  to 
animals." 

§  599b,  Words  defined.  In  this  title  the  word  "animal" 
includes  every  dumb  creature ;  the  words  "torment,"  "tor- 
ture," and  "cruelty"  include  every  act,  omission,  or  neglect 
whereby  unnecessary  or  unjustifiable  physical  pain  or 
suffering  is  caused  or  permitted;  and  the  words  "owner" 
and  "person"  include  corporations  as  well  as  individuals; 
and  the  knowledge  and  acts  of  any  agent  of,  or  person  em- 
ployed by,  a  corporation  in  regard  to  animals  transported, 
owned,  or  employed  by,  or  in  the  custody  of,  such  corpora- 
tion, must  be  held  to  be  the  act  and  knowledge  of  such  cor- 
poration as  well  as  such  agent  or  employee. 

"Person"  includes  corporations:  See  ante,  §  7. 

Legislation  §  599b.  1.  Addition  by  Stats.  1901,  p.  472;  unconstitu- 
tional.    See  note,  §  5,  ante. 


273  DOCKING   HORSES.       KILLING    UNFIT   ANIMALS.         §  599e 

2.  Added  by  Stats.  1905,  p.  681;  the  code  commissioner  saying  in 
his  note  to  S§  599b,  599c,  "§§  1(3  and  17  of  the  statute  of  1S73-74, 
p.  499,  for  the  more  effectual  prevention  of  cruelty  to.  animals,  are 
codified  iu  the  above  sections." 

§  599c,  Not  to  interfere  with  game  laws.  No  part  of  this 
title  shall  be  construed  as  interfering  with  any  of  the  laws 
of  this  state  knoAvn  as  the  "game  laws,"  or  any  laws  for  or 
against  the  destruction  of  certain  birds,  nor  must  this  title 
be  construed  as  interfering  with  the  right  to  destroy  any 
venomous  reptile,  or  any  animal  known  as  dangerous  to  life, 
limb,  or  property,  or  to  interfere  wuth  the  right  to  kill  all 
animals  used  for  food,  or  with  properly  conducted  scientific 
experiments  or  investigations  performed  under  the  author- 
ity of  the  faculty  of  a  regularl}'  incorporated  medical  college 
or  university  of  this  state. 

Legislation  §  599c.  1.  Addition  by  Stats.  1901,  p.  472;  unconstitu- 
tional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  681.  See  ante,  Legislation  §  599b,  for 
code  commissioner's  note. 

§  599d.  Docking  of  tails.  Whoever  shall  cut  the  solid 
part  of  the  tail  of  any  horse  in  the  operation  known  as 
"docking,"  or  in  any  other  operation  performed  for  the  pur- 
pose of  shortening  the  tail,  and  whoever  shall  cause  the  same 
to  be  done,  or  assist  in  doing  such  cutting,  is  guilty  of  a 
misdemeanor. 

Docking  tails  of  horses:   See  ante,  §§  597a,  597b,  597c,  597d. 
Legislation  §  599d.     Added  by  Stats.  1905,  p.  681;   the  code  com- 
missioner saying  in  his  note  to   §§  599d,  599e,  "Codifying   §§  7   and 
8  of  the  statute  of  1901,  p.  287,  adding  §§  20  and  21  to  the  statute 
of  1873-74,  p.  499." 

§  599e.  Animals  to  be  killed  when  unfit  for  work.  Every 
animal  which  is  unfit,  ])y  reason  of  its  physical  condition,  for 
the  purpose  for  which  such  animals  are  usually  employed, 
and  when  there  is  no  reasonable  probability  of  such  animal 
ever  becoming  fit  for  the  purpose  for  which  it  is  usually 
employed,  shall  be  by  the  owner  or  lawful  possessor  of  the 
same,  deprived  of  life  within  twelve  bours  after  being  noti- 
fied by  any  peace-officer,  or  officer  of  said  society,  to  kill 
the  same,  and  such  owner,  possessor,  or  person  omitting  or 
refusing  to  comply  with  the  provisions  of  this  section  shall, 
upon  conviction,  be  deemed  guilty  of  a  misdemeanor,  and 
after  such  conviction  the  court  or  magistrate  having  juris- 
diction of  such  offense  shall  order  any  peace-officer,  or  offi- 
cer of  said  society,  to  iramediatelj^  kill  such  animal;  pro- 
vided, that  this  shall  not  apply  to  such  owner  keeping  any 
old  or  diseased  animal  belonging  to  him  on  his  own  premises 
with  proper  care. 

Ten.  Code — 18 


^  GO!  PENAL   CODE.  274 

Legislation  §  599e.     Added    by    Stats.    1905,    p.    6S1.     See    ante, 
Lrgislatioii  §.199(1,  fur  code  coniniissioner's  note. 

§  599f.  Killing'  of  elk  a  felony.  Every  person  a\  ho  will- 
fully kills  ;iiiy  elk  within  this  state  is  guilty  of  a  felony  and 
punishable  by  iniprisonnient  in  the  state  prison  for  a  term 
not  exceeding-  two  years. 

Legislation  §  599f.     1.  Added  by  Stats.  1905,  p.  218,  as  §  o99. 
2.  Txopealed  bv  Stats.  1907,   p.  087,  and  re-enacted,  by  the  same 
act.  as  §  .•)99f. 

§  600.  Burning  structures,  etc.,  not  the  subject  of  arson. 
Every  person  who  willfully  and  maliciously  burns  any 
bridge  exceeding  in  value  fifty  dollars,  or  any  structure, 
snow-shed,  vessel,  or  boat,  not  the  subject  of  arson,  or  any 
tent,  or  any  stack  of  hay  or  grain  or  straw  of  any  kind,  or 
any  pile  of  baled  hay  or  straw,  or  any  pile  of  potatoes,  or 
beans,  or  vegetables,  or  produce,  or  fruit  of  any  kind, 
whether  sacked,  boxed,  crated,  or  not,  or  any  growing  or 
standing  grain,  grass,  or  tree,  or  any  fence,  or  any  railroad 
car,  lumber,  cordwood.  railroad  ties,  telegraph  or  telephone 
poles,  or  shakes,  or  any  tule-land  or  peat-ground  of  the  value 
of  twenty-five  dollars  or  over,  not  the  property  of  such  per- 
son is  punishable  by  imprisonment  in  the  state  prison  for 
not  less  than  one  year,  nor  more  than  ten  years.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  711.] 

Legislation  §  600.  1.  Enacted  April  1,  1872  (based  on  Field's 
Draft,  §  703,  N.  Y.  Pen.  Code,  §  637;  Crimes  and  Punishment  Act,  as 
amended  and  supplemented  by  Stats.  1856,  p.  132,  §  5;  Stats.  1871-72, 
p.  896,  §1),  and  then  read:  "Every  person  who  willfully  and  mali- 
ciously burns  any  bridge  exceeding  in  value  tifty  dollars,  or  any 
building,  snow-shed,  or  vessel,  not  the  subject  of  arson,  or  any  stack 
of  grain  of  any  kind,  or  of  hay,  or  any  growing  or  standing  grain, 
grass,  or  tree,  or  any  fence,  not  the  property  of  such  person,  is 
]uinishable  by  imprisonment  in  the  state  prison  for  not  less  than 
one  nor  more  than  ten  years." 

2.  Amended  by  Stats.  1901,  p.  268,  becoming  a  law,  under  con- 
stitutional provision,  without  governor's  approval,  March  11,  1901, 
and  read  the  same  as  the  present  section,  except  for  the  changes 
made  in  1905. 

3.  Amendment  by  Stats.  1901,  p.  473;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  711,  (1)  omitting  the  word  "or" 
before  "vessel";  (2)  changing  "telegraph-poles"  to  "telegraph  or 
telephone  poles";  (3)  adding  the  word  "for"  before  "not  less  than 
one  year." 

§  601.  Malicious  use  of  dynamite.  Penalty.  Any  person 
who  maliciously  nses,  puts,  places,  deposits,  explodes,  or 
attempts  to  explode,  at,  in,  under,  or  near,  or  takes  into  or 
near  any  building,  vessel,  boat,  railroad,  tramroad,  or  cable 
road,  or  any  train,  or  car,  or  any  depot,  stable    car-house, 


275  USE    OF    DYNAMITE.       INJURY    TO    FREEHOLD.  §  602 

theater,  sehoolhouse.  ehurc]i,  dwelliiiK-liouse,  or  other  place 
where  human  beings  usually  inhabit,  assemble,  frequent,  or 
pass  and  repass,  any  dynamite,  nitro-glycerin,  vigorite,  giant 
or  hercules  powder,  gunpowder,  or  other  chemical  com- 
pound or  explosive,  Avith  the  intent  to  injure  or  destroy  such 
building,  vessel,  boat,  or  other  structure ;  or  with  the  intent 
to  injure,  intimidate,  or  terrify  any  Innnan  being,  or  by 
means  of  which  any  human  being  is  injured  or  endangered, 
is  guilty  of  a  felony,  and  punishable  by  imprisonment  in  the 
state  prison  not  less  than  one  year.  [Amendment  approved 
1913;  Stats.  1913,  p.  350.] 

Explosives,  act  relating  to:  See  post,  Appendix,  tit.  "Explosives." 
Legislation  §  601.  1.  Enacted  Febniarv  14,  1872  (almost  identical 
with  Field's  Draft,  §  705,  N.  Y.  Pen.  Code,  §  636),  and  then  read: 
"Every  person  who  maliciously,  by  the  explosion  of  gunpowder  or 
other  explosive  substance,  destroys,  throws  down,  or  injures  the 
whole  or  any  part  of  any  building,  by  means  of  which  the  life  or 
safety  of  a  human  being  is  endangered,  is  guilty  of  felony." 

2.  Amendment  by  Stats.  1901,  p.  473;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  687;  the  code  commissioner  saying, 
"The  section  is  amended  to  conform  it  to  §  8  of  the  statute  of  1887, 
p.  110,  to  protect  life  and  property  against  the  careless  and  malicious 
use  or  handling  of  dynamite  and  other  explosives."  As  amended 
in  1905  it  read:  "Any  person  who  maliciously  deposits  or  explodes, 
or  who  attempts  to  explode,  at,  in,  under,  or  near  any  building, 
vessel,  boat,  railroad,  tram-road,  or  cable-road,  or  any  train,  or 
car,  or  any  depot,  stable,  car-house,  theater,  schoolhouse,  church, 
dwelling-house,  or  other  place  where  human  beings  usually  inhabit, 
assemble,  frequent,  or  pass  and  repass,  any  dynamite,  nitroglycerine, 
A'igorite,  giant  or  hercules  powder,  gunpowder,  or  other  chemical 
compound  or  explosive,  with  the  intent  to  injure  or  destroy  such 
building,  vessel,  Ijoat,  or  other  structure,  or  with  the  intent  to  injure, 
intimidate,  or  terrify  any  human  being,  or  by  means  of  which  any 
human  being  is  injured  or  endangered,  is  guilty  of  a  felony,  and 
punishable  by  imprisonment  in  the  state  prison  not  less  than  one 
year." 

4.  Amended  1913,  p.  350. 

§  602.  Malicious  injury  to  freehold.  Every  person  who 
willfully  commits  any  trespass  by  either : 

1.  Cutting  down,  destroying,  or  injuring  any  kind  of 
wood  or  timber  standing  or  growing  upon  the  lands  of 
another ; 

2.  Carrying  away  any  kind  of  wood  or  timber  lying  on 
such  lands ; 

3.  Maliciously  injuring  or  severing  from  the  freehold  of 
another  anything  attached  thereto,  or  the  produce  thereof; 

4.  Digging,  taking,  or  carrying  away  from  any  lot  situ- 
ated within  the  limits  of  any  incorporated  city,  without  the 
license  of  the  owner  or  legal  occupant  thereof,  any  earth, 
soil,  or  stone; 


§  G02  PENAL    CODE.  276 

5.  Digy•illJ^^  takiiij;.  or  carryinf,'  away  from  land  in  any 
city  or  toMn,  laid  down  on  the  map  or  plan  of  such  city, 
or  otherAvise  recognized  or  estal)lished  as  a  street,  alley, 
avenue,  or  park,  Avitliout  the  license  of  the  proper  au- 
thorities, any  earth,  soil  or  stone; 

6.  Putting  up,  affixing,  fastening,  printing,  or  painting 
upon  any  property  belonging  to  the  state,  or  to  any  city, 
county,  town,  or  village,  or  dedicated  to  the  public,  or  upon 
any  property  of  any  person,  without  license  from  the  owner, 
any  notice,  advertisement,  or  designation  of,  or  any  name 
for  any  commodity,  whether  for  sale  or  otherwise,  or  any 
picture,  sign,  or  device  intended  to  call  attention  thereto ; 

7.  Entering  upon  any  lands  ow^ned  by  any  other  person 
whereon  oysters  or  other  shell-fish  are  planted  or  grow- 
ing; or  injuring,  gathering,  or  carrying  away  any  oysters 
or  other  shell-fish  planted,  growing,  or  being  on  any  such 
lands,  whether  covered  by  water  or  not,  without  the  license 
of  the  owner  or  legal  occupant  thereof;  or  destroying  or 
removing,  or  causing  to  be  removed  or  destroyed,  any 
stakes,  marks,  fences,  or  signs  intended  to  designate  the 
boundaries  and  limits  of  any  such  lands ; 

8.  Willfully  opening,  tearing  down,  or  otherwise  destroy- 
ing any  fence  on  the  inclosed  land  of  another,  or  opening 
any  gate,  bar,  or  fence  of  another  and  willfully  leaving  it 
open  without  the  permission  of  the  owner,  or  maliciously 
tearing  down,  mutilating,  or  destroying  any  sign,  sign- 
board, or  other  notice  forbidding  shooting  on  private  prop- 
erty ;  or 

9.  Entering  any  inclosure  belonging  to,  or  occupied  by, 
another  for  the  purpose  of  hunting,  shooting,  killing,  or 
destroying  any  kind  of  game  within  such  inclosure,  with- 
out having  first  obtained  permission  from  the  owner  of 
such  inclosure ; 

Is  guilty  of  a  misdemeanor.  [Amendment  approved 
1905;  Stats.  1905,  p.  688.] 

Hunting  on  inclosed  land:   See  ante,  §  3S4c;  post,  §  627. 

Act  to  prevent  persons  passing  through  inclosures:  See  post,  Ap- 
pendix, tit.  "Fences  and  Inclosures." 

Acts  to  prevent  the  leaving  open  of  inclosures:  See  post,  Ap- 
pendix, tit.  "Fences  and  Inclosures." 

Act  to  prevent  hunting  on  inclosed  lands:  See  post,  Appendix,  tit. 
"Fences  and  Inclosures." 

Act  to  protect  Big  Tree  groves:  See  post,  Appendix,  tit.  "Growing 
Trees." 

Legislation  §  602.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  246',  §  138;  Stats.  1862,  p.  307; 
Stats.  1863,  p.  739;  Stats.  1863-64,  p.  136;  Stats.  1863-64,  p.  361; 
Stats.  1865-66,  p.  710,  §  6.     The  code  commissioners  say  of  subd.  6: 


277  INJURY   TO  FREEHOLD  OR   CROPS.      LANDMARKS.  §  605 

"This  provision  is  rendered  necessary  by  the  practice,  unfortunately 
common,  of  affixing  to  any  picturesque  rocli  or  point  of  land,  some 
advertisement  of  a  current  nostrum,  etc.  This  is  now  only  a  simple 
trespass,  but  it  should  be  a  misdemeanor."  When  §  602  was  enacted 
in  1872,  it  contained  only  six  subdivisions,  subd.  7  being  added  in 
1877-78,  and  subds.  8  and  9  in  1905;  subd.  2  then  reading,  "2.  Car- 
rying away  any  kind  of  wood  or  timber  that  has  been  cut  down  and 
is  lying  on  such  lands;  or.'' 

2.  Amended  by  Code  Amdts.  1873-74,  p.  434,  omitting  from  subd. 
2,  the  words  "that  has  been  cut  down  and  is"  before  "lying." 

3.  Amended  by  Code  Amdts.  1877-78,  p.  118,  (1)  adding  subd.  7, 
and  (2)  running  in  at  the  end  of  this  subdivision  the  final  paragraph 
of  the  original  code,  " — Is  guilty  of  a  misdemeanor." 

4.  Amendment  by  Stats.  1901,  p.  474;  unconstitutional.  See  note, 
§  5,  ante. 

5.  Amended  by  Stats.  1905,  p.  688,  (1)  omitting  the  word  "or" 
from  the  end  of  subds.  2,  3,  4,  5,  6,  and  7;  (2)  in  subd.  5,  changing 
"from  any  land  in  any  of  the  cities  of  the  state"  to  "from  land  in 
any  city  or  town";  (3)  in  subd.  7,  omitting  "or  persons"  after  "other 
person";  (4)  in  subd.  7,  omitting  from  end  of  subdivision  the  words 
"is  guilty  of  a  misdemeanor,"  making  a  paragraph  thereof,  and 
transposing  same  to  end  of  section;  (5)  adding  subds.  8  and  9;  the 
code  commissioner  saying,  "The  eighth  subdivision  is  a  codification 
of  the  statute  of  1871-72,  p.  384,  and  the  ninth  is  a  codification  of 
part  of  §  3  of  the  statute  of  1875-76,  p.  408,  to  prevent  hunting  upon 
inclosed  lands." 

§  603.     Limitation  upon  the  operations  of  the  preceding- 
section.      [Repealed  1905;  Stats.  1905,  p.  689.] 
Legislation  §  603.     1.  Enacted  February  14,  1872. 

2.  Eepeal  by  Stats.  1901,  p.  475;  unconstitutional.  See  note,  §  5, 
ante. 

3.  Eepealed  by  Stats.  1905,  p.  689;  the  code  commissioner  say- 
ing, "The  section  declaring  that  certain  injuries  to  trees  on  the 
lands  of  the  United  States,  including  the  cutting  of  them,  do  not 
constitute  public  offenses,  is  hereby  repealed,  as  it  is  obviously 
improper  for  the  state  to  undertake  to  legalize  trespasses  upon,  or 
injuries  to,  the  public  lands  of  the  Federal  government." 

§  604.  Injuries  to  standing  crops,  etc.  Every  person  who 
maliciously  injures  or  destroys  any  standing  crops,  grain, 
cultivated  fruits  or  vegetables,  the  property  of  another,  in 
any  case  for  which  a  punishment  is  not  otherwise  prescribed 
by  this  code,  is  guilty  of  a  misdemeanor. 

Legislation  §  604.     Enacted   February   14,   1872;   based   on   Field's 

Draft,  §  70S,  N.  Y.  Pen.  Code,  §  637. 

§  605.     Removing,     defacing,     or     altering     landmarks. 

Every  person  who  either : 

1.  Maliciously  removes  any  monument  erected  for  the  pur- 
pose of  designating  any  point  in  the  boundary  of  any  lot  or 
tract  of  land,  or  a  place  where  a  subaqueous  telegrajjh  cable 
lies;  or, 

2.  Maliciously  defaces  or  alters  the  marks  upon  any  such 
monument;  or, 


§  GOT  PENAL   (JOUE.  278 

3'.  IMalicioiisly  cuts  down  or  removes  any  tree  npon  wliich 
any  such  mai'ks  have  been  made  i'or  such  purpose,  with  in- 
tent to  destroy  such  marks ; 

— Is  suilt}'  of  a  misdemeanor. 

Legislation  §  605.     Enactod   February   14,   1872;   based   on   Field's 

Draft.  §  700,  N.  Y.  Pen.  Code,  §  ()39;  Stats.  18.57,  p.  171,  §  2. 

§  606.  Destroying  or  injuring  jails.  Every  person  who 
willfully  and  intentionally  breaks  down,  pulls  down,  or 
otherwise  destroys  or  injures  any  public  jail  or  other  place 
of  confinement,  is  punishal  le  by  fine  not  exceeding  ten  thou- 
sand dollars,  and  by  imprisonment  in  the  state  prison  not 
exceeding'  five  years. 

Legislation  §  606.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punislimeut  Act,  Stats.  1850,  p.  247,  §  141,  which  read:  "§  141. 
If  any  person  shall  willfully  and  intentionally  break  down,  pull 
down,  or  otherwise  destroy  or  injure,  in  whole  or  in  part,  any  public 
jail,  or  other  place  of  confinement,  every  person  so  offending  shall, 
on  conviction,  be  fined  in  any  sum  not  exceeding  ten  thousand  dol- 
lars, nor  less  than  the  value  of  the  said  jail  or  other  place  of  con- 
finement so  destroyed,  or  ef  such  injury  as  may  have  been  done 
thereto  by  such  unlawful  act,  and  be  imprisoned  in  the  state  prison 
for  any  term  not  exceeding  five  years." 

§  607.    Destroying  or  injuring  bridges,  dams,  levees,  etc. 

Every  person  avIio  willfully  and  maliciously  cuts,  breaks, 
injures,  or  destroys  any  bridge,  dam.  canal,  flume,  aqueduct, 
levee,  embankment,  reservoir,  or  other  structure  erected  to 
create  hydraulic  power,  or  to  drain  or  reclaim  any  swamp 
and  overflowed  tide  or  marsh  land,  or  to  store  or  conduct 
Avater  for  mining,  manufacturing,  reclamation,  or  agricul- 
tural purposes,  or  for  the  supply  of  the  inhabitants  of  any 
city  or  town,  or  any  embankment  necessary  to  the  same,  or 
either  of  them,  or  Avillfully  or  maliciously  makes,  or  causes 
to  be  made,  any  aperture  in  such  dam,  canal,  flume,  aque- 
duct, reservoir,  embankment,  levee,  or  structure,  with  intent 
to  injure  or  destroy  the  same ;  or  draws  up,  cuts,  or  injures 
any  piles  fixed  in  the  ground  for  the  purpose  of  securing 
any  sea-bank,  or  sea-walls,  or  any  dock,  quay,  or  jetty,  lock, 
or  sea-w^all;  or  who,  between  the  first  day  of  October  and 
the  fifteenth  day  of  April  of  each  year,  plow^s  up  or  loosens 
the  soil  in  the  bed  or  on  the  sides  of  any  natural  water- 
course or  channel,  Avithout  removing  such  soil  Avithin 
tAventy-four  hours  from  such  Avatercourse  or  channel;  or 
AA^ho,  betAveen  the  fifteenth  day  of  April  and  the  first  day  of 
October  of  each  year,  shall  ploAV  up  or  loosen  the  soil  in  the 
led  or  on  the  sides  of  such  natural  Avatercourse  or  channel, 
and  shall  not  remove  therefrom  the  soil  so  ploAved  up  or 
loosened  before  the  first  day  of  October  next  thereafter,  is 


279  INJURING  BRIDGES,  DAMS,  ETC.      INJURING  RAFTS.       §  608 

guilty  of  a  misdemeanor,  and  upon  conviction,  punishable 
by  a  fine  not  less  than  one  hundred  dollars  and  not  exceed- 
ing one  thousand  dollars,  or  by  imprisonment  in  the  county 
jail  not  exceeding  two  j-ears,  or  by  both ;  provided,  that 
nothing  in  this  section  shall  be  construed  so  as  to  in  any 
manner  prohibit  any  person  from  digging  or  removing  soil 
from  any  such  watercourse  or,  channel,  for  the  purpose  of 
mining.  [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  36.] 

Malicious  injuries  to  bridges:   See  ante,  §§  587,  588. 

Taking  water  from  or  obstructing  canal,  flunie,  etc.:  See  ante, 
§592. 

Legislation  §  607.  1.  Enacted  February  14,  1872  (N.  Y.  Pen.  Code, 
§  639);  based  on  Crimes  and  Punishment  Act,  §  140,  as  amended  by 
Stats.  1863,  p.  58,  §  1,  which  read:  "Section  140.  Every  person  who 
shall  willfully  and  maliciously  cut,  break,  injure,  or  destroy,  any 
bridge,  mill,  dam,  canal,  flume,  aqueduct,  levee,  embankment,  reser- 
voir, or  other  structure  erected  to  create  hydraulic  power,  or  to 
drain  or  rec^iim  any  swamp  and  overflowed,  tide,  or  marsh  land, 
or  to  conduct  water  for  mining,  manufacturing,  reclaiming,  or  agri- 
cultural purposes,  or  any  embankment  necessary  to  the  same,  or 
either  of  them,  or  shall  willfully  and  maliciously  make,  or  cause  to 
be  made,  any  aperture  in  such  dam,  canal,  flume,  aqueduct,  reser- 
voir, embankment,  levee,  or  structure,  with  intent  to  injure  or  de- 
stroy the  same,  shall,  on  conviction  thereof,  be  fined  in  any  >um  not 
more  than  one  thousand  dollars,  or  imprisonment  at  hard  labor  in 
the  state  prison  not  more  than  two  years,  or  both  such  fine  and  im- 
prisonment." When  enacted  in  1872,  §  607  differed  from  the  amend- 
ment of  1880  (the  present  section),  (1)  not  having  (a)  the  words 
"store  or"  before  "conduct  water  for  mining,"  nor  (b)  "or  for  the 
supply  of  the  inhabitants  of  any  citj'  or  town,"  after  "agricultural 
purposes";  (2)  having  the  words  "and  used  for  securing  any  sea- 
bank"  instead  of  "for  the  purpose  of  securing  any  sea-bank";  (3)  the 
section  reading,  after  "jetty,  lock,  or  sea-wall,"  "is  punishable  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  in  the 
state  prison  not  exceeding  two  years,  or  by  both,"  the  clauses  be- 
ginning "or  who,  between  the  first  day  of  October"  being  added 
in  1880. 

2.  Amended  by  Code  Amdts.  1880,  p.  36. 

§  608.     Burning   or   injuring   rafts.     Every   person    who 
willfully  and  maliciouslj'  burns,  injures,  or  destroys  any  pile 
or  raft  of  wood,  plank,  boards,  or  other  lumber,  or  any  part 
thereof,  or  cuts  loose  or  sets  adrift  any  such  raft  or  part 
thereof,  the  property  of  another,  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1907;  Stats.  1907,  p.  853.] 
Protection  of  lumber  manufacturers:   See  ante,  §  593a. 
Legislation  §  608.     1.  Enacted  February  14,  1872;  based  on  Crimes 
and   Punishment   Act,   Stats.   1850,   p.   246,  §  139    (the   code   commis- 
sioners   erroneously    give  §  141    as   the   base;    §  141   is   quoted    ante. 
Legislation  §  606),  which  read:  "§  139.     Every  person  who  shall  will- 
fully and   maliciously  burn,  injure,  or  destroy   any   pile  or  raft  of 
wood,  plank,  boards,   or   other  lumber,   or  any   part   thereof,   or   cut 


§  GIO  PENAL    CODE.  280 

loose  or  set  adrift  any  such  raft  or  part  tlieref,  or  shall  cut,  break, 
injure,  sink,  or  set  adrift  any  boat,  canoe,  skilf,  or  other  vessel  or 
water-craft,  being  the  property  of  another,  shall,  on  conviction 
thereof,  be  punished  by  fine  not  exceeding  five  hundred  dollars  or 
imprisonment  in  the  county  Jail  not  exceeding  six  months."  When 
enacted  in  1872,  §  (J08  read:  "Every  person  who  willfully  and 
maliciously  burns,  injures,  or  destroys  any  pile  or  raft  of  wood, 
plank,  boards,  or  other  lumber,  or  any  part  thereof,  or  cuts  loose 
or  sets  adrift  any  such  raft  or  part  thereof,  or  cuts,  breaks,  injures, 
sinks,  or  sets  adrift  any  vessel,  the  projierty  of  another,  is  punish- 
able by  fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  exceeding  six  months."' 

2.  Amended  by  Stats.  1907,  p.  853.     See  infra,  §§  GOSa,  GOSb,  608e. 

§  608a.  Setting  vessels  adrift.  Every  person  who  will- 
fully and  maliciously  cuts,  breaks,  injures,  sinks,  or  sets 
adrift  any  vessel  of  less  than  ten  gross  tons,  the  property 
of  another,  is  guilty  of  a  misdemeanor. 

Legislation  §  608a.     Added    by    Stats.    1907,    p.    854.     See    supra. 

Legislation  §  60S. 

§  608b.  Injuring  vessels.  Every  person  who  Avillfully 
and  maliciously  cuts,  breaks,  or  injures  any  vessel  of  ten 
gross  tons  and  upwards,  the  property  of  another,  is  guilty 
of  a  misdemeanor. 

Legislation  §  608b.     Added    by    Stats.    1907,    p.    854.     See    ante. 

Legislation  §  60S. 

§  608c.  Sinking  vessels  a  felony.  Every  person  wdio  will- 
fully and  maliciously  sinks  or  sets  adrift  any  vessel  of  ten 
gross  tons  and  upwards,  the  property  of  another,  is  guilty 
of  a  felony. 

Vessel,  wrecking,  injuring  or  destroying:  See  ante,  §  540. 
Legislation  §  608c.     Added    by    Stats.    1907,    p.    854.     See    ante. 
Legislation  §  608. 

§  609.  Damages,  etc.,  to  buoy  or  beacon.  Any  person 
who  willfully  removes,  damages,  or  destroys  any  buoy  or 
beacon  placed  in  any  waters  within  this  state  by  lawful  au- 
thority, is  guilty  of  a  misdemeanor.  [Amendment  approved 
1905;  Stats.  1905,  p.  689.] 

Protection  of  buoys  or  beacons:  See  post,  §  614. 
Legislation  §  609.     1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  713,  N.  Y.  Pen.  Code,  §  639),  and  then  read:  "Every  person 
who   willfully   removes   any  buoy  or  beacon,  placed  in  any  waters 
within  this  state  by  lawful  authority,  is  guilty  of  a  misdemeanor." 

2.  Amendment  by  Stats.  1901,  p.  475;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  689;  the  code  commissioner  saying, 
"The  amendment  incorporates  the  provisions  of  the  statute  of  1873- 
74,  p.  619,  for  the  protection  of  buoys  and  beacons." 

§  610.  Masking  or  removing  signal  lights,  or  exhibiting 
false  lights.     Every  person  who  unlawfully  masks,  alters,  or 


281  INJURIES  TO  NAVIGATION.       BUOYS.  §  615 

removes  any  light  or  signal,  or  willfully  exhibits  any  light 
or  signal,  Avith  intent  to  bring  any  vessel  into  danger,  is 
punishable  by  imprisonment  in  the  state  prison  not  less  than 
three  nor  more  than  ten  years. 

Legislation  §  610.     Enacted  February   14,   1872;    based  on  Field's 
Draft,  §  714,  N.  Y.  Pen.  Code,  §  638. 

§  611.  Obstructing  navigable  streams.  Every  person 
who  unlawfully  obstructs  the  navigation  of  any  navigable 
stream,  is  guilty  of  a  misdemeanor. 

Legislation  §  611.     Enacted  February  14,  1872   (N.  Y.  Pen.  Code, 

§  3S5);  based  on  Crimes  and  Punishment  Act,  Stats.  1850,  p.  188,  §  1. 

§  612.     Depositing    sawdust,     etc.,     in    Humboldt     Bay. 

Every  person  who  throws,  deposits,  or  permits  another  in 
his  employ  to  throw  or  deposit,  any  sawdust,  slabs,  or  refuse 
lumber,  in  any  place  where  it  may  be  carried  or  fall  into 
the  waters  of  Humboldt  Bay,  without  first  having  con- 
structed piers,  bulkheads,  dams,  or  other  contrivances,  ap- 
proved by  the  board  of  supervisors  of  Humboldt  County,  to 
prevent  the  same  from  escaping  into  the  channels  of  such 
bay,  is  guilty  of  a  misdemeanor. 

Legislation  §  612.     Enacted   February    14.    1872;    based   on   Stats. 
1857,  p.  66,  §§  1,  2. 

§  613.  The  wing  overboard  ballast,  or  otherwise  obstruct- 
ing the  navigation  of  any  harbor,  etc.  Every  person  who, 
within  the  anchorage  of  any  port,  harbor,  or  cove  of  this 
state,  into  which  vessels  may  enter  for  the  purpose  of  receiv- 
ing or  discharging  cargo,  throws  overboard  from  any  vessel 
the  ballast,  or  any  part  thereof,  or  who  otherwise  places  or 
causes  to  be  placed  in  such  port,  harbor,  or  cove,  any  ob- 
structions to  the  navigation  thereof,  is  guilty  of  a  misde- 
meanor. 

Legislation  §  613.     Enacted  February  14,  1872   (N.  Y.  Pen.  Code, 

§  444);  based  on  Stats.  1861,  p.  224,  §  3;  Stats.  1863-64,  p.  138. 

§  614.  Mooring  vessels  to  buoys.  Every  person  mooring 
any  vessel  to  or  hanging  on  with  a  vessel  to  any  buoy  or 
beacon,  placed  by  competent  authority  in  any  navigable 
waters  of  this  state,  is  guilty  of  a  misdemeanor. 

Act  for  protection  of  buoys  and  beacons:    See   post,  Appendix, 
tit.  "Buoys  and  Beacons." 

Protection  of  buoys  or  beacons:  See  ante,  §  609. 
Legislation  §  614.     Enacted   February    14,    1872;    based    on    Stats. 
2861,  p.  224,  §  2. 

§  615.  Injuries  to  signals,  monuments,  etc.,  erected  in 
United  States  coast  survey.  Every  person  who  willfully  in- 
jures, defaces,  or  removes  any  signal,  monument,  building, 


§  618  PENAL  CODE.  282 

or  appiirtoiiaiice  thereto,  placed,  erected  or  used  by  persons 
eniiayed  in  the  United  States  coast  survey,  is  guilty  of  a 
misdemeanor. 

Legislation  §  615.     Enactod    Fohnuiry    14,    1872;    based    on    Stats. 
18r)2,  p.  MS,  §  6. 

§  616.     Destroying:  or  tearins:  down  notices,  etc.,  before 
expiration  of  time  for  which  they  were  to  remain  set  up. 

Every  ])erson  who  intoiitioiially  (h'Tncfs.  ol)1itoratos,  tears 
down,  or  destroys  fiiiy  eopv  or  transcript,  or  extract  from  or 
of  any  laAv  of  the  United  States  or  of  this  state,  or  any  proc- 
lamation, advertisement,  or  notification  set  up  at  anv  place 
in  this  state,  by  authority  of  any  law  of  the  United  States 
or  of  this  state,  or  by  order  of  any  court,  before  the  expira- 
tion of  the  time  for  which  the  same  was  to  remain  set  up, 
is  punishable  by  fine  not  less  than  twenty  nor  more  than  one 
hundred  dollars,  or  1  y  imprisonment  in  the  county  jail  not 
more  than  one  month. 

Legislation  §  616.     Enacted  Fobmary  14,  1872. 

§  617.     Injuring  or  destroying  written  instrument.    Every 

person  who  maliciously  mutilates,  tears,  defaces,  old  iterates, 
or  destroys  any  written  instrument,  the  property  of  another, 
the  false  making  of  which  w^ould  be  forgery,  is  punishable 
by  imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  than  five  years. 

Legislation  §  617.     Enacted   February   14.   1872;   based   on   Field's 

Draft,  §  7L5,   N.    Y.   Pen.    Code,  §  94;    Crimes   and   Punishment   Act, 

Stats.  1850,  p.  236,  §  68. 

§  618.  Opening  or  publishing  sealed  letters.  Every  per- 
son who  willfully  opens  or  reads,  or  causes  to  be  read,  any 
sealed  letter  not  addressed  to  himself,  without  being  author- 
ized so  to  do,  either  by  the  writer  of  such  letter  or  by  the 
person  to  whom  it  is  addressed,  and  every  person  who,  wuth- 
out  the  like  authority,  publishes  any  of  the  contents  of  such 
letter,  knoAving  the  same  to  have  been  unlawfully  opened, 
is  guilty  of  a  misdemeanor. 

Legislation  §  618.  Enacted  February  14,  1872  (Field's  Draft, 
§  717,  N.  Y.  Pen.  Code,  §  642);  based  on  Crimes  and  Punishment  Act, 
Stats.  1850,  p.  243,  §111,  which  read:  "§111.  Every  person  who 
shall  willfully  open  or  read,  or  cause  to  be  read,  any  sealed  letter 
not  addressed  to  himself,  without  being  authorized  so  to  do,  either 
by  the  writer  of  such  letter  or  by  the  person  to  whom  it  shall  be 
addressed;  and  every  person  who  shall  maliciously  publish  the  whole 
or  any  part  of  such  letter  without  the  authority  of  the  writer  thereof, 
or  of  the  person  to  whom  the  same  shall  be  addressed,  knowing 
the  same  to  have  been  opened,  shall,  upon  conviction,  be  punished 
by  fine  not  exceeding  one  thousand  dollars." 


283  TELEGRAPH  OR  TELEPHONE  MESSAGES.        §  621 

§  619.  Disclosing  contents  of  telegraphic  or  telephonic 
messages.  Every  person  who  willfully  discloses  the  con- 
tents of  a  telegraphic  or  telephonic  message,  or  any  part 
thereof,  addressed  to  another  person,  without  the  permission 
of  such  person,  unless  directed  so  to  do  by  the  lawful  order 
of  a  court,  is  punishable  by  imprisonment  in  the  state  prison 
not  exceeding  five  years,  or  in  the  county  jail  not  exceeding 
one  year,  or  by  fine  not  exceeding  five  thousand  dollars,  or 
by  both  fine  and  imprisonment.  *  [Amendment  approved 
1905;  Stats.  1905,  p.  690.] 

Disclosing  contents  of  message:   See  post,  §  640. 

Legislation  §  619.     1.  Enacted   February    14,   1872    (Field's   Draft, 

§718,  X.  y.  Pen.  Code,  §642);  based  on  Stats.  1862,  p.  289,  §§  1-5. 

2.  Amended  by  Code  Amdts.  1880,  p.  38,  adding  "unless  directed 
so  to  do  by  the  lav^-fnl  order  of  a  court"  after  "without  the  permis- 
sion of  such  person." 

3.  Amendment  by  Stats.  1901,  p.  475;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  690,  adding  "or  telephonic"  after 
"telegraphic." 

§  620.     Altering     telegraphic     or    telephonic     messages. 

Every  person  who  willfully  alters  the  purport,  effect,  or 
meaning  of  a  telegraphic  or  telephonic  message  to  the  in- 
jury of  another,  is  punishable  as  provided  in  the  preceding 
section.  [Amendment  approved  1905;  Stats.  1905,  p.  690.] 
Legislation  §  620.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1862,  p.  288,  §  1. 

2.  Amendment  by  Stats.  1901,  p.  475;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  690,  adding  "or  telephonic"  after 
"telegraphic." 

§  621.  Opening  telegraphic  or  telephonic  messages. 
Every  person  not  connected  with  any  telegraph  or  telephone 
office  who,  without  the  authority  or  cons-ent  of  the  person  to 
whom  the  same  may  be  directed,  willfully  opens  any  sealed 
envelope  inclosing  a  telegraphic  or  telephonic  message,  ad- 
dressed to  another  person,  with  the  purpose  of  learning  the 
contents  of  such  message,  or  who  fraudulently  represents 
another  person  and  thereby  procures  to  be  delivered  to'  him- 
self any  telegraphic  or  telephonic  message  addressed  to  such 
other  person,  with  the  intent  to  use,  destroy,  or  detain  the 
same  from  the  person  entitled  to  receive  such  message,  is 
punishable  as  provided  in  section  six  hundred  and  nineteen. 
[Amendment  approved  1905;  Stats.  1905,  p.  690.] 

Legislation  §  621.     1.  Enacted  February  14,  1872  (N.  Y.  Pen.  Code, 

§  642);  based  on  Stats.  1862,  p.  289,  §  5." 

2.  Amendment  by  Stats.  1901,  p.  475;  unconstitutional.     See  note, 

§  5,  ante. 


^  G24:  PENAL    CODE.  284 

3.  AmtMided  by  Stats.  1905,  p.  G90,  (I)  adding  (a)  "or  telephone" 
after  "telegraph,"  and  (b)  "or  telephonic"  after  "telegraphic"  in 
both  instances;  (2)  changing  "any  other  person"  to  "another  per- 
son," in  both  instances;  (3)  omitting  (a)  "and"  before  ";iddreHsed 
to"  ill  first  instance,  and   (b)   "or  ])crsons"  after  "from  the  person." 

§  622.     Injuring  works  of  art  or  improvements  in  any  city, 

town,  or  village.  Eveiy  ]:)ersoii,  not  tlio  owner  tliereol',  who 
willi'uUy  injures,  disfigures,  or  destroys  any  monument,  work 
of  art,  or  useful  or  ornamental  improvement  within  the 
limits  of  any  village,  town,  or  city,  or  any  shade-tree  or 
ornamental  plant  growing  therein,  Avhether  situated  upon 
private  ground  or  on  any  street,  sidewalk,  or  public  park  or 
place,  is  guilty  of  a  misdemeanor. 

Legislation  §  622.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  720,  N.  Y.  Pen.  Code,  §  647. 

§  623.  Mutilation  of  books,  etc.,  in  public  libraries  and 
museums.  Every  person  who  maliciously  cuts,  tears,  de- 
faces, breaks,  or  injures  any  book,  map,  chart,  picture,  en- 
graving, statute,  coin,  model,  apparatus,  or  other  work  of 
literature,  art,  mechanics,  or  object  of  curiosity,  deposited 
in  any  public  library,  gallery,  museum,  collection,  fair,  or 
exhibition,  is  guilty  of  a  misdemeanor.  [Amendment  ap- 
proved 1901;  Stats.  1901,  p.  99.] 

Legislation  §  623.  1.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  721,  N.  Y.  Pen.  Code,  §  648. 

2.  Amended  by  Stats.  1901,  p.  99,  (1)  omitting  "or"  before  "me- 
chanics," and  (2)  changing  "felony"  to  "a  misdemeanor"  at  end  of 
section. 

§  623l^.  Willful  detention  of  library  books.  Whoever 
willfully  detains  any  book,  newspaper,  magazine,  pamphlet, 
manuscript,  or  other  property  belonging  to  any  public  or 
incorporated  library,  reading-room,  museum  or  other  educa- 
tional institution,  for  thirty  days  after  notice  in  writing  to 
return  the  same,  given  after  the  expiration  of  the  time  which 
by  the  rules  of  such  institution  such  article  or  other  property 
may  be  kept,  is  guilty  of  a  misdemeanor  and  shall  be  pun- 
ished accordingly. 

Legislation!  623V2-     Added  by  Stats.  1899,  p.  97;  becoming  a  law, 

under  constitutional  provision,  without  governor's  approval. 

§  624.    Breaking  or  obstructing  gas  or  water  pipes,  etc. 

Every  person  who  willfully  breaks,  digs  up,  obstructs,  or 
injures  any  pipe  or  main  for  conducting  gas  or  water,  or  any 
works  erected  for  supplying  buildings  with  gas  or  water,  or 
any  appurtenances  or  appendages  therewith  connected,  is 
guilty  of  a  misdemeanor. 

Legislation  §  624.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  625,  N.  Y.  Pen.  Code,  §  639;  Stats.  1861,  p.  533,  §§  1,  2. 


285  STEALING  WATER.       FIRE-ALARM  APPARATUS.  §  625a 

§  625.  Drawing'  water  from  works  after  they  have  been 
closed.  Every  person  who,  with  intent  to  defraud  or  injure, 
opens  or  causes  to  be  opened,  or  draws  water  from  any  stop- 
cock or  faucet  by  which  the  flow  of  water  is  controlled,  after 
having  been  notified  that  the  same  has  been  closed  or  shut 
for  specific  cause,  by  order  of  competent  authority,  is  guilty 
of  a  misdemeanor. 

Legislation  §  625.     Enacted   February    14,    1872;    based   on    Stats. 

1861,  p.  533,  §  3. 

§  625a.  Unlawful  interferences  with  fire-alarm  apparatus. 
Penalty.  Any  person  who  willfully  and  maliciously  tampers 
wdth,  molests,  injures,  or  breaks  any  public  fire-alarm  ap- 
paratus, ware,  or  signal,  or  willfully  and  maliciously  sends, 
gives,  transmits,  or  sounds  any  false  alarm  of  fire,  by  means 
of  any  public  fire-alarm  system  or  signal,  is  punishable  by 
imprisonment  in  the  county  jail,  not  exceeding  one  year,  or 
by  a  fine,  not  exceeding  one  thousand  dollars,  or  by  both 
such  fine  and  imprisonment. 

Legislation  §  625a.     Added  by  Stats.  1903,  p.  137. 


PENAL    CODE.  ,  286 

TITLE  XV. 

Miscellaneous  Crimes. 

t'haptor  1.      Violation  ol"  the  Ijhus  i'or  tlie  Preservation  of  Game  and 
Fish.     §§  (;26-(337f. 
1 1.     Otlier  and  MiscoUaneons  Offenses.     §§  638-6o3e. 

CHAPTER  J. 
Violation  of  the  Laws  for  the  Preservation  of  Game  and  Fish. 

§  626.     Protection  of  ducks,  geese,  etc.     Quail.     Rabbits. 

§  (i2Ga.  Protection  of  doves. 

§  026b.  Nests  or  eggs. 

§  626c.  Killing  swans,  pheasants,  etc. 

§  626d.  Bag  limit;  geese,  ducks.     Quail.     Rabbits. 

§  626e.  Hunting  female  deer,  spotted  fawn,  etc.,  misdemeanor.  Hunters 
to  retain  portion  of  head  bearing  horns.  "Spiked  buck"  de- 
fined. 

§  626f.  Protection  of  deer.     Reindeer. 

§  626g.  Killing  tree  squirrels  from  January  1  to  Sejiteniber  ]. 

§  626h.  Protection  of  deer.  Affidavit  of  lawful  killing.  Tags.  Fee. 
After  close  of  open  season.     Limit.     Penalties. 

§  626i.  Limit   of  deer  that  may  be  killed. 

§  626j.  Permitting  more  than  one  dog  to  track  deer  a  misdemeanor. 

§  626k.  Sale  of  wild  game  prohibited. 

§  6261.  Live  birds  and  animals  for  certain  purposes. 

§  626m.  Killing  game  birds  at  night  a  misdemeanor. 

§  626n.  Use  of  animals  as  blinds. 

§  626o.  Shooting  from   moving  boats. 

§  626p.  When  sea  brant  may  not  be  killed.     Sea  braut  in  district  No.  1. 

§  626p.  Killing  beaver. 

§  626q.  Penalty  for  killing  sea  otter. 

§  626r.  No  section  of  this  number. 

§  626s.  Protection  of  game  birds  in  districts    Nos.  24-29. 

§  627.     Trespass  upon  inclosed   or  cultivated  grounds   a  misdemeanor. 

§  627a.  Certain  game  not  to  be  shipped. 

§  627b.  Shipments,  limit  of  certain  game. 

§  627c.  Protection   to  song-birds  and  their  nests.      [Repealed.] 

§  627d.  Penalties.     [Repealed.] 

§  628.  Protection  of  shrimp.  Spiny  lobster.  Crab.  Abaloue.  Cat- 
fish.    Sturgeon. 

§  628a.  Protection  of  bass.     Shad.     Limit. 

§  628b.  Protection  of  perch,  sunfish.     Bass. 

§  628c.  Young  fish  of  any  species.  Fish  in  pond  or  reservoir  belonging 
to  state.     Penalty. 

§  628d.  Fine  or  imprisonment.     Disposition  of  fines. 

§  62Se.  Protection  of  whiting.     Barracuda. 

§  628f.  Pismo  clams.     Cockles.     Razor  clams.     Crabs.     Fish  defined, 

§  628g.  Shipping  abalone  meat  prohibited.     Penalty,     [Repealed.] 

§  628g.  Salt-water  perch. 

§  628h.  Permission  to  plant  fish  and  fish  eggs. 

§  628i.  L"se  of  Chinese  shrimp  nets. 

§  629,  Fish  screens  over  ditch  inlets.  Investigation  as  to  necessity  of 
screens.     Taking  of  evidence.     Witness  fees.     Attendance  of 


287  PROTECTION   OF  GAME.  §  626 

witnesses.     Deposition  of  witnesses.     Penalty  for  refusing  to 

maintain  screen. 
§  630.     Fish    business    without    license    misdemeanor. 
§  630a.  Eeports  of  wholesale  fish  dealers.     Penalty. 
§  630b.  Failure  to  produce   register  misdemeanor. 
§  631.     Net,  pound,  cage,  trap,  etc.,  not  to  be  used. 
§  631a.  Penalty  for  violation. 

§  631b.  Disposition  of  money  from  fines.     Game-preservation  fund. 
§  631e.  Penalty   for   violation. 

§  631d.  License  to   raise   elk,  deer,  etc.,   as   a  business.     Fee. 
§  632.     Protection  of  trout. 

§  632*.  Protection  of  steelhead-trout.     Penalty.     [Repealed.] 
§  632a.  Shipment   of  trout.     Penalty.     Disposition  of  fines. 
§  632b.  Sacramento  perch. 

§  632b.  Salmon  or  steelhead  roe  as  bait  prohibited. 
§  632b3.  Use  of  salmon  or  steelhead  roe  as  bait  prohibited.     [Repealed]. 
§632(4)  Fishing  through  ice. 
§  633.     Protection  of  golden  trout. 
§634.     Protection    of    salmon.        Quinnat    salmon.     Steelhead    trout. 

Salmon  defined.     Penalty. 
§  634A.  Fishing  near  Santa  Catalina  limited  to  ho6k  and  line. 
§  635.     Killing  fish   with   explosives  prohibited.     Pollution  of   waters. 

Penalty. 
§  6354.  Use  of  two-mesh  fish  net  a  misdemeanor. 
§  636.     Regulation  of  use  of  nets,  lines  and  seines. 
§  6364.  Use  of  paranzella  or  trawl  net.     Penalty. 
§  636a.  Nets,  seines,  etc.,  prohibited. 
§  636b.  Seining  in  Mokelumne  river  prohibited. 
§  637.     Fishways  provided  over  or  around  dams.     To  be  kept  free  from 

obstructions.     Penalty  for   violation.     Hearing  on  necessity 

for  fishway.     Witnesses.     Depositions. 
§  6374.  Predatory  animals. 

§  637a.  Protection  of  wild  birds.     Game-birds  enumerated. 
S  637b.  Application  of  prohibition. 

§  637c.  Seals  in  Santa  I3arbara  Channel,  protection  of. 
§  637d.  Transportation  of  non-game  birds. 
§  637e.  Certificates  giving  right  to  take  birds. 
§  637f.  Protection  of  nests. 

§  626.     Protection  of  ducks,  geese,  etc.     Quail.     Rabbits. 

Every  person  who,  between  tlie  first  day  of  February  and 
the  fourteenth  dav  of  October,  inclusive,  of  any  year,  hunts, 
■pursues,  takes,  kills  or  destroys,  or  has  in  his  possession,  anv 
kind  of  wild  duck,  or  goose,  or  brant,  or  mudhen,  or  galli- 
nule,  or  Wilson  snine,  or  black  breasted  or  golden  ]-)lover, 
or  yellowlegs ;  or  who,  at  any  time,  takes,  kills  or  destroys, 
or  has  in  his  possesssion,  any  rail,  or  wood  duck,  or  wild 
r)igeon,  or  any  shore  birds,  except  Wilson  snipe,  black 
breasted  plover,  or  golden  plover,  or  yellowlegs,  or  any 
sandhill  crane,  whooping  crane  or  little  broM-n  crane;  or 
who,  between  the  first  day  of  Januarv  and  the  fourteenth 
dav  of  October,  inclusive  of  any  year,  hunts,  pursues,  takes, 
kills  or  destroys,  or  has  in  his  possession,  any  desert  or  val- 
ley quail,  or  cottontail  or  bush  rabbit ;  or  who,  betAveen  the 
first  day  of  December  and  the  thirty-first  day  of  August, 


§  626  PENAL    CODE.  288 

inclusive  of  the  following  year,  hunts,  pursues,  takes,  kills 
or  destroys  or  has  in  his  possession  any  mountain  (piail, 
grouse,  or  sagehen ;  provided,  that  in  fish  and  game  districts 
numbers  two,  three,  four,  and  any  fish  and  game  districts 
lying  between  the  nortliern  boundary  of  Mendocino  county 
and  the  southern  l)oundaiy  of  San  Diego  county,  every 
person,  who,  between  the  first  day  of  January  and  the  four- 
teenth day  of  October,  inclusive,  of  any  year,  hunts,  pur- 
sues, takes,  kills  or  destroys  or  has  in  his  possession  any 
grouse  or  mountain  quail  is  guilty  of  a  misdemeanor;  pro- 
vided, further,  that  nothing  in  this  section  shall  prohibit 
the  killing  or  pursuing  of  any  cottontail  or  bush  rabbit  by 
the  owner  or  tenant  of  any  premises,  or  by  any  person 
authorized  in  writing  by  such  owner  or  tenant,  but  the 
rabbits  so  killed  shall  not  be  shipped  or  sold  during  the 
closed  season.  [Amendment  approved  1915;  Stats.  1915, 
p.  1316.] 

Acts  for  the  protection  of  game:  See  post,  Appeudix,  tit.  "Game 
Laws." 

Legislation  §  626.  1.  Enacted  February  14,  1872  (based  on  stats. 
1869-70,  p.  853,  §  1;  Stats.  1871-72,  p.  102),  and  then  read:  "Every 
person  who,  in  the  counties  of  San  Bernardino  ur  Los  Angeles,  be- 
tween the  first  day  of  August  of  any  year  and  the  first  day  of  April 
of  the  next  year,  or  who  in  any  other  of  the  counties  of  this  state, 
except  the  counties  of  Lassen,  Plumas,  and  Sierra,  between  the  fif- 
teenth day  of  March  and  the  fifteenth  day  of  September  in  each 
year,  takes,  kills,  or  destroj's  quail,  partridges,  or  grouse,  mallard, 
wood,  teal,  spoonbill,  or  any  kind  of  broadbill  ducks,  is  guilty  of  a 
misdemeanor." 

2.  Amended  by  Code  Amdts.  1875-76,  p.  113,  to  read:  "Every  per- 
son who,  in  the  counties  of  San  Bernardino  or  Los  Angeles,  between 
the  first  day  of  April  of  any  year  and  the  first  day  of  August  of 
the  same  year,  or  who  in  any  other  of  the  counties  of  this  state, 
except  the  counties  of  Lassen,  Plumas,  and  Sierra,  between  the 
fifteenth  day  of  March  and  the  fifteenth  day  of  September  in  each 
year,  takes,  kills,  or  destroys  quail,  partridge,  or  grouse,  mallard, 
wood,  teal,  spoonliill,  or  any  kind  of  broadbill  ducks,  is  guilty  of  a 
misdemeanor." 

3.  Amended  by  Code  Amdts.  1877-78,  p.  119,  to  read:  "Every  per- 
son who,  in  the  counties  of  San  Bernardino  or  Los  Angeles,  between 
the  first  day  of  April  of  any  year,  and  the  first  day  of  August  of 
the  same  year,  or  who,  in  any  other  of  the  counties  of  this  state, 
except  the  counties  of  Lassen,  Plumas,  and  Sierra,  between  the 
fifteenth  day  of  March  and  the  fifteenth  day  of  September  in  each 
year,  hunts,  pursues,  takes,  kills,  or  destroys  quail,  partridge,  or 
grouse,  mallard,  wood,  or  summer  duck,  redhead,  gadwell,  or  gray 
duck,  or  blue-winged  teal,  is  guilty  of  a  misdemeanor.  Every  per- 
son who,  in  the  county  of  San  Joaquin,  between  the  first  day  of 
January  and  the  first  day  of  July  in  each  year,  hunts,  pursues,  takes, 
kills,  or  destroys  doves,  is  guilty  of  a  misdemeanor.  Every  person 
who,  at  any  time,  takes,  gathers,  or  destroys  the  eggs  of  anj'  mal- 
lard, wood,  or  summer  duck,  redhead,  teal,  gadwell,  or  gray  duck, 
or   any   other   species   of    wild   duck,   is   guilty   of    a   misdemeanor. 


289  PROTECTION   OF  GAME.  §  626 

Every  person  who  shall  have  any  of  the  aforesaid  game  in  liis  pos- 
session at  a  time  when  it  is  unlawful  to  kill  the  same  is  guilty  of 
a  misdemeanor." 

4.  Amended  by  Code  Amdts.  1880,  p.  41,  to  read:  "Every  person 
who,  in  any  of  the  counties  of  this  state,  between  the  fifteenth 
day  of  March  and  the  fifteenth  day  of  September,  in  each  year, 
hunts,  pursues,  takes,  kills,  or  destroys  quail,  partridges,  or  grouse, 
or  any  kind  of  duck,  or  rail,  or  marsh-hens,  is  guilty  of  a  misde- 
meanor. Every  person  who,  in  the  state  of  California,  between  the 
first  day  of  January  and  the  first  day  of  July,  in  each  year,  hunts, 
pursues,  takes,  kills,  or  destroys  doves,  is  guilty  of  a  misdemeanor. 
Every  person  who,  at  any  time,  takes,  gathers  or  destroys  the  eggs 
of  any  mallard,  wood,  or  summer-duck,  redhead,  teal,  gadwell,  or 
gray  duck,  or  any  other  species  of  wild  duck,  is  guilty  of  a  misde- 
meanor. Every  person  who  shall  have  any  of  the  aforesaid  game, 
or  any  male  deer  or  buck,  or  any  female  deer  or  doe,  or  any  ante- 
lope, elk,  or  mountain-sheep  in  his  possession  at  a  time  when  it  is 
unlawful  to  kill  the  same,  as  provided  by  this  section,  or  by  sec- 
tion six  hundred  and  twenty-eight  of  this  code,  is  guilty  of  a  mis- 
demeanor, and  proof  of  the  possession  of  any  of  the  aforesaid  game 
at  a  time  when  it  is  unlawful  to  kill  the  same  within  the  county 
wherein  the  same  is  found,  shall  be  prima  facie  evidence,  in  any 
prosecution  fjsr  a  violation  for  any  of  the  provisions  of  this  section, 
that  the  person  or  persons  in  whose  possession  the  same  is  found, 
took,  killed,  or  destroyed  the  same  in  the  county  wherein  the  same 
is  found,  during  the  period  when  it  was  unlawful  to  take,  kill,  or 
destroy  the  same." 

5.  Amended  by  Stats.  1883,  p.  80,  to  read:  "Every  person,  who, 
in  the  state  of  California,  between  the  first  day  of  March  and  the 
first  day  of  October  in  each  year,  hunts,  jiuisues,  takes,  kills,  or 
destroys  quail,  partridges,  or  grouse,  or  rail,  is  guilty  of  a  misde- 
meanor. Every  person  who,  in  any  of  the  counties  of  this  state,  at 
any  time  takes,  gathers,  or  destroys  the  eggs  of  any  quail,  partridge, 
or  grouse,  is  guilty  of  a  misdemeanor.  Every  person  who,  in  this 
state,  between  the  first  day  of  January  and  the  first  day  of  June 
in  each  year,  hunts,  pursues,  takes,  kills,  or  destroys  doves,  is  guilty 
of  a  misdemeanor.  Every  person  who,  between  the  first  day  of 
November  in  each  year  and  the  first  day  of  July  in  the  following 
year,  hunts,  pursues,  takes,  kills,  or  destroys  any  male  deer  or  buck, 
is  guilty  of  a  misdemeanor.  Any  person  in  the  state  of  California, 
who  has  in  his  possession  any  hides  or  skins  of  any  deer,  elk,  ante- 
lope, or  mountain-sheep,  .killed  between  the  first  day  of  November 
and  the  first  day  of  July,  is  guilty  of  a  misdemeanor.  Every  per- 
son who  shall  at  any  time  in  the  state  of  California  hunt,  pursue, 
take,  kill,  or  destroy  any  antelope,  elk,  mountain-sheep,  female  deer, 
or  doe,  shall  be  guilty  of  a  misdemeanor.  Every  person  who  shall 
at  any  time  hunt,  pursue,  take,  kill,  or  destroy  any  spotted  fawn, 
is  guilty  of  a  misdemeanor.  Every  person  who  shall  take,  kill,  or 
destroy  any  of  the  animals  mentioned  in  this  section  at  any  time, 
unless  the  carcass  of  such  animal  is  used  or  preserved  by  the  person 
taking  or  slaying  it,  or  is  sold  for  food,  is  guilty  of  a  misdemeanor. 
Every  person  who  shall  buy,  sell,  offer,  or  expose  for  sale,  transport, 
or  have  in  his  possession  any  deer  from  which  evidence  of  sex  has 
been  removed,  or  any  of  the  aforesaid  game  at  a  time  when  it  is 
unlawful  to  kill  the  same,  as  provided  by  this  and  subsequent  sec- 
tions, is  guilty  of  a  misdemeanor." 

Pen.  Code— 19 


§  626  '  PENAL   CODE.  290 

6.  Amended  by  Stats.  1887,  p.  236-,  to  read:  "Every  person  who, 
in  the  state  of  California,  between  the  first  day  of  March  and  the 
tentli  day  of  September,  in  each  year,  hunts,  pursues,  takes,  kills, 
or  destroys  quail,  partridges,  or  grouse,  or  rail,  is  guilty  of  a  mis- 
demeanor. Every  person  who,  in  any  of  the  counties  of  this  state, 
at  any  time,  takes,  gathers,  or  destroys  the  eggs  of  any  quail,  par- 
tridge, or  grouse,  is  guilty  of  a  misdemeanor.  Every  person  who, 
in  this  state,  between  the  first  day  of  January  and  the  first  day  of 
June  in  each  year,  hunts,  pursues,  takes,  kills,  or  destroys  doves,  is 
guilty  of  a  misdemeanor.  Every  person  who,  between  the  fifteenth 
day  of  December  in  each  year  and  the  first  day  of  July  in  the 
following  year,  hunts,  pursues,  takes,  kills,  or  destroys  any  male 
antelope,  deer,  or  buck,  is  guilty  of  a  misdemeanor.  Every  person 
in  the  state  of  California  who  has  in  his  possession  any  hides  or 
any  skins  of  deer,  elk,  antelope,  or  mountain-sheep,  killed  between 
the  fifteenth  day  of  December,  and  the  first  day  of  July,  is  guilty 
of  a  misdemeanor.  Every  person  who  shall  at  any  time,  in  the 
state  of  California,  hunt,  pursue,  take,  kill,  or  destroy  any  female 
antelope,  elk,  mountain-sheep,  female  deer,  or  doe,  shall  be  guilty 
of  a  misdemeanor.  Every  person  who  shall  at  any  time  hunt,  pur- 
sue, take,  kill,  or  destroy  any  spotted  fawn,  is  guilty  of  a  misde- 
meanor. Every  person  who  shall  take,  kill,  or  destroy  any  of  the 
animals  mentioned  in  this  section,  at  any  time,  unless  the  carcass 
of  such  animal  is  used  or  presented  by  the  person  taking  or  slaying 
it,  or  is  sold  for  food,  is  guilty  of  a  misdemeanor.  Every  person 
who  shall  buy,  sell,  offer  or  expose  for  sale,  transport  or  have  in 
his  possession  any  deer,  or  deer  skin  or  hide,  from  which  evidence 
of  sex  has  been  removed,  or  any  of  the  aforesaid  game  at  a  time 
when  it  is  unlaw^ful  to  kill  the  same,  provided  by  this  and  subse- 
sequent  sections,  is  guilty  of  a  misdemeanor." 

7.  Amended  by  Stats.  1891,  p.  472,  to  read:  "Every  person  who,  in 
the  state  of  California,  between  the  first  day  of  March  and  the 
first  day  of  October,  in  each  year,  hunts,  pursues,  takes,  kills,  or 
destroys  any  quail,  partridge,  or  grouse,  or  any  kind  of  wild  duck 
or  rail,  is  guilty  of  a  misdemeanor.  Every  person  who,  in  any  of 
the  counties  of  the  state  of  California,  at  any  time  takes,  gathers, 
or  destroys  the  eggs  of  any  quail,  partridge.  Or  grouse,  or  mallard 
duck,  or  any  kind  of  summer-duck,  redhead,  teal,  or  any  gray  duck, 
or  any  other  kind  of  wild  duck,  is  guilty  of  a  misdemeanor.  Every 
person  who,  in  the  state  of  California,  between  the  first  day  of 
January  and  the  first  day  of  July  in  each  year,  hunts,  pursues,  takes, 
kills,  or  destroys  doves,  is  guilty  of  a  misdemeanor.  Every  person 
who,  in  any  of  the  counties  of  the  state  of  California,  hunts,  pur- 
sues, takes,  kills,  or  destroys  any  male  deer,  antelope,  mountain- 
sheep,  or  buck  for  the  period  of  two  years  from  the  date  of  the 
passage  of  this  act,  is  guilty  of  a  misdemeanor.  Every  person  in 
the  state  of  California  who  has  in  his  possession  ahy  green  hides 
or  any  green  skins  of  any  deer,  elk,  antelope,  or  mountain-sheep, 
killed  after  the  passage  of  this  act,  and  before  the  expiration  of 
two  years  from  the  date  of  the  passage  of  this  act,  is  guilty  of  a 
misdemeanor.  Every  person  in  the  state  of  California  who,  at  any 
time  hunts,  pursues,  kills,  takes,  or  destroys  any  female  deer,  ante- 
lope, elk,  mountain-sheep,  or  doe,  shall  be  guilty  of  a  misdemeanor. 
Every   person   who   shall    at   any   time   hunt,   pursue,   take,   kill,   or 

.  destroy  any  spotted  f^wn,  is  guilty  of  a  misdemeanor.  Every  per- 
son who  shall  take,  kill,  or  destroy  any  of  the  animals  or  birds 
mentioned  in  this  section  at  any  time,  unless  the  carcass  of  such 
animal  or  bird  is  used  or  preserved  by  the  person  taking  or  slaying 


291  PROTECTION   OF  GAME.  §  626 

it,  or  is  sold  for  food,  is  guilty  of  a  misdemeanor.  Every  person 
who  shall  buy,  sell,  oflfer,  or  expose  for  sale,  transport,  or  carry, 
or  have  in  his  possession,  any  deer  or  deerskin;  or  any  hide,  or  pelt, 
from  which  the  evidence  of  sex  has  been  removed,  or  any  of  the 
aforesaid  game,  at  a  time  when  it  is  unlawful  to  kill  the  same,  as 
provided  by  this  and  subsequent  sections,  is  guilty  of  a  misde- 
meanor. Any  person  found  guilty  of  violating  any  of  the  pro- 
visions of  this  act  shall,  upon  conviction,  be  fined  in  a  sum  not 
less  than  one  hundred  (100)  dollars,  or  by  imprisonment  in  the 
county  jail  in  the  county  in  which  the  conviction  was  had  not  less 
than  one  hundred  days,  or  by  both  such  fine  and  imprisonment.  One 
half  of  all  moneys  collected  for  fines  for  violations  of  the  provisions 
of  this  section  shall  be  paid  to  the  informer,  one  quarter  to  the 
district  attorney  of  the  county  in  which  the  conviction  is  had,  and 
one  quarter  shall  be  paid  into  the  fish  commission  fund  for  the  pur- 
chase and  distribution  of  game-birds  in  the  various  counties  of  the 
state  of  California." 

8.  Amended  by  Stats.  1893,  p.  278,  to  read:  "Every  person  who, 
in  the  state  of  California,  between  the  first  day  of  March,  and  the 
first  day  of  September  in  each  year,  shall  hunt,  pursue,  take,  kill, 
or  destroy,  or  have  in  his  possession,  dead  or  alive,  except  for  pur- 
poses of  propagation,  any  quail,  bob-white,  partridge,  or  grouse,  or 
any  kind  of  wild  duck,  snipe,  or  rail,  shall  be  guilty  of  a  misde- 
meanor. Every  person  who,  in  the  state  of  California,  shall  take, 
gather,  or  destroy  the  eggs  of  any  quail,  bob-white,  partridge, 
pheasant,  grouse,  or  dove,  or  any  kind  of  wild  duck,  shall  be  guilty 
of  a  misdemeanor.  Every  person  who,  in  the  state  of  California, 
between  the  first  day  of  March  and  the  first  day  of  August,  in 
each  year,  shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his 
possession,  doves,  shall  be  guilty  of  a  misdemeanor.  Every  person 
who,  in  the  state  of  California,  shall,  within  the  two  years  next 
(except  from  September  first  to  October  fifteenth  in  each  year) 
after  the  passage  of  this  act,  hunt,  pursue,  take,  kill,  or  destroy 
any  male  deer,  elk,  antelope,  mountain-sheep,  or  buck,  shall  be 
guilty  of  a  misdemeanor.  Every  person  who,  in  the  state  of  Cali- 
fornia, shall  at  any  time  hunt,  pursue,  kill,  take,  or  destroy  any 
female  deer,  antelope,  elk,  mountain-sheep,  or  doe,  shall  be  guilty 
of  a  misdemeanor.  Every  person  who  shall  at  any  time  hunt,  pur- 
sue, take,  kill,  or  destroy  any  spotted  fawn,  shall  be  guilty  of  a 
misdemeanor.  Every  person  who  shall  take,  kill,  or  destroy,  at  any 
time,  any  bird  mentioned  in  this  section,  unless  the  carcass  of  such 
bird  is  used  or  preserved  by  the  person  so  taking  or  slaying  it,  or 
is  sold  for  food,  shall  be  guilty  of  a  misdemeanor.  Every  person 
in  the  state  of  California  who  shall  at  any  time  sell,  or  offer  for 
sale,  the  hide  or  meat  of  any  deer,  elk,  antelope,  or  mountain-sheep, 
shall  be  guilty  of  a  misdemeanor.  Every  person  who  shall  buy,  sell, 
offer,  or  expose  for  sale,  transport  or  carry,  or  have  in  his  possession, 
any  deer  or  deerskin,  or  any  deer  hide  or  pelt  from  which  the  evi- 
dence of  sex  has  been  removed,  or  any  of  the  aforesaid  game  at  a 
time  when  it  is  unlawful  to  kill  the  same,  shall  be  guilty  of  a  mis- 
demeanor. Every  person  who,  in  the  state  of  California,  shall, 
within  the  two  years  next  after  the  passage  of  this  act,  hunt,  pursue, 
take,  kill,  or  destroy,  or  have  in  his  possession,  except  for  pur- 
poses of  propagation,  any  pheasant,  shall  be  guilty  of  a  misde- 
meanor. Every  person  who  shall  at  any  time  net  or  pound  any 
quail,  partridge,  or  grouse,  and  every  person  who  shall  sell,  trans- 
port, or  give  away,  or  offer  or  expose  for  sale,  or  have  in  his  pos- 
session, any  quail,  partridge,  or  grouse  that  has  been  snared,  cap- 


§  626  PENAL   CODE.  292 

tured,  or  taken  in  or  by  any  means  of  any  net  or  pound,  is  guilty 
of  a  misdemeanor.  Proof  of  pussession  of  any  quail,  partridge,  or 
grouse  which  shall  not  slyjw  evidence  of  having  been  taken  by 
means  other  than  a  net  or  pound,  shall  be  "prima  facie"  evidence, 
in  any  prosecution  for  violation  of  the  provisions  of  this  section, 
that  tlie  person  in  whose  possession  such  quail,  partridge,  or  grouse 
is  found,  took,  killed,  or  destroyed  the  same  bj'  means  of  a  net  or 
pound.  Every  cold-storage  company,  person  keeping  a  cold-storage 
warehouse,  tavern  or  hotel  keeper,  restaurant  or  eating-house  keeper, 
marketman,  or  other  person  who  shall  sell,  expose,  or  offer  for  sale, 
or  give  away,  or  have  in  his  possession  in  this  state  any  deer,  quail, 
bob-white,  partridge,  pheasant,  grouse,  dove,  or  wild  duck  during 
the  time  it  shall  be  unlawful  to  kill  such  animal  or  bird,  shall  be 
guilty  of  a  misdemeanor.  Every  person  who  shall  use  a  shotgun 
of  a  larger  caliber  than  that  commonly  known  and  designated  as 
number  ten  gauge,  for  the  purpose  of  killing  or  destroying  any 
wild  duck,  rail,  quail,  partridge,  pheasant,  or  grouse,  shall  be  guilty 
of  a  misdemeanor.  Every  person  who,  upon  any  inclosed  or  culti- 
vated grounds  which  are  private  property,  and  where  signs  are  dis- 
played forbidding  such  shooting,  shall  shoot  any  quail,  bob-white, 
pheasant,  partridge,  grouse,  dove,  or  wild  duck,  without  pe-rmission 
first  obtained  from  the  owner  or  person  in  possession  of  such  grounds, 
shall  be  guilty  of  a  misdemeanor.  Any  person  found  guilty  of  a 
violation  of  any  of  the  provisions  of  this  section  shall  be  fined 
in  a  sum  not  less  than  twenty  dollars,  or  be  imprisoned  in  the 
county  jail  in  the  county  in  which  the  conviction  shall  be  had  not 
less  than  ten  days,  or  be  punished  by  both  such  fine  and  imprison- 
ment. One  half  of  all  moneys  collected  for  fines  for  violations  of 
this  section  shall  be  paid  to  the  informer,  one  quarter  to  the  district 
attorney  of  the  county,  and  one  quarter  shall  be  paid  into  tlie  fish 
commission  fund  for  the  purchase  and  distribution  of  game-birds 
in  the  various  counties  of  the  state." 

9.  Amended  by  Stats.  1895,  p.  256,  to  read:  "Every  person  who, 
in  the  state  of  California,  between  the  fifteenth  day  of  February 
and  the  fifteenth  day  of  October  in  each  year,  shall  hunt,  pursue, 
take,  kill,  or  destroy,  or  have  in  his  possession,  whether  taken  in 
the  state  of  California,  or  shipped  into  the  state  from  any  other 
state,  territory,  or  foreign  country,  except  for  purposes  of  propa- 
gation, any  valley-quail,  bob-white,  partridge,  robin,  or  any  kind 
of  wild  duck  or  rail,  shall  be  guilty  of  a  misdemeanor;,  provided, 
that  the  right  to  have  in  possession  for  the  purposes  of  propagation 
shall  first  be  obtained,  by  permit,  in  writing,  from  the  game-warden 
of  the  county  wherein  said  birds  are  to  be  caught." 

10.  Amended  by  Stats.  1897,  p.  90,  to  read:  "Every  person  who, 
between  the  first  day  of  March  and  the  first  day  of  October  in 
each  year,  shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his 
possession,  any  valley-quail,  bob-white,  partridge,  or  any  kind  of 
wild  duck  or  rail;  every  person  who,  between  the  fifteenth  day  of 
February  and  the  first  day  of  September  in  each  year,  shall  hunt, 
pursue,  take,  kill,  or  destroy,  or  have  in  his  possession,  any  moun- 
tain-quail or  grouse;  every  person  who,  between  the  fifteenth  day 
of  February  and  the  fifteenth  day  of  July  in  each  year,  shall  hunt, 
pursue,  take,  kill,  or  destroy,  or  have  in  his  possession,  any  dove 
or  doves;  every  person  who  shall  take,  gather,  or  destroy  the  eggs 
or  nest  of  any  quail,  bob-white,  partridge,  pheasant,  grouse,  dove, 
robin,  or  any  kind  of  wild  duck  or  rail;  every  person  who,  in  the 
state  of  California,  shall  at  any  time  hunt,  shoot,  shoot  at,  take, 
kill,   or   destroy,  buy,   sell,   give   away,   or  have  in  his  possession, 


293  PROTECTION   OF  GAME.  §  626 

except  for  the  purpose  of  propagation,  or  for  educational  or  scien- 
tific purposes,  any  Euglish  skylark,  robin,  canary,  humming-bird, 
thrush,  or  mocking-bird,  or  any  part  of  the  skin,  skins,  or  plumage 
thereof,  or  who  shall  rob  the  nests  or  take  or  destroy,  or  offer  for 
sale,  the  eggs  of  any  of  the  said  birds;  every  person  who,  before 
the  first  day  of  Mareii,  eighteen  hundred  and  ninety-nine,  shall 
hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his  possession,  any 
pheasant;  every  cold-storage  company,  person  keeping  a  cold-storage 
warehouse,  tavern  or  hotel  keeper,  restaurant  i)r  eating-house  keeper, 
marketman,  or  other  person,  who  shall  hwj,  sell,  expose  or  offer  for 
sale,  or  give  away,  or  have  in  his  possession,  any  quail,  bob-white, 
partridge,  robin,  grouse,  dove,  pheasant,  wild  duck,  or  rail,  during 
the  time  it  shall  be  unlawful  to  kill  such  birds;  every  person  who 
shall  hunt,  pursue,  take,  kill,  or  have  in  his  possession,  or  destroy, 
any  male  deer  between  the  fifteenth  day  of  October  and  the  fifteenth 
day  of  July  of  the  following  year;  every  person  who  shall  at  any 
time  hunt,  jjursue,  take,  kill,  or  destroy,  or  have  in  his  possession, 
any  female  deer,  or  spotted  fawn,  or  any  antelope,  elk,  or  moun- 
tain-sheep; every  person  who  shall  at  any  time  buy,  sell,  or  offer  for 
sale,  the  hide  or  meat  of  any  deer,  elk,  antelope,  or  mountain-sheep; 
every  person  who  shall  buy,  sell,  offer,  or  expose  for  sale,  transport 
or  carry,  or  have  in  his  possession,  the  skin,  hide,  or  pelt  of  any  deer 
from  which  the  evidence  of  sex  has  been  removed,  is  guilty  of  a 
misdemeanor;  provided,  however,  that  the  right  of  possession  for 
the  purpose  of  propagation  shall  first  be  obtained  by  a  permit  in 
writing,  from  the  board  of  fish  commissioners  of  the  state  of  Cali- 
fornia. Any  person  found  guilty  of  a  violation  of  any  of  the  provi- 
sions of  this  section  shall  be  fined  in  a  sum  not  less  than  twenty 
dollars  or  more  than  five  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  in  the  county  in  which  the  conviction  shall  be  had,  not 
less  than  ten  days  or  more  than  one  hundred  and  fifty  days,  or  be 
punished  by  both  such  fine  and  imprisonment.  It  shall  be  no  defense 
in  a  prosecution  for  a  violation  of  any  of  the  provisions  of  this  sec- 
tion that  the  birds  or  animals  were  taken  or  killed  outside  this  state; 
provided,  however,  that  nothing  in  this  section  shall  be  held  to 
apply  to  the  hide  of  any  of  said  animals  taken  or  killed  in  Alaska 
or  any  foreign  country." 

11.  Amended  by  Stats.  1901,  p.  819,  to  read:  "Every  person  who, 
between  the  first  day  of  February  and  the  first  day  of  October  of 
any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his  pos- 
session, whether  taken  or  killed  in  the  state  of  California,  or  shipped 
into  the  state  from  any  other  state,  territory,  or  foreign  country, 
any  quail,  partridge,  grouse,  or  sage-hen,  or  any  kind  of  wild  duck, 
or  any  rail,  or  any  curlew,  ibis,  or  plover,  is  guilty  of  a  misde- 
meanor.'' 

12.  Amended  by  Stats.  1903,  p.  2,  to  read:  "Every  person  who  be- 
tween the  fifteenth  day  of  February  and  the  fifteenth  day  of  Octo- 
ber of  any  year,  hunts,  pursues,  takes,  kills  or  destroys,  or  has  in 
his  possession,  whether  taken  or  killed  in  the  state  of  California, 
or  shipped  into  the  state  from  any  other  state,  territory  or  foreign 
country,  any  valley-quail,  or  partridge,  or  any  kind  of  wild  duck, 
or  any  rail,  or  any  curlew,  ibis  or  plover;  or  who  between  the  fif- 
teenth day  of  February  and  the  first  day  of  September  of  any  year, 
hunts,  pursues,  takes,  kills  or  destroys,  or  has  in  his  possession, 
whether  taken  or  killed  in  the  state  of  California,  or  shipped  into 
the  state  from  any  other  state,  territory  or  foreign  country,  any 
mountain-quail,  grouse,  or  sage-hen  is  guilty  of  a  misdemeanor." 


§  G2G  PENAL  couK.  204 

13.  Aniondccl  by  Slats.  1905,  p.  2.'5ij,  to  read:  "Every  person,  who, 
l)t't\\  coil  tlie  lit'teentli  day  of  l-'obrnary  and  tlic  fifteenth  day  of 
Octobi'v  of  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has 
in  his  possession,  whether  taken  or  killed,  in  the  state  of  California, 
or  shipped  into  the  state  from  any  other  state,  territory,  or  foreign 
country,  any  valle3'-quai!,  or  partridge,  or  any  kind  of  wild  duck, 
or  any  rail,  or  any  curlew,  ibis,  plover,  or  other  shore-birds  (Limi- 
cola;);  or  who,  between  the  first  day  of  April  and  the  fifteenth  day 
of  October  of  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or 
has  in  his  possession,  any  Wilson  snipe;  or  who  between  the  fifteentli 
day  of  February  and  the  first  day  of  September  of  any  year,  hunts, 
pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession,  whether 
taken  or  killed  in  the  state  of  California,  or  shipped  into  the  state 
from  any  other  state,  territory,  or  foreign  country,  any  mountain- 
quail,  grouse,  or  sage-hen,  is  guilty  of  a  misdemeanor." 

14.  Amended  by  Stats.  1907,  p.  760,  to  read:  "Every  person  who, 
between  the  fifteenth  day  of  February  and  the  first  day  of  October 
of  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his 
possession  any  kind  of  wild  duck;  or  who  between  the  fifteenth  day 
of  February  and  the  fifteenth  day  of  October  of  any  year,  hunts, 
pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession,  any  valley- 
quail,  or  partridge,  or  any  rail,  or  any  curlew,  ibis,  plover,  or  other 
shore-birds  (Limieola?) ;  or  who,  between  the  first  day  of  April  and 
the  fifteenth  day  of  October  of  any  year,  hunts,  pursues,  takes,  kills, 
or  destroys,  or  has  in  his  possession,  any  Wilson  snipe;  or  who,  be- 
tween the  fifteenth  day  of  February  and  the  first  day  of  September  of 
any  year,  hunts,  pursues,  takes,  kills,  destroys,  or  has  in  his  posses- 
sion, any  mountain-quail;  or  who,  at  any  time  prior  to  the  first  day 
of  September,  one  thousand  nine  hundred  and  nine,  hunts,  pursues, 
takes,  kills,  or  destroys,  or  has  in  his  possession,  any  grouse  or  sage- 

,  hen,  is  guilty  of  a  misdemeanor." 

15.  Amended  by  Stats.  1909,  p.  670,  to  read:  "Every  person  who, 
between  the  fifteenth  day  of  February  and  the  first  day  of  October 
of  any  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his 
possession,  any  kind  of  wild  duck,  black  sea-brant,  or  any  rail,  cur- 
lew, ibis,  plover,  or  other  shore-birds  (Limicolas),  or  who,  between 
the  first  day  of  February  and  the  first  day  of  October  of  any  year, 
hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession, 
any  desert  or  valley  quail;  or  who,  between  the  first  day  of  April 
and  the  first  day  of  October  of  any  year,  hunts,  pursues,  takes,  kills, 
or  destroys,  or  has  in  his  possession,  any  Wilson  snipe;  or  who,  at 
any  time  prior  to  the  first  day  of  September  one  thousand  nine  hun- 
dred and  eleven,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in 
his  possession,  any  mountain-quail,  grouse  or  sage-hen,  is  guilty  of 
a  misdemeanor." 

16.  Amended  by  Stats.  1911,  p.  810,  to  read:  "Every  person  who, 
between  the  first  day  of  March  and  the  fifteenth  day  of  October 
of  any  year,  hunts,  pursues,  takes,  or  kills,  or  destroys,  or  has  in 
his  possession  any  kind  of  wild  duck,  ibis,  or  other  shore-bird  (Limi- 
colffi),  or  who,  between  the  thirtieth  day  of  April  and  the  fifteenth 
day  of  November  of  any  year,  hunts,  pursues,  takes,  kills,  or  de- 
stroys, or  has  in  his  possession  any  Wilson  snipe,  plover  or  curlew; 
or  who,  between  the  fifteenth  day  of  February  and  the  fifteenth 
day  of  October  of  any  year,  hunts,  pursues,  takes,  kills,  or  destroys 
or  has  in  his  possession  any  desert  or  valley  quail;  or  who,  between 
the  first  day  of  December  and  the  first  day  of  September  of  the 
following  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or  has  in 
his  possession  any  mountain-quail,  grouse,  or  sage  hen;  or  who,  be- 


295  PROTECTION  OF  DOVES.  §  626a 

tween  the  first  day  of  February  and  the  thirty-first  day  of  July  of 
any  year,  hunts,  takes,  kills,  or  has  in  his  possession  any  cottontail 
rabbit  or  bush  rabbit;  or  who,  at  any  time  prior  to  the  first  day  of 
November,  1912,  hunts,  takes,  kills,  or  has  in  his  possession  any 
rail,  or  who  thereafter  between  the  first  day  of  December  of  any 
year  and  the  first  day  of  November  of  the  following  year,  hunts, 
takes,  kills,  or  has  in  his  possession  any  rail  is  guilty  of  a  misde- 
meanor, except  as  hereinafter  provided;  provided,  that  in  game  dis- 
tricts Nos.  1  and  6  of  the  state  of  California  every  person  who,  be- 
tween the  first  day  of  March  and  the  first  day  of  October  of  any 
year,  hunts,  takes,  kills,  or  destroys,  or  has  in  his  possession  any 
kind  of  wild  duck,  ibis,  or  other  shore  bird  (Limicolas),  or  who  in 
game  district  6,  between  the  fifteenth  day  of  November  of  any  year 
and  the  fifteenth  day  of  October  of  the  following  year,  hunts,  takes, 
kills,  or  destroys  or  has  in  his  possession  any  desert  or  valley-quail 
is  guilty  of  a  misdemeanor. 

17.  Amended  by  Stats.  1915,  p.  1316. 

§  626a.  Protection  of  doves.  Every  person  who,  be- 
tween the  first  day  of  December  and  the  thirty-first  day  of 
August,  inclusive,  of  any  year,  hunts,  takes,  kills,  pursues 
or  destroys,  or  has  in  his  possession,  any  dove,  is  guilty  of 
a  misdemeanor.  [Amendment  approved  1915 ;  Stats.  1915, 
p.  598.] 

Legislation  §  626a.  1.  Added  by  Stats.  1895,  p.  256,  as  §  626b,  and 
then  read:  "626b.  Every  person  who,  in  the  state  of  California,  be- 
tween the  fifteenth  day  of  February  and  the  first  day  of  July  in 
each  year,  shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his 
possession  any  dove  or  doves,  shall  be  guilty  of- a  misdemeanor." 

2.  Repealed  by  Stats.  1897,  p.  92;  the  subject-matter  of  the  section 
forming  a  clause  of  §  626  as  amended  at  that  session;  q.  v.,  ante, 
Legislation  §  626. 

3.  Re-enacted  by  Stats.  1901,  p.  819,  as  §  626a,  and  then  read: 
"626a.  Every  person  who,  between  the  first  day  of  February  and  the 
first  day  of  August  of  the  same  year,  hunts,  pursues,  takes,  kills,  or 
destroys,  or  has  in  his  possession  any  dove,  is  guilty  of  a  misde- 
meanor." 

4.  Amended  by  Stats.  1903,  p.  2,  to  read:  "626a.  Every  person 
who,  between  the  fifteenth  day  of  February  and  the  first  day  of 
July  of  the  same  year,  hunts,  pursues,  takes,  kills  or  destroys,  or 
has  in  his  possession,  any  dove,  is  guilty  of  a  misdemeanor." 

5.  Amended  by  Stats.  1907,  p.  761,  to  read:  "Every  person  who, 
between  the  fifteenth  day  of  October  of  any  year  and  the  fifteenth 
day  of  July  of  the  following  year,  hunts,  pursues,  takes,  kills  or 
destroys,  or  has  in  his  possession,  any  dove,  is  guilty  of  a  misde- 
meanor." 

6.  Amended  by  Stats.  1911,  p.  810,  to  read:  "Every  person  who, 
between  the  first  day  of  October  and  the  fifteenth  day  of  July  of 
the  following  year,  hunts,  takes,  kills,  pursues  or  destroys  or  has  in 
his  possession  any  dove  is  guilty  of  a  misdemeanor,  except  as  here- 
inafter provided;  provided,  that  in  game  districts  Nos.  4  and  6  of  the 
state  of  California  every  person  who,  between  the  first  day  of  No- 
vember and  the  first  day  of  September  of  the  following  year,  hunts, 
takes,  kills,  or  pursues  or  destroj's  or  has  in  his  possession  any  dove 
is  guilty  of  a  misdemeanor;  provided,  further,  that  every  person 
in  game  districts  Nos.  2  and  5  of  the  state  of  California  who,  be- 
tween the  fifteenth  day  of  October  and  the  first  day  of  August  of 


j;  G2Gc  PENAL  CODE.  296 

the  following  year,  luuils,  takes,  kills,  pursues  or  destroyH  or  has  in 
liis  possession  any  dove  is  guilty  of  a  misdemeanor." 

7.   .Vmeuded  by  Stats.  19i5,  p.  598. 

For  original  S  ()2()a,  added  in  1895,  see  post  Legislation   §  (i'Jfil). 

§  626b.  Nests  or  egg's.  Every  person  who  destroys  or 
lias  in  liis  i)ossession  the  nest  or  eggs  of  any  of  the  birds 
mentioned  in  this  eha[)ter,  is  guilty  of  a  misdemeanor. 

Legislation  §  626b.  1.  Added  by  Stats.  1895,  p.  256,  as  the  last 
sentence  of  §  tJ2Ga,  the  latter  section  reading,  "626a.  Every  person 
who,  in  the  state  of  California,  between  the  fifteenth  day  of  Febru- 
ary and  the  fifteenth  day  of  August  in  each  year,  sliall  hunt,  pursue, 
take,  kill,  or  destroy,  or  have  in  his  possession,  whether  taken  or 
killed  in  tlic  state  of  California,  or  shipped  into  the  state  from  any 
other  state,  territory,  or  foreign  country,  except  for  purposes  of 
propagation,  any  mountain-quail,  or  grouse,  shall  be  guilty  of  a  mis- 
demeanor; providevl,  that  the  right  to  have  in  possession  for  the 
j)urposes  of  propagation  shall  first  be  obtained,  by  permit,  in  writing, 
from  the  game-warden  of  the  county  wherein  said  birds  are  to  be 
caught.  Every  ''erson  who,  in  the  state  of  California,  shall  take, 
gatlier.  or  destroy  the  eggs  of  any  quail,  bob-white,  partridge,  pheas- 
ant, grouse,  dove,  or  robin,  or  any  kind  of  wild  duck,  shall  be 
guilty  of  a  misdemeanor." 

2.  Repealed  by  Stats.  1897,  p.  92;  the  subject-matter  of  the  section 
forming  a  clause  of  §626  as  amended  at  that  session;  q.v.,  ante. 
Legislation  §  626. 

3.  Re-enacted  by  Stats.  1901,  p.  819,  as  §  626b. 

For  the  original  §  G2Cb,  added  in  1895,  see  supra,  §  626a. 

§  626c.  Killing-  swans,  pheasants,  etc.  Every  person  who 
takes,  kills,  or  destroys,  or  has  in  his  possession  any  swan, 
or  any  wild  pheasants,  or  any  bob-Avhite  quail,  or  any  variety 
of  imported  quail  or  partridge,  or  wild  turkey,  is  guilty  of 
a  misdemeanor ;  provided,  however,  that  a  person  may  rear, 
propagate  and  have  in  possession  pheasants  and  the  increase 
thereof  reared  in  captivity,  or  pheasants  imported  from  a 
foreign  country,  and  such  artificially  propagated  or  im- 
ported pheasants  may  be  killed,  sold,  or  disposed  of  at  any 
season  of  the  year  upon  permission  from  the  state  board  of 
fish  and  game  commissioners ;  and  provided,  further,  that 
a  copy  of  such  permit  shall  be  attached  to  any  pheasants 
or  the  package  containing  the  same  in  plain  view  when  the 
same  shall  be  sold  or  disposed  of  as  hereinabove  provided. 
[Amendment  approved  1911;  Stats.  1911,  p.  322.] 

Legislation  §  626c.  1.  Added  by  Stats.  1901,  p.  819,  and  then 
read:  "626c.  Every  person  who  takes,  kills,  or  destroys,  or  has  in 
his  possession  any  Mongolian  or  English  pheasant,  or  any  bob-white, 
or  Eastern  or  Chinese  quail,  or  English  partridge,  is  guilty  of  a 
misdemeanor." 

2.  Amended  by  Stats.  1905,  p.  256,  to  read:  "626c.  Every  person 
who  takes,  kills,  or  destroys,  or  has  in  his  possession  any  swan,  or 
any  pheasant,  or  any  bob-white  quail,  or  any  variety  of  imported 
quail  or  partridge,  is  guilty  of  a  misdemeanor." 


297  BAG  LIMITS.  §  626d 

3.  Amended  by  Stats.  1909,  p.  670,  to  read:  "Every  person  who 
takes,  kills,  or  destroys,  or  has  iu  bis  possession  any  swan,  or  any 
wild  pheasants,  or  any  bob-white  quail,  or  any  variety  of  imported 
quail  or  partridge,  or  wild  turkey,  is  guilty  of  a  misdemeanor." 

4.  Amended  by  Stats.  1911,  p.  322. 

For  the  original  §  G2()e,  added  in  1S95,  see  post.  Legislation,  §  626f. 

§  626d.  Bag-  limit :  geese,  ducks.  Quail.  Rabbits.  Every 
person  who,  during  any  one  calendar  day,  hunts,  takes, 
kills,  pursues  or  destroys,  or  has  in  his  possession,  more 
than  twenty-five  wild  geese  (except  honker  geese  and  black 
sea  brant)  or  wild  ducks,  or  more  than  twelve  honker 
geese  or  black  sea  brant,  or  more  than  fifteen  desert  or  val- 
ley quail,  or  doves  or  black  breasted  and  golden  plover  or 
jack  snipe  or  yellowlegs,  or  more  than  ten  mountain  quail, 
or  more  than  four  grouvse,  or  more  than  four  sage-hens,  or 
more  than  fifteen  cottontail  or  bush  rabbits,  is  guilty  of  a 
misdemeanor ;  provided,  also,  that  any  person  who,  between 
sunrise  of  one  Sunday  and  sunrise  of  the  following  Sun- 
day, takes,  kills,  destroys  or  has  in  his  possession,  or  buys 
or  sells  or  offers  for  sale,  or  ships  or  offers  for  shipment, 
more  than  fifty  wild  geese  (except  honker  geese,  black  sea 
brant)  or  more  than  fifty  wild  ducks  or  more  than  twenty- 
four  honker  geese  or  black  sea  brant,  is  guilty  of  a  misde- 
meanor; provided,  further,  that  any  person  Avho,  between 
sunrise  of  one  Sunday  and  sunset  of  the  following  Sunday, 
takes,  kills,  destroys  or  has  in  his  possession,  or  ships,  or 
offers  for  shipment,  more  than  thirty  valley  or  desert  quail, 
jack  snipe,  yellowlegs,  golden  plover,  or  black  breasted 
plover,  or  more  than  twenty  mountain  quail,  or  more  than 
eight  grouse,  or  more  than  eight  sage-hens,  or  more  than 
thirty  cottontail  or  bush  rabbits  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1915;  Stats.  1915.  p.  1319.] 

Legislation  §  626d.  1.  Added  by  Stats.  1901,  p.  820,  and  then  read: 
"626d.  Every  person  who,  during  any  one  calendar  day,  takes,  kills, 
or  destroys,  or  has  in  his  possession,  more  than  twenty-five  quail, 
partridge,  snipe,  curlew,  or  ibis,  or  more  than  fifty  doves,  or  more 
than  fifty  ducks,  or  more  than  twenty  rails,  is  guilty  of  a  misde-* 
meanor." 

2.  Amended  by  Stats.  1905,  p.  256,  to  read:  "626d.  Every  person 
who,  during  any  one  calendar  day,  takes,  kills,  or  destroys,  or  has 
in  his  possession,  more  than  twenty-five  quail,  partridge,  doves, 
snipe,  curlew,  ibis,  plover,  rail,  or  any  other  shore-birds,  (Limicolae), 
or  more  than  fifty  wild  ducks,  is  guilty  of  a  misdemeanor." 

3.  Amended  by  Stats.  1907,  p.  761,  substituting  "thirty-five  wild 
ducks"  for  "fifty  wild  ducks." 

4.  Amended  by  Stats  1909,  ]).  670,  to  read:  "Every  person  who, 
during  any  one  calendar  day,  takes,  kills,  or  destroys,  or  has  in  his 
possession,  more  than  twenty-five  wild  ducks,  or  black  sea-brant, 
or  more  than  twenty  quail,  sni])e,  curlew,  ibis,  plover,  rail,  or  any 
other  shore-birds  (Limicola'),  or  more  than  twenty  doves,  is  guilty 
of  a  misdemeanor." 


§  626e  PENAL  CODE.  2\)S 

5.  Amended  by  Stats.  1911,  p.  811,  to  read:  "Every  person  who', 
during  any  one  calendar  day,  takes,  kills,  or  destroys  or  has  in  bis 
possession  more  than  twenty-five  wild  ducks,  or  black  sea-brant,  or 
more  than  twenty  desert  or  valley  quail,  snipe,  curlew,  ibis,  plover, 
rail,  or  any  otlior  shore-birds  (Limicol;e).  or  more  than  twenty  doves, 
or  more  tiian  ten  mountain  quail,  or  more  than  four  grouse,  or  more 
than  four  sage-hens,  or  more  than  fifteen  cottontail  or  bush  rabbits 
is  guilty  of  a  misdemeanor;  provided,  also,  that  any  person  who 
between  sunrise  of  one  Sunday  and  sunrise  of  the  following  Sunday, 
takes,  kills,  or  destroys  more  than  fifty  ducks,  or  black  sea-brant 
is  guilty  of  a  misdemeanor." 

e.  Amended  by  Stats.  1915,  p.  1319. 

For  the  original  section  62Gd,  added  in  1S95,  see  infra  Legislation 
§  626a. 

§  626e.  Hunting-  female  deer,  spotted  fawn,  etc.,  misde- 
meanor. Hunters  to  retain  portion  of  head  bearing'  horns. 
"Spiked  buck"  defined.  1.  Every  person,  who  hunts,  pur- 
sues, takes,  kills,  destroj^s  or  has  in  his  possession  any 
female  deer,  spotted  fawn,  spiked  buck,  antelope  or  moun- 
tain sheep,  is  guilty  of  a  misdemeanor. 

2.  Every  person  taking  or  killing  any  deer  must  retain 
in  his  possession,  during  the  open  season,  and  for  ten  days 
after  the  close  of  the  open  season,  the  skin  and  portion  of 
the  head  bearing  the  horns,  and  must  produce  this  upon 
the  demand  of  any  officer  authorized  to  enforce  the  fish 
and  game  laws.  Any  person  failing  to  comply  with  the 
provisions  of  this  section  is  guilty  of  a  misdemeanor. 

3.  For  the  purpose  of  this  act,  any  male  deer  with 
straight,  unbranched  horns,  or  antlers,  shall  be  considered 
a  "spiked  buck."  [Amendment  approved  1915 ;  Stats.  1915, 
p.  338.] 

Legislation  §  626e.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1854,  Rediling  ed.  p.  55.  Kerr  ed.  p.  263,  §  2),  as  §  628,  which  re'ad: 
"628.  Every  person  who,  between  the  first  day  of  January  and 
the  first  day  of  July  in  each  year,  takes,  kills,  or  destroys  any  elk, 
deer,  or  antelope,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Code  "Amdts.  1875-76,  p.  114,  to  read:  "628. 
Every  person  who,  between  the  first  day  of  January  and  the  first 
day  of  September  in  each  year,  takes,  kills,  or  destroys  any  elk,  deer, 
mountain-sheep,  or  antelope,  is  guilty  of  a  misdemeanor;  and  every 
person  who  shall  take,  kill,  or  destroy  any  of  the  animals  herein 
mentioned  at  any  time,  unless  the  carcass  of  such  animal  is  used  or 
preserved  by  the  person  slaying  it,  or  is  sold  for  food,  is  guilty  of 
a  misdemeanor." 

3.  Amended  by  Code  Amdts.  1877-78,  p.  120,  to  read:  "628. 
Every  person  who,  between  the  first  day  of  November  in  each  year, 
and  the  first  day  of  July  of  the  following  year,  hunts,  pursues,  takes, 
kills,  or  destroys  any  male  deer  or  buck,  is  guilty  of  a  misdemeanor. 
Every  person  who  shall,  for  the  period  of  four  years  from  and  after 
the  passage  of  this  act,  pursue,  hunt,  take,  kill,  or  destroy  any  ante- 
lope, elk,  or  mountain-sheep,  or  female  deer  or  doe,  shall  be  guilty 
of   a   misdemeanor.     Every   person   who,   after   the   passage   of   this 


299  PROTECTION  OF  DEER.   REINDEER.  §  626f 

act,  shall  kill  any  spotted  fawn,  shall  be  guilty  of  a  misdemeanor. 
Every  person  who,  after  the  passage  of  this  act,  shall  take,  kill,  or 
destroy  any  of  the  animals  mentioned  in  this  section,  at  any  time, 
unless  the  carcass  of  such  animal  is  used  or  preserved  by  the  per- 
son slaying  it,  or  is  sold  for  food,  is  guilty  of  a  misdemeanor." 

4.  Eepealed  by  Stats.  1883,  p.  82,  the  subject-matter  of  the  section 
having  been  transferred  to  §  626  in  1880,  forming  part  of  that  sec- 
tion until  1895.  See  ante.  Legislation  §  626.  See,  also,  post,  Legis- 
lation §  626f,  for  further  legislation  on  same  subject. 

5.  Added  by  Stats.  1895,  p.  256,  as  a  new  section,  numbered  626d, 
and  then  read:  "626d.  Every  person  who,  in  the  state  of  Cali- 
fornia, shall  at  any  time  hunt,  pursue,  take,  kill,  or  destroy  any 
female  deer,  or  spotted  fawn,  or  any  antelope,  elk,  or  mountain- 
sheep,  shall  be  guilty  of  a  misdemeanor." 

6.  Eepealed  by  Stats.  1897,  p.  92,  the  subject-matter  of  the  sec- 
tion forming  a  clause  of  §  626  as  amended  at  that  session;  q.v.,  ante, 
Legislation  §  626. 

7.  Ke-enacted  by  Stats.  1901,  p.  820,  as  §  626e,  to  read:  "Every 
person  who  pursues,  takes,  kills,  or  destroj's,  or  has  in  his  possession, 
any  female  deer  or  spotted  fawn,  or  any  antelope,  elk,  or  mountain- 
sheep,  is  guilty  of  a  misdemeanor." 

8.  Amended'^by  Stats.  1915,  p.  338. 

For  the  original  §  626e,  added  in  1895,  see  infra.  Legislation  §  626h. 

626f.  Protection  of  deer.  Reindeer.  Every  person  who, 
between  the  fifteenth  day  of  October  and  the  fourteenth 
day  of  August,  inclusive,  of  the  folloAving  year,  hunts,  pur- 
sues, takes,  kills  or  destroys  or  has  in  his  possession, 
whether  taken  or  killed  in  the  State  of  California,  or 
shipped  into  the  state  from  any  other  state  or  territory  or 
foreign  country,  any  male  deer  or  any  deer  meat,  is  guilty 
of  a  misdemeanor,  except  as  hereinafter  provided ;  pro- 
vided, that  every  person  in  game  districts  two  and  three 
of  the  State  of  California,  who,  between  the  fifteenth  day 
of  September  and  the  thirty-first  day  of  July,  inclusive, 
of  the  following  year,  hunts,  pursues,  takes,  kills  or  de- 
stroys, or  has  in  his  possession,  whether  taken  or  killed  in 
the  State  of  California,  or  shipped  into  the  state  from  any 
other  state  or  territory  or  foreign  country,  any  male  deer, 
or  any  deer  meat  is  guilty  of  a  misdemeanor;  provided, 
further,  that  every  i^erson  in  game  district  four  of  the  State 
of  California,  who,  betAveen  the  first  day  of  October  and 
the  thirty-first  day  of  August,  inclusive,  of  the  year  follow- 
ing, hunts,  pursues,  takes,  kills  or  destroys,  or  has  in  his 
possession,  whether  taken  or  killed  in  the  State  of  Califor- 
nia, or  shipped  into  the  state  from  any  other  state  or  terri- 
tory or  foreign  country,  any  male  deer,  or  any  deer  meat, 
is  guilty  of  a  misdemeanor;  provided,  further,  that  domes- 
ticated reindeer  may  be  imported  and  sold,  subject  to  such 
regulations  as  may  be  required  by  the  fish  and  game  com- 
mission.    [Amendment  approved  1915;  Stats.  1915,  p.  1817.] 


§  626f  PENAL    CODE.  300 

Legislation  §  626f,     1.  Enacled  February   14,  1872,  as  §  628;  q.  v., 

aiiie,  Lc'guslauuii  §  uliGe,  and  see  subsequent  legislation,  until  added 
us   a   new   sectiou  in    lb\)o. 

2.  Added  by  tStats.  1895,  [).  li.lG,  as  a  new  section  numbered 
§  62(5c,  and  then  read:  "626c'.  Every  person  who,  in  the  state  of  Cali- 
I'ornia,  shall  hunt,  pursue,  take,  kill,  or  destroy  any  male  deer,  be- 
tween the  fifteenth  day  of  October  and  the  fifteenth  day  of  July 
of  the  following  year,  shall  be  guilty  of  a  misdemeanor." 

3.  Kepealed  by  Stats.  1897,  p.  92;  the  subject-matter  of  the  sec- 
tion forming  a  clause  of  §  626  as  amended  at  that  session;  q.  v.,  ante, 
Legislation  §  626. 

4.  Re-enacted  by  Stats.  1901,  p.  820,  as  §  626f,  and  then  read: 
"626f.  Every  person  who,  between  the  first  day  of  October  of  any 
year  and  the  first  day  of  August  of  the  following  .year,  hunts,  ])ur- 
sues,  takes,  kills,  or  destroys,  or  has  in  his  possession,  whether  taken 
or  killed  in  the  state  of  California,  or  shipped  into  the  state  from 
any  other  state,  territory,  or  foreign  country,  any  male  deer  or  any 
deer  meat,  is  guilty  of  a  misdemeanor."' 

5.  Amended  by  Stats.  1903,  p.  3,  to  read:  "626f.  Every  person 
who  between  the  first  day  of  November  and  the  fifteenth  day  of 
July  of  the  following  year,  hunts,  pursues,  takes,  kills  or  destroys, 
or  has  in  his  possession,  whether  taken  or  killed  in  the  state  of  Cali- 
fornia, or  shipped  into  the  state  from  any  other  state,  territory,  or 
foreign  country,  any  male  deer,  or  any  deer  meat,  is  guilty  of  a 
misdemeanor." 

6.  Amended  ])y  Stats.  1905,  p.  256,  changing  (1)  "November"  to 
"October"  and  (2)   "July"  to  "August." 

7.  Amended  by  Stats.  1907,  p.  763,  to  read:  "626f.  Every  person 
who,  between  the  first  day  of  October  and  the  fifteenth  day  of  July 
of  the  following  year,  hunts,  pursues,  takes,  kills,  or  destroys,  or 
has  in  his  possession,  whether  taken  or  killed  in  the  state  of  Cali- 
fornia, or  shipped  into  the  state  from  any  other  state,  territory,  or 
foreign  country,  any  male  deer,  or  any  deer  meat,  is  guilty  of  a 
misdemeanor." 

8.  Amended  by  Stats.  1909,  p.  517,  (1)  changing  "the  first  day  of 
October"  to  "the  first  day  of  November";  (2)  omitting  the  word 
"kills"  from  the  scries  "hunts,  pursues,  takes,  kills,  or  destroys"; 
(3)  the  text  follows  that  of  the  bill  as  approved  by  the  governor 
March  21,  19U7,  although  the  official  bound  volume  of  the  statutes 
of  1909  has  "August"  instead  of  "July,"  the  error  occurring  through 
the  introduction  of  several  amendments  of  the  section;  the  attorney- 
general,  in  an  opinion  given  to  the  fish  and  game  commissionj  July 
8,  1909,  saying,  "The  act  fixing  July  15th  as  the  date  of  the  begin- 
ning of  the  open  season  being  the  only  act  to  receive  executive  ap- 
proval, I  advise  you  that  such  act  is  the  law  now  in  force." 

9.  Amended  by  Stats.  1911,  p.  811  to  read:  "Every  person  who 
between  the  first  day  of  November  and  the  fifteenth  day  of  August 
of  the  following  year  hunts,  pursues,  takes,  or  destroys,  or  has  in 
his  possession,  whether  taken  or  killed  in  the  state  of  California, 
or    shipped    into    the    state   from    any    other    state,    or    territory,    or 

■  foreign  countrj-  any  male  deer,  or  any  deer  meat,  is  guilt.y  of  a  mis- 
demeanor, except  as  hereinafter  provided;  provided,  that  every  per- 
son in  game  districts  Nos.  2,  4  and  5  of  the  state  of  California  who, 
between  the  first  day  of  September  and  the  first  day  of  July  of  the 
following  year,  hunts,  pursues,  takes,  or  destroys,  or  has  in  his 
possession,  whether  taken  or  killed  in  the  state  of  California,  or 
shipped  into  the  state  from  any  other  state,  territory,  or  foreign 
country,  any  male  deer,  or  any  deer  meat,  is  guilty  of  a  misde- 
meanor;   provided,  fui'tlier,  that  every  persim   in  g.-ime  district    No.  li 


301        PROTECTION  OF  TREE  SQUIRRELS  AND  DEER.     §  62Gh 

of  the  state  of  California,  who,  between  the  fifteenth  day  of  Sep- 
tember and  the  fifteenth  day  of  August  of  the  following  year,  hunts, 
])ursues,  takes,  or  destroys,  or  has  in  his  possession,  whether  taken 
or  killed  in  the  state  of  California,  or  shipped  into  the  state,  from 
any  other  state,  territory  or  foreign  country,  any  male  deer,  or  any 
deer  meat,  is  guilty  of  a  misdemeanor." 
10.  Amended  by'Stats.  1915,  p.  1317. 

§  626g.  Killing  tree  squirrels  from  January  1  to  Septem- 
ber 1.  Every  person  who  between  the  first  day  of  January 
and  the  first  day  of  September  of  the  same  year,  hunts, 
takes,  kills,  or  destroys,  or  has  in  his  possession,  any  species 
of  tree  squirrel,  or  who  at  any  time  buys,  sells,  offers  for 
sale,  or  has  in  his  possession  for  sale,  any  tree  squirrel  is 
guilty  of  a  misdemeanor,  and  every  person  who  takes,  kills, 
or  destroys,  or  has  in  his  possession,  more  than  twelve  tree 
squirrels  during  any  one  open  season,  is  guilty  of  a  mis- 
demeanor, provided  that  none  of  the  provisions  of  this  sec- 
tion'shall  in  any  manner  apply  to  the  county  of  Mendocino 
in  said  state.  [Amendment  approved  1911 ;  Stats.  1911, 
p.  285.] 

Legislation  §  626g.  1.  Added  by  Stats.  1901,  p.  -820,  and  then 
read:  "Every  person  who  hunts,  takes,  kills,  or  destroys,  or  has  in 
his  possession,  between  the  first  day  of  February  and  the  first  day 
of  August  of  any  year,  any  species  of  tree  squirrel,  is  guilty  of  a 
misdemeanor." 

2.  Amended  by  Stats.  1905,  p.  2.56,  omitting  "between  the  first 
day  of  February  and  the  first  day  of  August." 

3.  Amended  by  Stats.  1907,  p.  761,  to  read:  "Every  person  who, 
between  the  first  day  of  January  and  the  first  day  of  September  of 
the  same  year,  hunts,  takes,  kills,  or  destroys,  or  has  in  his  posses- 
sion, any  species  of  tree  squirrel,  or  who  at  any  time'  buys,  sells, 
offers  for  sale,  or  has  in  his  possession  for  sale,  any  tree  squirrel,  is 
guilty  of  a  misdemeanor,  and  every  person  who  takes,  kills,  or  de- 
stroys, or  has  in  his  possession,  more  than  twelve  tree  squirrels  dur- 
ing any  one  open  season,  is  guiltv  of  a  misdemeanor." 

4.  Amended  by  Stats.  1911,  p.  ^28.3. 

The  original  §  626g,  added  in  1895,  entitled  "Pheasants  protected 
for  three  years,"  was  repealed  in  1897,  the  subject-matter  being 
amended  and  forming  a  part  of  §  626  as  amended  at  that  session; 
q.  v.,  ante.  Legislation,  §  626. 

§  626h.  Protection  of  deer.  Affidavit  of  lawful  killing-. 
Tags.  Fee.  After  close  of  open  season.  Limit.  Penalties. 
Every  person  v^ho  buys,  sells,  offers  or  exposes  for  sale, 
barter  or  trade,  the  hide,  pelt  or  skin  of  any  deer,  or  who 
transports,  carries,  or  has  in  his  possession,  the  skin,  pelt 
or  hide  of  any  female  deer,  or  spotted  fawn,  or  any  deer  hide 
or  pelt  from  which  the  evidence  of  sex  has  been  removed,  is 
guilty  of  a  misdemeanor ;  provided,  however,  that  the  provi- 
sions of  this  section  shall  not  apply  to  the  skin,  pelt  or  hide 
of  any  deer  killed  or  taken  in  a  foreign  country ;  provided, 
hoM'ever,  that  any  person  who  sliall  lawfully  kill  deer  dur- 


§  626h  PENAL   CODE.  302 

iiig  llio  open  sojisDii  may  make  an  aflifla\i1  Ix-foin;  any  jus- 
tice ol'  the  peace  or  county  clerk,  settinp,-  J"(jrtli  the  date  of 
the  killing  of  each  fleer,  and  tliat  the  same  was  killed  by 
the  affiant;  and  said  justice  of  the  peace  or  county  clerk 
taking  such  affidavit  shall,  unless  he  have  reason  to  believe 
that  said  affidavit  is  false,  or  that  the  affiant  has  violated 
the  laAvs  relating  to  the  killing  of  game,  thereupon  deliver 
to  the  affiant  one  leather  tag  of  the  character  hereinafter 
described  for  the  hide  of  each  deer  covered  by  said  affidavit, 
not  exceeding  two  in  any  one  year,  and  the  person  so  re- 
ceiving such  tag  or  tags  shall  securely  fasten  with  wire 
one  tag  to  each  deer  skin  and  shall  thereupon  be  entitled 
to  otfer  said  deer  skin  for  sale  or  exchange  or  transporta- 
tion to  any  point  within  the  state  between  August  1st  and 
December  31st,  both  dates  inclusive.  The  tags  above  re- 
ferred to  shall  be  designed  and  issued  by  the  state  board  of 
fish  commissioners,  or  the  chief  officer  charged  with  the 
enforcement  of  the  game  law^s,  and  shall  bear  a  stamp  im- 
pressed thereon  containing  a  number  and  the  year  of  issue, 
and  such  other  words  or  figures  as  such  board  or  officer 
may  determine.  Such  tags  shall  be  numbered  consecutively 
beginning  with  No.  1  each  year,  and  shall  be  distributed 
to  the  various  county  clerks  of  this  state  to  be  distributed 
to  the  justices  of  the  peace  of  their  respective  counties. 
Each  county  clerk  shall  receipt  for  the  tags  so  received  by 
him  and  shall  take  from  each  justice  of  the  peace  to  whom 
he  shall  issue  any  of  such  tags  a  receipt  in  duplicate,  one 
copy  of  which  he  shall  file  in  his  office  and  the  other  of 
w^hieh  he  shall  forward  to  the  state  board  of  fish  commis- 
sioners. Each  justice  of  the  peace  or  county  clerk  taking 
any  such  affidavit  and  issuing  any  such  tag  shall  enter 
upon  each  affidavit  the  number  of  the  tags  issued  by  him 
to  the  affiant,  and  ho  shall  forward  to  the  county  clerk  of 
his  county  Avithin  five  days  from  the  close  of  the  open  sea- 
son for  deer  in  each  year  all  such  affidavits,  and  all  unused 
tags,  and  said  clerk  shall  forward  all  of  the  same  to  the 
state  board  of  fish  commissioners.  Such  affidavit  may  also 
be  taken  by  and  filed  with  any  county  clerk  or  his  chief 
deputy  who  ma^^  issue  tags  direct  to  affiant  under  the  regu- 
lations hereinbefore  mentioned.  Each  county  clerk  or  his 
chief  deputy  or  justice  of  the  peace  transmitting  any  such 
affidavit  may  make  a  charge  to  the  affiant  of  tw^enty-five 
cents,  but  no  other  fee  shall  be  collected  for  the  taking  of 
such  affidavits.  No  tag  shall  be  issued  to  any  person  in  any 
year  for  any  deer  hide  after  the  expiration  of  five  days 
from  the  close  of  the  open  season  for  deer,  nor  shall  more 
than  two  tags  be  issued  to  any  person  in  any  one  year.     Any 


303        PROTECTION  OF  TREE  SQUIRRELS  AND  DEER.     §  626h 

person  other  than  a  county  clerk,  justice  of  the  peace,  or 
fish  and  game  conniiissioner,  who  has  in  his  possession  more 
than  two  tags  in  any  one  year  which  are  not  attached  to 
deer  hides,  is  guilty  of  a  misdemeanor.  Any  person  who 
shall  willfully  make  a  false  affidavit  for  the  purpose  of  se- 
curing any  tag  hereinbefore  mentioned,  or  who  shall  coun- 
terfeit or  alter,  or  attempt  to  counterfeit,  or  alter  any  such 
tag  issued  by  the  said  board  of  fish  commissioners  shall  be 
guilty  of  a  misdemeanor.  Every  tanner  or  manufacturer 
who  receives  hides  and  does  not  immediately  upon  receiv- 
ing the  same  at  his  tannery  or  factory  mark  the  attached 
tags  by  punching  two  holes  in  the  same,  is  guilty  of  a  mis- 
demeanor. Every  person  who  attaches  a  tag  which  has 
been  so  punched  to  a  hide  other  than  the  one  to  which  it 
was  originally  attached,  is  guilty  of  a  misdemeanor.  Every 
person  who  buys,  sells,  offers  or  exposes  for  sale,  barter  or 
trade,  or  transports  or  carries  any  deer  hide  within  this  state 
unless  the  same  shall  have  attached  thereto  a  leather  tag  as 
hereinbefore  provided  is  guilty  of  a  misdemeanor.  Every 
person  violating  any  of  the  provisions  of  this  act  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars  or 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  of  the  county  in  which  the  conviction  shall  be 
had  not' less  than  ten  days  or  more  than  one  hundred  and 
fifty  days,  or  by  both  such  fine  and  imprisonment.  ^All  fines 
and  forfeitures  imposed  and  collected  for  any  violation  of 
this  act  must  be  paid  into  the  state  treasury  to  the  credit 
of  the  fish  and  game  preservation  fund.  [Amendment  ap- 
proved 1915;  Stats.  1915,  p.  1287.] 

Legislation  §  626h.  1.  Added  by  Stats.  1895,  p.  257,  as  §§  626e, 
626f,  which  read:  "62(je.  Every  person  who,  in  the  state  of  Cali- 
fornia, shall  at  any  time  buy,  sell,  or  offer  for  sale  the  hide  or  meat 
of  any  deer,  elk,  antelope,  or  mountain-sheep,  whether  taken  or 
killed  in  the  state'  of  California,  or  shipped  into  the  state  from  any 
other  state  or  territory,  shall  be  guilty  of  a  misdemeanor;  provided, 
that  nothing  in  this  section  shall  be  held  to  apply  to  the  hide  of 
any  of  said  animals  taken  or  killed  in  Alaska,  or  any  foreign  coun- 
try. 626f.  Every  person  who  shall  buy,  sell,  offer,  or  expose  for 
sale,  transport,  or  carry,  or  have  in  his  possession  the  skin,  hide,  or 
pelt  of  any  deer  from  which  the  evidence  of  sex  has  been  removed, 
shall  be  guilty  of  a  misdemeanor." 

2.  §§  626e  and  626f  repealed  by  Stats.  1897,  p.  92,  the  subject- 
matter  being  amended  and  forming  a  part  of  §  626  as  amended  at 
that  session;  q.  v.,  ante,  Legislation  §  626. 

3.  §§  626e  and  626f  amended  and  re-enacted  as  §  626h  by  Stats. 
1901,  p.   820,  and  then  read:   "626h.  Every  person  who  buys,  sells, 


§  026 j  PENAL   CODE.  304 

oH'crs  or  cxjiosos  lor  salo,  tra)isi)ort.s  or  carries,  or  lias  in  liis  posses- 
sion, the  skin,  pelt  or  hide  of  any  female  deer,  or  spotted  fawn,  or 
any  deer  hide  or  pelt  from  wliich  the  tnidcncc  of  sex  lias  liccn  re- 
moved, is  guilty  of  a  misdemeanor." 

4.  Amended  by  Stats.  1903,  p.  3,  to  read:  "Every  person  who  buys, 
sells,  offers  or  exposes  for  sale,  barter  or  trade,  the  hide,  pelt  or 
skin  of  any  deer,  or  who  transports,  carries,  or  has  in  his  possession, 
the  skin,  pelt  or  hide  of  any  female  deer,  or  spotted  fawn,  or  any 
deer  hide  or  pelt  from  which  the  evidence  of  sex  has  been  removed, 
is  guiltj-  of  a  misdemeanor;  provided,  however,  that  the  provisions 
of  this  section  shall  not  apply  to  the  skin,  pelt  or  hide  of  any  deer 
killed  or  taken  in  a  foreign  country."' 

5.  Amended  by  Stats.  1915,  p.  1287;  the  original  §  62Gh,  added  by 
Stats.  189.T,  p.  257,  prohibited  the  possession,  etc.,  of  game-birds 
during  the  close  season,  and   was  repealed  by  Stats.  1897,  p.  92. 

§  626i.  Limit  of  deer  that  may  be  killed.  Every  person 
who  takes,  kills  or  destroys  or  has  in  his  possession,  whether 
taken  or  killed  in  the  state  of  California  or  shipped  into 
the  state  from  any  other  state,  territory,  or  foreign  country, 
more  than  two  deer  during  any  one  open  season,  is  guilty 
of  a  misdemeanor.  [Amendment  approved  1907 ;  Stats. 
1907,   p.   762.] 

Legislation  §  626i.     1.  Added  by  Stats.  1901,  p.  820,  and   differed 

from    the   amendments   of   1905   and    1907,  having  the   words   "three 

deer"   instead   of   "two   deer." 

2.  Amended  by  Stats.  1905,  p.  25fi,  the  section  reading  same  as 
the  amendment  of  1907,  except  that  it  had  commas  after  the  words 
"kills,"   "destroys,"'    and   "California." 

3,  Amended  by  Stats.  1907,  p.  762.  The  original  §  626i,  added 
by  Stats.  1895,  p.  257,  prohibited  the  possession,  etc.,  of  game-birds 
during  the  close  season,  and  was  repealed  by  Stats.  1897,  p.  92. 

§  626 j.  Permitting'  more  than  one  dog  to  track  deer  a 
misdemeanor.  Every  ;person  who,  owaiing,  controlling,  or 
having  in  his  possession  any  dogs,  willfully  suffers,  permits 
or  allows  more  than  one  of  said  dogs  to  run,  track,  or  trail 
any  deer  at  any  time  during  the  season  that  deer  may  be 
lawfully  killed,  is  guilty  of  a  misdemeanor.  [Amendment 
approved  1911;  JStats.  1911,  p.  811.] 

Legislation  §  626j.  1.  Added  by  Stats.  1901,  p.  820,  and  then  read: 
"Every  person  who,  controlling  or  having  in  his  possession  any 
deerhounds,  foxhounds,  greyhounds,  or  any  other  kind  of  dog,  will- 
fully suffers,  permits,  or  allows  any  of  said  dogs  to  run,  track,  or 
trail  any  deer  during  the  time  when  it  is  unlawful  to  kill  the  same, 
is  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1907,  p.  7G1,  to  read:  "Every  person  who, 
owning,  controlling  or  having  in  his  possession,  any  dog  or  dogs, 
willfully  suffers,  permits  or  allows  said  dog  or  dogs  to  run,  track, 


305       SALE  OF  GAME.     PROPAGATION.      KILLING  AT  NIGHT.      §  626m 

or  trail   any   deer  at   any  time,  except  a  wounded  deer,   during  the 
season  that  deer  may  be  lawfully  killed,  is  jfuilty  of  a  niisdenicanor." 
3.  Amended  by  Stats.  1911,  p.  811. 

§  626k.  Sale  of  wild  game  prohibited.  Every  person  who 
buys,  sells,  otters  or  exposes  for  sale,  barter  or  trade,  any 
quail,  partridge,  dove,  pheasant,  grouse,  sage-hen,  rail,  ibis, 
plover,  or  any  snipe  or  other  shore-bird  (limieolae),  or  any 
deer  meat,  whether  taken  or  killed  in  the  state  of  California, 
or  shipped  into  the  state  from  any  other  state,  territory,  or 
foreign  country,  is  guilty  of  a  misdemeanor.  [Amendment 
approved  1905;  Stats.  1905,  page  256.] 

Legislation  §  626k.  1.  Added  by  Stats.  1901,  p.  820,  and  then 
read:  "Every  person  who  buys,  sells,  offer?,  or  exposes  for  sale, 
barter  or  trade,  any  quail,  partridge,  pheasant,  grouse,  sage-hen, 
ibis,  or  plover,  or  any  deer  meat,  whether  taken  or  killed  in  the 
state  of  California,  or  shipped  into  the  state  from  any  other  state, 
territory,  or  foreign  country,  is  guilty  of  a  misdemeanor." 

§  6261.     Live   birds   and   animals    for   certain   purposes. 

Nothing  in  this  act  shall  be  held  to  prohibit  the  possession 
for  scientific  purposes,  or  the  taking  alive  for  the  purpose 
of  propagation,  any  of  the  animals  or  birds  mentioned  in 
this  section ;  provided,  permission  to  take  and  possess  said 
birds  or  animals  for  said  purposes  shall  have  been  first  ob- 
tained in  writing  from  the  game  commissioner  or  the  state 
board  of  fish  commissioners,  and  said  permission  shall 
accompany  the  shipment  of  said  birds  or  animals,  and  shall 
exempt  them  from  seizure  while  passing  through  any  part 
of  the  state. 

Legislation  §  626  1.     Added  by  Stats.  1901,  p.  821. 

§  626m.     Killing   gume  birds   at   night   a   misdemeanor. 

Every  person  who,  at  any  time  between  one-half  hour  after 
sunset  of  any  one  day  and  one-half  hour  before  sunrise  of 
the  following  day,  hunts,  pursues,  takes,  catches,  kills  or 
destroys  any  of  the  game  birds,  or  animals  of  this  state ;  or 
who,  between  one  hour  after  sunset  of  any  one  day  and  one 
hour  before  sunrise  of  the  following  day,  takes,  catches, 
kills,  or  destroys  any  trout  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1911;  Stats.  1911,  p.  812.] 

Legislation  §  626m.     1.  Added   by    Stats.    1901,    p.    821,    and    then 
read:  "Every  person  who,  at  any  time,  between  one  half  hour  after 
sundown   and   one   half   hour   before   sunrise   of   the   following   day, 
Pen.  Code — 20 


§  G2Go  PENAL   CODE.  306 

liiints,    |inisiics,    tnlu's,    kills,    or    destroys,    any    of    (lie    l)ii'(ls    nu'U- 
tidiii'il    ill    this   cliaittcr,    is   ji;iiilty   of   ;i    iiiis(loinp:mor." 

2.  Aiiiciiilcil  liy  Slats.  1909,  [i.  CiTn.  to  ri'ail:  "I'^vory  pcrsou  who, 
at  any  lime  lictwccii  one  lialf  lioiir  after  sunset  of  any  day  and 
one  half  hour  before  sunrise  of  the  following  day,  hunts,  jiursues, 
takes,  i-ati'hos,  kills  or  destroys  any  of  the  game  birds  or  animals 
of  this  state;  or  who,  between  one  hour  after  sunset  of  any  day 
and  one  hour  before  sunrise  of  the  following  day  takes,  catches, 
kills  or  destroys  any  trout,  or.  whitcfish,  is  guilty  of  a  misde- 
meanor." 

3.  Amended  by  Stats.  1911,  p.  812. 

§  626n.  Use  of  animals  as  blinds.  Every  person,  who  at 
any  time  shall  use  any  animal,  or  imitation  thereof,  as  a 
blind,  or  use  such  animal,  or  imitation  thereof,  for  the  pur- 
pose of  approaching-  any  wild  bird,  for  the  purpose  of  shoot- 
ing at  or  killing  any  such  wild  bird,  or  who,  at  any  time, 
takes,  kills  or  has  in  his  possession  any  such  wild  bird  which 
has  been  taken  by  such  method,  is  guilty  of  a  misdemeanor ; 
provided,  that  nothing  in  this  act  shall  prevent  the  use  of 
dogs  in  the  hunting  or  approaching  such  birds.  [Amend- 
ment approved  1915;  Stats.  1915,  p.  68.] 

Legislation  §  626n.  1.  Added  by  Stats.  1909,  p.  G71,  and  then  read: 
"Every  person  who,  at  any  time,  shall  use  any  animal  as  a  blind, 
or  use  such  animal  for  the  purpose  of  approaching  any  wild  duck, 
geese,  curlew,  ibis,  plover  or  other  water-fowl  or  shore-birds, 
for  the  purpose  of  shooting  at,  or  killing  any  such  water-fowl,  or 
shore-birds,  or  who,  at  any  time  takes,  kills,  or  has  in  his  possession 
any  such  water-fowl  or  shore-birds,  taken  by  any  such  method,  is 
guilty  of  a  misdemeanor;  provided  however,  that  nothing  herein 
contained  shall  jjrevent  the  use  of  dogs  in  hunting  or  approaching 
such  birds." 

2.  Amended  by  Stats.  1911,  p.  8,  to  read:  "Every  person  who,  at 
any  time,  shall  use  any  animal  as  a  blind,  or  use  such  animal  for 
the  purpose  of  approaching  any  wild  duck,  curlew,  ibis,  plover  or 
other  water-fowl  or  shore-birds,  except  geese,  for  the  purpose  of 
shooting  at,  or  killing  any  such  water-fowl,  or  shore-birds,  except 
geese,  or  who,  at  any  time  takes,  kills,  or  has  in  his  possession  any 
such  water-fowl  or  shore-birds,  except  geese  taken  by  any  such 
method  is  guilty  of  a  misdemeanor;  provided,  however,  that  nothing 
herein  contained  shall  prevent  the  use  of  dogs  in  hunting  or  ap- 
proaching such  birds." 

3.  Amended  by  Stats.  1915,  p.  08. 

§  626o.  Shooting  from  moving  boats.  Every  person  who 
in  the  state  of  California,  shoots  at  any  kind  of  Avild  duck 
from  any  launch  or  other  boat  propelled  by  steam,  gasoline, 
naphtha,  electricity  or  other  power,  while  said  launch  or 
boat  is  in  motion,  is  guilty  of  a  misdemeanor. 
Legislation  §  626o.     Added  by  Stats.  1909,  p.  671. 


307      BRANT.       BEAVER,       SEA    OTTER.       DISTRICTS    24-29.       §  62t)S 

§  626p.  When  sea-brant  may  not  be  killed.  Sea-brant  in 
district  No.  1.  Every  person  who,  between  the  fifteenth  day 
of  J\Iarch  and  the  first  day  of  November  of  any  year,  hunts, 
pursues,  takes,  kills,  or  destroys,  or  has  in  his  possession, 
any  kind  of  black  sea-brant,  is  guilty  of  a  misdemeanor, 
except  as  hereinafter  provided ;  provided,  that  in  game  dis- 
trict No.  1  every  person  Avho,  between  the  first  day  of  April 
and  the  first  day  of  October  of  any  year,  hunts,  pursues, 
takes,  kills,  or  destroys,  or  has  in  his  possession  any  black 
sea-brant,  is  guilty  of  a  misdemeanor. 

Legislation  §  626p.     Added  by  Stats.  1911,  p.  S12. 

Another  §  626p  was  adopted  at  the  same  session,  as  follows: 

§  626p.  Killing  beaver.  Every  person  Avho  at  any  time 
takes,  catches,  or  kills,  or  has  in  his  possession  any  beaver, 
is  guilty  of  a  misdemeanor. 

Another  §  626p  was  passed  at  the  same  session.     See  prior  section. 

Legislation  §  626p.     Added  by  Stats.  1911,  p.  3i;5. 

§  626q.  Penalty  for  killing-  sea  otter.  Every  person  who 
at  any  time  hunts,  pursues,  takes,  kills,  destroys,  or  has  in 
his  possession  any  sea  otter  is  punishable  by  fine  not  exceed- 
ing one  thousand  dollars  or  imprisonment  in  the  county  jail 
not  exceeding  one  year  or  both. 

Legislation  §  626q.     Added  by  Stats.  1913,  p.  951. 

§  626r.     No  section  of  this  number. 

§  626s.     Protection    of    g^ame    in    districts    Nos.    24-29. 

Every  person  who,  in  fish  and  game  districts  numbers 
twenty-four,  twenty-five,  twenty-six,  twenty-seven,  twenty- 
eight  and  twenty-nine,  hunts,  pursues,  takes,  catches,  kills, 
destroys  or  has  in  possession  any  wild  bird  or  wild  ani- 
mal, excepting  the  predatory  birds  and  animals-  designated 
in  this  chapter,  or  who,  within  the  boundaries  of  said  fish 
and  game  districts  numbers  twenty-four,  twenty-five, 
twenty-six,  tw^enty-seven,  tAventy-eight  and  twenty-nine, 
hunts,  pursues,  takes,  catches,  kills,  destroys  or  has  in 
possession  any  predatory  bird  or  animal,  Avithout  first  hav- 
ing secured  Avritten  permission  from  the  board  of  fish  and 
game  commissioners,  shall  be  guilty  of  a  misdemeanor ; 
provided,  that  nothing  in  this  act  shall  prohibit  the  hunt- 
ing, pursuing  and  killing  of  Avater-foAvl  in  game  disti'ict 
twenty-eight,  in  accordance  with  the  provisions  prescribed 
in  this  chapter.  Every  person  found  guilty  of  a  violation 
of  any  of  the  proAdsions  of  this  section  shall  be  punishable 
by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 


S  (i27  ]'KN.\L   CODE.  308 

of  tho  couiil.N'  ill  wliicl)  coiniftioii  sliall  be.  had,  not  loss 
than  liity  days  nor  nioi'c  than  one  hundred  fifty  days,  or 
by  botli  such  tine  and  iniprisomnont.  All  tines  and  forfeit- 
ures collected  for  any  violation  of  any  of  the  provisions  of 
this  section  shall  be  paid  into  the  state  treasury  to  the  credit 
of  the  fish  and  game  preservation  fund. 

Legislation  §  626s.     Added  by  Htats.  1915,  p.  (Wr,. 

§  627.  Trespass  upon  inclosed  or  cultivated  grounds  a 
misdemeanor.  Every  person  who  upon  any  inclosed  or 
cultivated  grounds,  which  is  private  property,  and  where 
signs  are  displayed  not  less  than  three  to  the  mile,  along 
all  exterior  boundaries  thereof,  forbidding  such  shooting 
or  hunting,  hunts,  pursues,  takes,  kills,  or  destroys,  any 
c[uail,  partridge,  pheasant,  grouse,  dove^  wild  duck,  snipe, 
curlew,  ibis,  or  plover,  or  any  deer,  without  permission  first 
obtained  from  the  owner  or  person  in  possession  of  such 
ground,  or  who  maliciously  tears  down,  mutilates,  or  de- 
stroys any  sign,  sign-board,  or  other  notice  forbidding  shoot- 
ing on  private  property,  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1901;  Stats.  1901,  p.  821.] 

Hunting  on  inclosed  land:  See  ante,  §§  384,  602,  subd.  9.  See, 
also,  post,  Appendix,   title   "Fences  and  Inclosures." 

Legislation  §  627.  1.  Added  by  Stats.  1895,  p.  258,  as  §  627a 
(§  627  as  then  added  being  an  amendment  of  a  sentence  of  §  626  as 
amended  in  1893,  q.v.,  ante,  and  §§  627  and  627a  being,  in  1897, 
combined),  these  two  sections,  as  added  in  1895,  reading,  "627. 
Every  person  who  shall  use  a  shotgun  of  a  larger  caliber  than 
that  commonly  known  and  designated  as  a  muiiber  ten  gauge, 
shall  be  guilty  of  a  misdemeanor.  The  proof  of  the  possession  of 
said  gun  in  the  field,  on  marsh,  bay,  lake,  or  stream,  shall  be  prima 
facie  evidence  of  its  illegal  use.  627a.  Every  person  who,  upon 
any  inclosed  or  cultivated  grounds,  which  are  private  property, 
and  where  signs  are  displa^'ed  forbidding  such  shooting,  except 
salt-water  marsh-land,  shall  shoot  any  quail,  bob-white,  pheasant, 
partridge,  grouse,  dove,  deer,  or  wild  duck,  without  permission  first 
obtained  from  the  owner  or  person  in  possession  of  such  grounds,  or 
who  shall  maliciously  tear  down,  mutilate,  or  destroy  any  sign, 
sign-board,  or  other  notice  forbidding  shooting  on  private  property, 
shall  be  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1897,  p.  92,  combining  §§  627,  627a,  627b. 
and  627d,  which  sections  were  added  in  1895,  §  627  as  thus  amended 
in  1897,  reading,  "627.  Everj'  person  who  shall  use  a  shotgun  of  a 
larger  caliber  than  that  commonly  known  and  designated  as  a 
number  ten  gauge,  shall  be  guilty  of  a  misdemeanor.  The  proof  of 
the  possession  of  said  gun  in  the  field,  or  marsh,  bay,  lake,  or 
stream,  shall  be  prima  facie  evidence  of  its  illegal  use.  Every  per- 
son who,  upon  any  inclosed  or  cultivated  grounds  which  are  private 
propertj^  and  where  signs  are  displayed  forbidding  such  shooting, 
shall  shoot  any  quail,  bob-white,  pheasant,  partridge,  grouse,  dove, 
wild  duck,  or  deer,  without  permission  first  obtained  from  the  owner 
or  person  in  the  possession  of  such  ground,  or  who  shall  maliciously 
tear  down,  mutilate,  or  destroy  any  sign,  sign-board,  or  other  notice 


309  CERTAIN    GAME    NOT    TO    BE    SHIPPED.  §  627a 

forbidding  shooting  on  private  property,  shall  be  guilty  of  a  misde- 
meanor, livery  railroad  company,  express  company,  transportation 
company,  or  other  common  carrier,  their  officers,  agents,  and  ser- 
vants, and  every  other  person,  who  shall  transport,  carry,  or  take 
out  of  this  state,  or  who'  shall  receive  tor  the  purpose  of  transport- 
ing from  the  state,  any  deer,  deerskin,  buck,  doe,  or  fawn,  or  any 
quail,  partridge,  pheasant,  grouse,  piairie-chicken,  dove,  or  wild 
duck,  except  tor  purposes  of  propagation,  or  who  shall  transport, 
carry,  or  take  from  the  state,  or  receive  for  the  purpose  of  trans- 
porting from  the  state,  any  such  animal  or  bird,  shall  be  guilty 
of  a  misdemeanor,-  pro\'ided,  that  the  right  to  transport  for  the  pur- 
poses of  propagation  shall  first  be  obtained  by  permit,  in  writing, 
from  the  board  of  fish  commissioners  of  the  state  of  California. 
Any  person  found  guilty  of  a  violation  of  any  of  the  provisions 
of  this  section,  shall  be  fined  in  a  sum  not  less  than  twenty  dollars, 
[n]or  more  than  five  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  in  the  county  in  which  the  conviction  shall  be  had,  not 
less  than  ten  days,  [njor  more  than  one  hundred  and  fifty  daj's, 
or  be'  punished  by  both  such  fine  and  imprisonment." 

3.  Amendment  by  Stats.  1901,  p.  476;  unconstitutional.  See  note, 
§  5,  ante. 

4,  Amended  by  Stats.  1901,  p.  821. 

The  original  code  §  627,  which  provided  for  the  protection  of  game- 
birds  in  Lassen,  Plumas,  and  Sierra  counties,  was  amended  by  Code 
Amdts.  1875-76,  p.  113,  and  was  repealed  by  Stats.  1883,  p.  82. 

§  627a.  Certain  game  not  to  be  shipped.  Every  railroad 
company,  express  company,  transportation  company,  or 
other  common  carrier,  its  officers,  agents,  and  servants,  and 
every  other  person  who  transports,  carries  or  takes  out  of 
this  state,  or  who  receives  for  the  purpose  of  transporting 
from  this  state,  any  deer,  deerskin,  buck,  doe  or  fawn,  or 
any  quail,  partridge,  pheasant,  grouse,  or  sage-hen  or 
prairie-chicken,  dove,  wild  pigeon,  or  any  wild  duck,  rail, 
snipe,  ibis,  curlew,  plover,  or  other  shore-birds  (Limicolre) 
except  for  the  purpose  of  propagation  or  scientific  purposes, 
under  a  permit,  in  writing,  first  obtained  from  the  board  of 
fish  commissioners  of  the  state  of  California,  or  who  trans- 
port [s],  carries  or  takes  from  the  state,  or  receives  for  the 
purpose  of  transportation  from  the  state,  the  carcass  of  any 
such  animal  or  any  such  bird,  or  any  part  of  the  carcass  of 
any  such  aninml  or  bird,  is  guilty  of  a  misdemeanor. 
[Amendment  approved  1905;  Stats.  1905,  p.  257.] 

Legislation  §  627a.     1.  Added  by  Stats.  1895,  p.  258,  as  §  627b,  and 

then   read  the  same  as  the  fourth  sentence  of  §  627  as  amended  in 

1897,  except    that  it  did    not  have    the    word   "who"  before  "shall 

receive."     See  supra.  Legislation  §  627. 

2.  Kepealed  by  Stats.  1897,  p.  93,  the  subject-matter  being  in- 
corporated with  §  627  as  amended  at  that  session. 

3.  Ee-enactment  by  Stats.  1901,  p.  476,  changing  the  number  from 
§  627b  to  §  627a;  unconstitutional:  See  note,  §5.  ante. 

4.  Re-enacted  by  Stats.  1901,  p.  821,  as  §  627a,  and  then  read: 
"627a.  Every  railroad  company,  express  company,  transportation 
company,  or  other  common  carrier,  its  officers,  agents  and  servants, 


§  G27b  PENAL   CODE.  310 

and  oveiy  other  person  who  transports,  carries  or  takes  out  of  this 
state,  or  wlio  receives  for  the  purpose  of  transjxirtinf^  from  tlie 
state,  any  deer,  deerskin,  buck,  doe  or  fawn,  or  any  quail,  part- 
ridge, pheasant,  grouse,  prairie-chicken,  dove,  wild  pigeon,  or  any 
wild  duck,  rail,  snipe,  ibis,  curlew,  or  plover,  except  for  the  pur- 
poses of  propagation,  or  who  transports,  carries  or  takes  from  thef 
state,  or  receives  for  the  purpose  of  transportation  from  the  state, 
any  such  aninial  or  bird,  or  any  part  of  the  carcass  thereof,  is 
guilty  of  a  misdemeanor.  The  right  to  transport  for  the  purposes 
of  propagation,  or  for  scientific  purposes,  must  first  be  obtained 
by  permit  in  writing  from  the  game  commissioner  or  the  state  board 
of  fish  commissioners." 

5.  Amended  by  Stats.  1905,  p.  257. 

l'''or  original  §  G27a,  added  in  1 '^9;l,  see  ante,  TjCgislation  §  C27. 

§  627b.  Shipments,  limit  of  certain  game.  Every  com- 
mon carrier  Avhich  receives  for  shipment  or  transportation 
from,  or  which  ships  or  transports  for,  any  one  person  dur- 
ing any  one  calendar  day  more  than  twenty-five  wild  ducks, 
or  black  sea-brant,  or  more  than  twenty  quail,  snipe,  curlew, 
ibis,  plover,  rail,  or  other  shore-birds  (LimicohT?),  or  more 
then  twenty  doves ;  or  Avhich  ships  or  transports,  or  any  per- 
son offering  for  shipment  or  transportaion  any  of  the  said 
birds,  or  any  deer,  or  any  deer  meat,  in  any  quantity,  unless 
such  birds,  or  deer  or  deer  meat  are  at  all  times  in  open  view 
and  tagged  or  labeled  Avith  the  name  and  residence  of  the 
person  bj^  whom  they  are  shipped ;  or  any  person  who  shall 
at  the  time  of  such  shipment  or  transportation  fail  to  fur- 
nish to  any  such  common  carrier  a  tag  or  label  bearing  his 
name,  residence  and  the  exact  contents  of  the  package 
offered  for  shipment  or  transportation  is  guilty  of  a  mis- 
demeanor; provided,  that  nothing  in  this  section  contained 
shall  be  construed  to  permit  any  person  to  have  in  his  pos- 
session any  game  or  fish  contrary  to  the  provisions  of  this 
chapter,  nor  to  permit  any  common  carrier  to  have  in  its 
possession  more  than  the  above  specified  number  of  said 
birds  during  any  one  calendar  day,  though  lawfully  re- 
ceived, except  during  the  shipment  or  transportation  thereof. 
[Amendment  approved  1909;  Stats.  1909,  p.  671.] 

Legislation  §  627b.  1.  Added  by  Stats.  1901,  p.  821,  and  then 
read:  "627b.  Every  railroad  company,  steamship  company,  express 
company,  transportation  company,  transfer  company,  and  every 
other  person,  who  ships,  or  receives  for  shipment  or  transportation, 
from  any  one'  person,  during  any  one  day,  more  than  twenty-five 
quail,  partridge,  grouse  or  sage-hen,  snipe,  curlew,  or  ibis,  or  more 
than  fifty  doves,  or  more  than  twenty  rail,  or  more  than  fifty  wild 
ducks,  or  who  transports  any  of  said  birds  or  any  deer,  in  any 
quantity,  unless  such  birds  or  deer  are  at  all  times  in  open  view, 
and  labeled  with  the  name  and  residence  of  the  person  by  whom 
they  are  shipped,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1905,  p.  257,  to  read:  "C)27\>.  Every  railroad 
company,     steamship     company,     exi'ivess     company,    tvanspni'tation 


311  SONG  BIRDS.      SHRIMPS,  LOBSTER,   ABALONE,  ETC.        §  628 

company,  transfer  company,  and  every  other  person  who  ships, 
or  receives  for  shipment,  or  transportation,  from  any  one  person, 
during  any  one  calendar  day,  more  than  twenty-five  quail,  partridge, 
pheasant,  grouse,  or  sage-hen,  doves,  rail,  snipe,  curlew,  ibis,  plover 
or  other  shore-birds  (Limicola"),  or  more  than  fifty  wild  ducks  or 
who  transports  any  of  the  said  birds,  or  any  deer,  in  any  quantity, 
unless  such  birds  or  deer  are  at  all  times  in  open  view,  and  labeled 
with  the  name  and  residence  of  the  person  by  whom  they  are 
shipped,  is  guilty  of  a  misdemeanor." 

3.  Amended  by  Stats.  1907,  p.  761,  to  read:  "627b.  Every  com- 
mon carrier  which  receives  for  shipment  or  transportation  from, 
or  which  ships  or  transports  for,  any  one  person  during  anj^  ouc 
calendar  day  more  than  twenty-five  quail,  partridge,  pheasant, 
grouse,  sage-hen,  dove,  rail,  snipe,  curlew,  ibis,  plover,  or  other 
shore-birds  (Limicohv),  or  more  than  thirty-five  wild  ducks,  or 
which  ships  or  transports,  or  any  person  who  offers  for  shipment 
or  transportation,  any  of  the  said  birds  or  any  deer,  or  any  deer 
meat,  in  any  quantity,  unless  such  birds  or  deer  or  deer  meat  are  at 
all  times  in  open  view  and  labeled  with  the  name  and  residence 
of  the  person  by  'whom  they  are  shipped,  is  guilty  O'f  a  misde- 
meanor; provided  that  nothing  in  this  section  contained  shall  be 
construed  to  permit  any  person  to  have  in  his  possession  any  game 
or  fish  contrary  to  the  provisions  of  this  chapter,  nor  to  permit 
any  common  carrier  to  have  in  its  possession  more  than  the  above 
specified  number  of  said  birds  during  any  one  calendar  day,  though 
lawfully  received,  except  during  the  shipment  or  transportation 
thereof." 

4.  Amended  by  Stats.  1909,  p.  671. 

For  original  §  627b,  added  in  1895,  see  ante.  Legislation  §  627a. 

§  627c.     Protection  to  song-birds  and  their  nests.     [Re- 
pealed 1897;  Stats.  1897,  p.  93.] 

Legislation  §  627c.     1.     Added  bv  Stats.  1895,  p.   258. 
2.  Eepealed  by   Stats.   1897,   p.   93. 

§  627d.     Penalties.     [Repealed  1897 ;  Stats.  1897,  p.  93.] 

Legislation  §  627d.     1,  Added  bv  Stats.  1895,  p.  258. 
2.  Eepealed  by  Stats.  1897,  p.  93. 

§  628.  Protection  of  shrimp.  Spiny  lobster.  Crab.  Aba- 
lone.  Catfish.  Sturgeon.  Every  person  who,  at  any  time 
offers  for  shipment  or  ships,  or  who  receives  for  shipment 
or  transportation  from  the  State  of  California  to  any  place 
in  any  other  state,  territory  or  foreign  country,  or  who  has 
in  his  possession,  for  any  purpose  any  dried  shrimp  or 
shrimp  shells  of  shrimp  caught  or  taken  in  the  waters  of 
this  state,  shall  be  guilty  of  a  misdemeanor ;  and  be  it  pro- 
vided, that  the  possession  of  such  dried  shrimp  or  shrimp 
shells,  for  any  purpose  shall  be  prima  facie  evidence  that 
such  dried  shrimp  or  shrimp  shells  are  of  shrimp  whicli 
were  caught  or  taken  in  the  water  of  this  state.  Every  per- 
son who,  between  the  first  day  of  March  and  the  fourteenth 
day  of  October  inclusive,  of  any  year,  takes,  catches,  kills, 
has  in  possession,  buys,  sells  or  offers  for  sale  any  spiny 


§  628  I'ENAL    CODK.  312 

lol^tci-  (I'nmilinis  intcrruptus),  or  Avho,  at  any  time  takes, 
catches,  kills,  has  iii  possession,  buys,  sells,  or  offers  for  sale 
any  spiny  lobster  (Panulirus  interrnptus),  of  less  than  nine 
inches  or  more  than  thirteen  and  one-half  inches  in  length, 
measured  from  one  extremity  to  the  other  and  exclusive  of 
legs,  claws  or  feelers  shall  be  guilty  of  a  misdemeanor. 
Every  person  M'ho,  at  any  time  takes,  catches,  kills,  has  in 
his  possession,  buys,  sells  or  oft'ei-s  for  sale  any  crab  (Cancer 
magister)  of  less  than  seven  inches  in  breadth  measured 
straight  across  the  back  from  point  to  point,  or  any  female 
crab  (Cancer  magister),  or  who,  betw^een  the  thirty-first  day 
of  July  and  the  fourteenth  day  of  November  inclusive,  of 
any  year,  takes,  catches,  kills,  has  in  possession,  buys,  sells 
or  offers  for  sale  any  crab  (Cancer  magister),  shall  be  guilty 
of  a  misdemeanor.  Any  person  who  shall  at  any  time, 
pickle,  can  or  otherwise  preserve  any  spiny  lobster  (Panu- 
lirus interruptus)  or  crab  (Cancer  magister),  or  Avho  shall 
at  any  time,  sell  any  spiny  lobster  (Panulirus  interruptus), 
crab  (Cancer  magister)  meat  not  in  the  shell  of  such  spiny 
lobster  (Panulirus  interruptus)  or  crab  (Cancer  magister) 
or  who  shall  bring  to  shore  any  part  or  portion  of  any  spiny 
lobster  (Panulirus  interruptus)  or  crab  (Cancer  magister) 
without  the  remaining  portions  of  such  spiny  lobster  (Panu- 
lirus interruptus)  or  crab  (Cancer  magister)  in  such  condi- 
tion that  the  size  of  such  spiny  lobster  (Panulirus  inter- 
ruptus) or  crab  (Cancer  magister)  cannot  be  measured,  shall 
be  guilty  of  a  misdemeanor. 

Sec.  2.  Every  person  who,  between  the  first  day  of  Feb- 
ruary and  the  last  day  of  February  of  the  same  year,  both 
dates  inclusive,  takes,  catches,  kills,  or  has  in  his  possession 
any  red  abalone  (Haliotis  rufescens),  or  who,  between  the 
first  day  of  February  and  the  thirtieth  day  of  April  of  the 
same  year,  both  dates  inclusive,  takes,  catches,  kills  or  has 
in  his  possession  any  pink  abalone  (Haliotis  corrugata),  or 
any  black  abalone  (Haliotis  crackerodie),  or  any  green  aba- 
lone (Haliotis  fulgens),  is  guilty  of  a  misdemeanor.  Every 
person  who  at  any  time,  takes,  catches,  kills  or  has  in  his 
possession  any  red  abalone  (Haliotis  rufescens)  less  than 
nineteen  inches  around  the  outer  edge  of  the  shell,  or  any 
green  abalone  (Haliotis  fulgens)  less  than  eighteen  inches 
around  the  outer  edge  of  the  shell,  or  any  pink  abalone 
(Haliotis  corrugata)  less  than  sixteen  inches  around  the 
outer  edge  of  the  shell,  or  any  l)lack  abalone  (Haliotis 
crackerodie)  less  than  fourteen  inches  around  the  outer 
edge  of  the  shell,  or  who  by  any  means  whatsoever,  takes, 
or  catches  any  abalone  (Haliotis)  and  does  not  bring  the 
same  naturally  attached  to  the  shell  and  alive,  to  the  shore 


313      SHRIMPS,  LOBSTER,   ABALONE,    CRAB,   CAT-FISH,   ETC.       §  628 

above  high  water  mark,  or  who  takes,  catches  or  kills  any 
abalone  (Haliotis)  for  other  than  food  purposes,  or  who, 
at  any  time  dries  any  abalone  (Haliotis),  or  who,  at  any 
time,  offers  for  shipment,  or  ships,  or  receives  for  shipment 
or  transportation  from  the  State  of  California  to  any  place 
in  any  other  state,  territory  or  foreign  country  any  abalone 
meat  fresh  or  dried  or  in  cans  holding  more  than  one  pint; 
or  abalone  shells,  excepting  articles  manufactured  from 
abalone  shells ;  or  who  takes,  catches,  kills  or  has  in  his 
possession  any  abalone  (Haliotis)  taken,  caught  or  killed 
wath  a  spear  shall  be  guilty  of  a  misdemeanor.  Every  per- 
son who,  in  fish  and  game  districts  numbers  nineteen  and 
twenty  of  this  state,  uses  or  assists  in  using  any  diving  ap- 
paratus of  any  character  for  the  taking  or  catching  of  any 
abalone  (Haliotis),  or  who  takes,  catches  or  kills  any  black 
abalone  (Haliotis  crackerodie),  or  who  takes,  catches  or 
kills  during  any  one  calendar  day  more  than  ten  abalone 
(Haliotis)  shall  be  guilty  of  a  misdemeanor.  None  of  the 
provisions  of  this  act  shall  apply  to  spiny  lobster  or  abalone 
(Haliotis)  caught  or  taken  without  the  waters  of  this  state, 
when  said  spiny  lobsters  are  not  caught  in  waters  lying 
south  for  a  distance  of  ten  miles  from  the  international 
boundary  line  between  the  United  States  and  Mexico,  ex- 
tended westerly  in  the  Pacific  Ocean,  and  bearing  after  in- 
spection such  evidence  of  having  been  so  caught  or  taken 
as  may  be  hereafter  prescribed  by  the  fish  and  game  com- 
mission ;  and  be  it  provided,  that  all  the  expense  of  such 
inspection  shall  be  borne  by  the  importer  of  such  spiny 
lobster  or  abalone  (Haliotis)  ;  and  be  it  provided,  further, 
that  all  spiny  lobster  or  abalone  (Haliotis)  imported  into 
this  state  shall  be  of  the  size  prescribed  in  this  section. 

Sec.  3.  Every  person  who,  at  any  time  has  in  his  posses- 
sion for  sale,  or  sells,  or  offers  for  sale,  any  catfish  between 
the  fifteenth  day  of  May  and  the  fourteenth  day  of  August, 
inclusive,  of  any  year,  or  who  at  any  time  has  in  his  posses- 
sion for  sale,  or  sells,  or  offers  for  sale,  any  dressed  catfish 
which  shall  measure  less  than  seven  inches  in  length,  ex- 
clusive of  any  part  of  the  head,  or  who  at  any  time  has  in 
his  possession,  for  sale,  or  sells,  or  offers  for  sale,  any 
undressed  catfish  less  than  nine  inches  in  length  or  who, 
at  any  time,  kills  or  has  in  his  possession  any  sturgeon  of 
less  than  twenly-five  pounds  in  w^eight  shall  be  guilty  of  a 
misdemeanor.  Section  six  hundred  twenty-eight  g  of  the 
Penal  Code,  relating  to  abalones,  is  hereby  repealed. 
[Amendment  approved  1915;  Stats.  1915,  p.  1433.] 

Legislation  §  628.     1.  Added  by  Stats.  1895,  p.  259,  as  §  628a,  and 

then  read:  "G2Sa.  Every  person  who,  in  the  state  of  California,  sliall 


§  G2S  PENAL    CODE,  314 

take,  catcli,  or  kill,  or  sells,  cxi.oscs  or  oll'crs  i'ui  sale,  or  has  in  his 
possession  any  lobster  or  crawfish,  between  the  fifteenth  day  of 
May  and  tlie  fifteenth  day  of  July  of  each  year,  shall  be  guilty  of 
a  misdemeanor.  Every  person  who,  in  the  state  of  California,  shall 
at  any  time^  buy,  sell,  barter,  exchange,  offer,  exjiose  for  sale,  or 
liave  in  his  possession  any  lobster  or  (crawfish  of  less  than  one  pound 
in  weight,  shall  be  guilty  of  a  misdemeanor.  It  shall  be  no  defense 
in  a  prosecution  for  a  violation  of  the  provisions  of  this  section 
that  the  lobsters  or  erawfisli  sold  or  possessed  wore  caught  ouside 
of   this   state." 

2.  §  (i28a  repealed  by  Stats.  1897,  j).  34S,  the  subject-matter  being 
incorporated  with  §  G2S  as  amended  at  that  session. 

3.  §  628  amended  by  Stats.  1897,  p.  347,  combining  and  amending 
§§  ()2S  and  62Sa  (added  in  1895)  and  adding  thereto,  and  tlien  read: 
"628.  Every  person  who  takes  or  catches,  buys,  sells,  or  has  in  his 
possession,  any  striped  bass  of  less  than  three  pounds  in  weight; 
every  person  who,  at  any  time',  takes,  catches,  or  kills  any  black 
bass,  except  with  hook  and  line;  every  person  who  takes,  catches, 
or  kills,  or  buys,  sells,  exposes  or  offers  for  sale,  or  has  in  his  pos- 
session, any  black  bass,  between  the  first  day  of  January  and  the 
first  day  of  July  of  each  year;  every  person  who  takes,  catches, 
or  kills,  or  buys,  sells,  exposes  or  offers  for  sale,  or  has  in  his  pos- 
session, any  lobster  or  crawfish,  between  the  fifteenth  day  of  May 
and  the  fifteenth  day  of  July  of  each  year;  every  person  who,  at  any 
time,  buys,  sells,  exposes  or  O'ffers  for  sale,  or  has  in  his  possession 
any  lobster  or  crawfish  of  less  than  nine  and  one  half  inches  in 
length,  measured  from  one  extremity  to  the  other,  exclusive  of  legs, 
claws,  or  feelers;  every  person  who,  at  any  time,  l3u_ys,  sells,  exposes 
or  offers  for  sale,  or  has  in  his  possession  any  female  crab;  every 
person  who,  at  any  time,  buys,  sells,  exposes  or  offers  for  sale,  or 
has  in  his  possession  any  sturgeon  of  less  than  three  feet  in  length; 
every  person  who  takes,  catches,  or  kills,  or  buys,  sells,  offers  or 
expo'ses  to  sell,  or  has  in  his  possession  any  fresh  sturgeon,  between 
the  first  day  of  April  and  the  first  day  of  September  of  each  year; 
every  person  who  by  seine  or  other  means  shall  catch  the  young 
fish  of  any  species,  and  who  shall  not  return  the  same  to  the  water 
immediately  and  alive,  or  who  buj'S,  sells,  offers  or  exposes  for  sale, 
or  has  in  his  possession  any  such  fish,  fresh  or  dried;  every  person 
who  catches,  takes,  or  carries  away  any  fish  from  any  pond  or 
reservoir  belonging  to  or  controlled  by  the  state  board  of  fish  com- 
missioners, or  any  person  or  corjjoration,  without  the  consent  of  the' 
owner  thereof,  which  pond  or  reservoir  has  been  stocked  with  fish; 
every  person  who  shall  at  any  time,  except  with  hook  and  line,  take 
or  catch  fish  of  any  kind  from  any  river  or  stream  upon  which  a 
state  or  United  States  fish-hatchery  is  in  operation,  is  guilty  of  a  mis- 
demeanor, and  is  punishable  by  a  fine  not  less  than  twenty  dollars 
nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  in  the  county  in  which  conviction  shall  be  had,  not  le'ss  than 
ten  days  nor  more  than  one  hundred  and  fifty  days,  or  by  both  such 
fine  and  imprisonment.  All  the  fines  imposed  and  collected  for  any 
violation  of  any  of  the  provisions  of  this  section  shall  be  paid  into 
the  'fish  commission  fund.'  Nothing  in  this  section  shall  prohibit 
the  United  States  fish  commission  and  the  fish  commission  of  this 
state  from  taking,  at  all  times,  such  fish  as  they  deem  necessary 
for  the  purpose  of  artificial  hatching.  It  shall  be  no  defense'  in  a 
prosecution  for  a  violation  of  any  of  the  provisions  of  this  section 
that  the  fish  were  caught  or  taken  outside  or  within  this  state." 

4.  Amended  by  Stats.  1901,  p.  54  (becoming  a  law,  under  constitu- 
tio'nal  provision,  without  governor's  approval),  to  read:  "628.  Every 
person  who,  between  the  thirty-first  day  of  May  and  the  first  day 


315      SHRIMPS,  LOBSTER,   ABALONE,   CRAB,   CAT-FISH,   ETC.       §  628 

of  July,  buys,  st'lls,  Uikcs,  catches  or  lias  iu  his  iiossossioii,  auy 
striped  bass,  or  who,  between  the  first  day  of  January  aud  the  first 
day  of  July,  buys,  sells,  takes,  catches  or  has  iu  his  possession,  any 
black  bass,  or,  who,  between  the  first  day  of  April  and  the  fifteentli 
day  of  August,  buys,  sells,  takes,  catches  or  has  in  his  possession, 
any  lobster  or  crawfish,  or,  who,  between  the  first  day  of  May  and 
the  first  day  of  September,  buys,  sells,  talces,  catches,  kills  or  has 
in  his  possession,  any  shrimp,  or,  who,  at  any  time,  buys,  sells,  takes, 
catches,  kills  or  has  in  his  possession,  any  striped  bass  of  less  than 
one  pound  in  weight,  or  any  lobster  or  crawfish  of  less  than  nine  and 
one  half  inches  in  length,  measured  from  one  extremity  to  the  other 
exclusive  of  legs,  claws  or  feelers,  or  any  sturgeon  or  any  egg-bear- 
ing female  lobster,  or  any  female  crab,  or  any  abalone  shells,  or 
abalone  the  shell  of  which  shall  measure  less  than  fifteen  inches 
around  the  outer  edge  of  the  shell,  or,  who,  by  seine  or  other  means, 
catches  the  young  fish  of  any  species  and  does  not  immediately 
return  the  same  to  the  water  alive,  or  who  buys,  sells,  or  offers  for 
sale  or  has  in  his  possession,  any  such  fish,  whether  fresh  or  dried, 
or  who  catches,  takes,  kills  or  carries  aw^ay  any  fish  from  any  pond 
or  reservoir  belonging  to,  or  controlled  by,  the  board  of  fish  com- 
missioners, or  any  person,  or  corporation,  without  the  consent  of 
the  owners  thereof,  which  pond  or  reservoir  has  been  stocked  with 
fish,  or  who,  except  with  hook  and  line,  takes,  catches  or  kills  any 
black  bass  whatsoever,  or  any  kind  of  fish,  from  auy  river  or  stream 
upon  which  the  state  or  United  States  fish-hatchery  is  maintained, 
is  guilty  of  a  misdemeanor,  and  punishable  by  fine  not  less  than 
twenty  dollars  nor  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  ten  nor  more  than  one  hun- 
dred and  fifty  days,  or  by  both  such  fine  and  imprisonment.  All 
fines  collected  for  any  violation  of  any  of  the  provisions  of  this 
section  must  be  paid  into  the  'fish  commission  fund.'  Nothing  in 
this  section  prohiloits  the  United  States  fish  commission  and  the  fish 
commission  of  this  state  from  taking  at  all  times  such  fish  as  they 
deem  necessary  for  the  purpose  of  artificial  hatching.  It  is  no  de- 
fense in  a  prosecution  for  a  violation  of  any  of  the  provisions  of 
this  section  that  the  fish  were  caught  or  taken  outside,  or  within, 
this   state." 

5.  Amended  by  Stats.  1903,  p.  23,  to  read:  "628.  Every  person 
who,  between  the  first  day  of  January  and  the  first  day  of  July  of  each 
year,  buys,  sells,  takes,  catches,  or  has  in  his  possession  any  black 
bass;  or  who,  between  the  first  day  of  April  and  the  fifteenth  day  of 
August  of  ^ch  year,  buys,  sells,  takes,  catches,  or  has  in  his  pos- 
session any  lobster  or  crawfish;  or  who,  between  the  first  day  of 
May  and  the  first  day  of  September  of  each  year,  buys,  sells,  takes, 
catches,  kills,  or  has  in  his  possession  any  shrimp;  or  who,  between 
the  first  day  of  September  and  the  first  day  of  November  of  each 
year,  buys,  sells,  takes,  catches,  kills,  or  hr.s  in  his  possession  any  crab; 
or  who,  at  any  time  buys,  sells,  takes,  catches,  kills,  or  has  in  his 
possession  any  striped  bass  of  less  than  three'  pounds  in  weight,  or 
any  lobster  or  crawfish  of  less  than  nine  and  one  half  inches  in 
length,  measured  from  one  extremity  to  the  other,  exclusive  of  legs, 
claws,  or  feelers;  or  any  sturgeon,  or  any  egg-bearing  female  lobster, 
or  any  female  crab,  or  any  crab  which  shall  measure  less  than  six 
inches  across  the  back,  or  any  abalone  shells,  or  abalones,  the  shell 
of  which  shall  measure  less  than  fifteen  inches  around  the  outer 
edge  of  the  shell;  or  who,  by  seine  or  other  means,  catches  thi; 
young  fish  of  any  species,  and  does  not  immediately  return  the  same 
to  the  water  alive;  or  who  buys,  sells,  or  offers  for  sale,  or  has  in 
his  possession,  any  such  fish,  whether  fresh  or  dried;  or  who  catches, 


§  (528  PENAL   CODE.  316 

takes,  kills,  or  canies  away  any  fisli  from  any  pond  or  reservoir  be- 
longing to,  or  controlled  by,  the  board  of  fisli  coiniiiif^sio'nerK,  or  any 
person  or  corporation,  without  the  consent  of  the  owners  thereof, 
which  pond  or  reservoir  has  been  stocked  witli  fish;  or  who,  except 
with  hook  Mild  liiii\  t.ikes,  catches,  or  kills  any  black  bass  what- 
soever, or  ;niy  kind  of  (ish',  from  any  river  or  stream  upon  which 
the  state  or  United  States  fish-hatchery  is  maintained,  is  gnilty  of 
a  misdemeanor,  and  punishable  by  a  fine  not  less  tiiail  twenty  dol- 
lars nor  more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  ten  nor  more  than  one  hundied  and  fifty 
days,  or  by  both  such  fine  and  imprisonment.  All  fines  collected 
for  any  ^■iolation  of  any  of  the  provisions  of  this  section  must  be 
paid  into  the  state  treasury  to  the  credit  of  the  'fish  commission 
fund.'  Nothing  in  this  section  prohibits  the  United  States  fish  com- 
mission and  the  fish  commission  of  the  state  from  taking  at  all 
times  such  fish  as  they  deem  necessary  for  the  purpose  of  artificial 
hatching.  It  is  no  defense  in  a  prosecution  for  a  violation  of  any 
of  the  ])rovisions  of  this  section  that  the  fish  were  caught  or  taken 
outside,  or  within,  this  state." 

6.  Amended  by  Stats.  1905,  p.  ISG,  to  read:  "628.  Every  person 
who,  between  the  first  day  of  April  and  the  fifteenth  day  of  Sep- 
tember of  each  year,  buys,  sells,  takes,  catches,  kills  or  has  in  his 
possession,  any  lobster  or  crawfish;  or  who  at  any  time  has  in  his 
possession  any  lobster  or  crawfish  of  less  than  nine  and  one  half 
inches  in  length,  measured  from  one  extremity  to  the  other,  exclu- 
sive of  legs,  claws  or  feelers;  or  who,  at  any  time,  offers  for  ship- 
ment, ships,  or  receives  for  shipment  or  transportation,  from  the 
state  of  California  to  any  place  in  any  other  state,  territory,  or 
foreign  country,  any  dried  shrimp  or  shrimp  shells;  or  who,  between 
the  first  day  of  September  and  the  first  day  of  November  of  each 
3'ear,  buys,  sells,  takes,  catches,  kills,  or  has  in  his  possession,  any 
crab;  or  who,  at  any  time,  buys,  sells,  offers  for  sale,  takes,  catches, 
kills,  or  has  in  his  possession,  any  sturgeon,  or  any  female  crab,  or 
any  crab  which  shall  measure  less  than  six  inches  across  the  back, 
or  any  abalones  or  al)alone  shells  of  the  kind  known  to  commerce 
as  the  black  abalone  (Haliotis  californica),  the  shell  of '  which  shall 
measure  less  than  twelve  inches  around  the  outer  edge  of  the  shell, 
or  any  other  abalone  shells,  or  abalones,  the  shell  of  which  shall 
measure  less  than  fifteen  inches  around  the  outer  edge'  of  the  shell, 
is  guilty  of  a  misdemeanor." 

7.  Amended  by  Stats.  1907,  p.  .301,  to  read:  "628.  Every  person 
who.  between  the  fifteentli  day  of  February  and  the,  fifteenth  day 
of  September  of  each  year,  buys,  sells,  takes,  catches,  kills,  or  has 
in  his  possession,  any  lobster  or  crawfish;  or  who  at  any  time  has 
in  his  possession,  any  lobster  or  crawfish  of  less  than  eleven  inches 
in  length,  measured  from  one  extremity  to  the  other,  exclusive  of 
legs,  claws,  or  feelers;  or  who,  at  any  time,  offers  for  shipment, 
ships,  or  receives  for  shipment  or  transportation,  from  the  state  of 
California  to  any  place  in  any  other  state,  territory  or  foreign 
country,  any  dried  shrimp  or  shrimp  shells  of  shrimp  caught  or 
taken  in  the  waters  of  this  state,  is  guilty  of  a  misdemeanor;  pro- 
vided, that  the  possession  of  such  dried  shrimp  or  shrimp  shells 
shall  be  prima  facie  evidence  of  the  fact  that  such  dried  shrimp  or 
shrimp  shells  are  of  shrimp  which  were  caught  or  taken  in  the 
waters  of  this  state;  and  every  person  who,  between  the  first  day 
of  September  and  the  first  day  of  November  of  each  year,  buys, 
sells,  takes,  catches,  kills,  or  has  in  his  possession,  any  crab;  or, who, 
at  any  time,  buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has 
in   his     possession,    any     sturgeon;   or    fresh     sturgeon    eggs,    or   any 


317      SHRIMPS,  LOBSTER,   ABALONE,   CRAB,   CAT-FISH,   ETC.       §  628 

female  crab,  or  any  crab  which  shall  measure  less  than  six  inches 
across  the  back,  or  any  abalones  or  abalone  shells  of  the  kind  known 
to  commerce  as  the  black  abalone  (Haliotis  californica),  the  shell 
of  which  shall  measure  less  than  twelve  inches  around  the  outer 
edge  of  the  shell,  or  any  other  abalone  shells,  or  abalones,  the  shell 
of  which  shall  measure  less  than  fifteen  inches  around  the  outer 
edge  of  the  shell;  or  every  person  who  takes,  catches,  kills,  or  has 
in  his  possession,  any  abalones  or  abalone  shells  taken  from  any 
of  the  waters  of  the  state  by  the  use  of  diving-suits  or  diving 
Ijaraphernalia  of  any  kind,  is  guilty  of  a  misdemeanor." 

8.  Amended  by  tStats.  1909,  p.' 519,  to  read:  "Every  person  who 
between  the  first  day  of  June  and  the  first  day  of  September,  of 
any  year,  takes,  catches,  kills  or  has  in  his  possession  any  shrimp; 
or  who  at  any  time,  offers  for  shipment,  ships,  or  receives  for  ship- 
ment or  transportation  from  the  state  of  Caliiornia  to  any  place  in 
any  other  state,  territory,  or  foreign  country,  any  dried  shrimp  or 
shrimp  shells  of  shrimp  caught  or  taken  in  the  waters  of  this  state, 
is  guilty  of  a  misdemeanor;  provided  that  the  possession  of  such 
dried  shrimp  or  shrimp  shells  shall  be  prima  facie  evidence  of  the 
fact  that  such  dried  shrimp  or  shrimp  shells  are  of  shrimps  which 
were  caught  or  taken  in  the  waters  of  this  state;  and  every  person 
who,  at  any  time  has  in  his  possession  any  dressed  catfish  less  than 
eight  inches  in  length,  or  who  at  any  time  kills  or  has  in  his  posses- 
sion any  sturgeon  of  less  than  twenty-five  pounds  in  weight,  or  who 
between  the  first  day  of  November  and  the  first  day  of  March  of  the 
year  following,  buys,  sells,  takes,  catches,  kills,  or  has  in  his  pos- 
session, any  crab,  or  who,  at  any  time,  buys,  sells,  offers  for  sale, 
takes,  catches,  kills,  or  has  in  his  possession,  any  female  crab,  or 
any  crabs  which  shall  measure  less  than  si.x  inches  across  the  back, 
or  any  lobster  or  crawfish,  or  any  abalones  except  the  abalone 
known  to  commerce  as  the  red  abalone  (Haliotis  rufescens)  which 
shall  measure  not  less  than  seventeen  inches  around  the  outer  edge 
of  the  shell,  is  guilty  of  a  misdemeanor;  provided,  that  it  shall  be 
all  times  be  lawful  for  any  person  or  persons,  to  buy,  sell,  or  have 
in  his  possession  any  lobster  or  crawfish  of  not  less  than  nine  and 
one  half  inches  in  length,  measured  from  one  extremity  to  the  other, 
exclusive  of  legs,  claws,  or  feelers,  caught  or  taken  without  the 
waters  of  this  state,  and  bearing,  after  inspection,  such  evidence 
of  having  been  so  caught  or  taken  as  shall  be  hereafter  prescribed 
by  the  California  fish  commission;  and  provided  further,  that  the 
expense  of  such  inspection  shall  be  borne  by  the  person  or  persons 
importing  such  lobster  or  crawfish." 

9.  Amended  1911,  p.  561,  to  read:  "Every  person  who,  at  any  time, 
offers  for  shipment,  ships,  or  receives  for  shipment  or  transportation 
from  the  state  of  California  to  any  j^lace  in  any  other  state,  terri- 
tory, or  foreign  country,  or  who  has  in  his  possession  for  any  pur- 
pose any  dried  shrimp  or  shrimp  shells  of  shrimp  caught  or  taken 
in  the  water  of  this  state,  is  guilty  of  a  misdemeanor;  provided, 
that  the  possession  of  such  dried  shrimp  or  shrimp  shells  for  any 
purpose  shall  be  prima  facie  evidence  of  the  fact  that  such  dried 
shrimps  or  shrimp  shells  are  of  shrimps  which  were  caught  or  taken 
in  the  waters  of  this  state,  or  every  person  who,  between  the  fif- 
teenth day  of  February  and  the  fifteenth  day  of  September  of  each 
year,  buys,  sells,  takes,  catches,  kills  ot  has  in  his  possession  any 
lobster  or  crawfish  or  who  at  any  time  has  in  his  possession  any 
lobster  or  crawfish  of  less  than  nine  and  one-half  inches  in  length, 
measured  from  one  extremity  to  the  other,  exclusive  of  legs,  claws 
or  feelers,  or  who  shall  at  any  time  pickle,  (;an,  or  otherwise  pre- 
serve any  lobster,  crab,  or  crawfish  caught  or  taken  in  the  waters 


§  G28  PENAL   CODE.  318 

of  this  state,  or  who  sliall  at  any  time  sell  any  crab,  lo'bster  or 
erawfisii  meat  not  in  tlie  stiell  of  such  crab,  lobster  or  crawfish,  or 
who  sliall  bring  to  shore  any  part  or  portion  of  any  lobster,  crab 
or  crawfish,  without  the  remaining  portions  of  said  lobster,  crab 
or  crawfish  in  such  condition  that  the  size  of  such  lobster,  crab  or 
crawfish  cannot  be  measured  is  guilty  of  a  misdemeanor.  Every 
person  wlio,  at  any  time  lias  in  his  possession  for  sale,  or  sells,  or 
offers  for  sale  any  dressed  catfish  less  than  seven  inches  in  length 
not  including  the  head,  or  who  at  any  time  kills  or  has  in  his  pos- 
session any  sturgeon  of  less  than  twenty-five  pounds  in  weight,  or 
who  between  the  first  day  of  November  and  the  first  day  of  March 
of  the  year  following,  buys,  sells,  takes,  catches,  kills,  or  has  in  his 
possession,  any  crab,  or  who,  at  any  time,  buys,  sells,  offers  for 
sale,  takes,  catches,  kills,  or  has  in  his  possession  any  female  crab, 
or  any  crabs  which  shall  measure  less  than  seven  inches  across  the 
back,  or  any  person  who',  between  the  first  day  of  March  and  the 
first  day  of  Julj^  of  any  year,  kills,  takes  or  catches,  in  the  waters 
of  this  state  any  abalone  (Haliotis);  or  who,  at  any  time,  buys, 
sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his  possession, 
any  abalone  (Haliotis)  known  to  commerce  as  the  red  abalone 
(Haliotis  rufescens),  less  than  seventeen  inches  around  the  outer 
edge  of  the  shell,  or  any  greerj  abalone  (Haliotis  fulgens)  less  than 
sixteen  inches  around  the  outer  edge  of  the  shell,  or  any  pink  abalone 
(Haliotis  corrugata)  less  than  fourteen  inches  around  the  outer  edge 
of  the  shell,  or  any  black  abalone  (Haliotis  craekerodie)  less  than 
twelve  inches  around  the  outer  edge  of  the  shell;  or  who,  by  what- 
ever means  whatsoever  takes,  or  catches  between  the  first  day  of 
July  and  the  twenty-eighth  day  of  February  the  red  abalone 
(Haliotis  rufescens)  seventeen  inches  or  over  around  the  outer  edge 
of  the  shell,  or  the  green  abalone  (Haliotis  fulgens)  sixteen  inches 
or  over  around  the  outer  edge  of  the  shell,  or  the  pink  (Haliotis 
corrugata)  fourteen  inches  or  over  around  the  outer  edge  of  the 
shell,  or  the  black  abalone  (Haliotis  craekerodie)  twelve  inches  or 
over  around  the  outer  edge  of  the  shell  and  does  not  bring  the 
abalone  naturally  attached  to  the  shell  alive  to  the  shore  above 
high-water  mark,  or  who  kills  any  abalone  (Haliotis)  of  lawful  size 
other  than  for  food  purposes,  is  guilty  of  a  misdemeanor;  pro- 
vided, that  it  shall  at  all  times  be  lawful  for  any  person  or  persons, 
to  buy,  sell,  or  have  in  his  possession  any  lobster  or  crawfish  of  not 
less  than  nine  inches  in  length,  measured  from  one  extremity  to 
the'  other,  exclusive  of  legs,  claws,  or  feelers,  or  any  abalone  caught 
or  taken  without  the  waters  of  this  state,  and  bearing  after  inspec- 
tion, such  evidence  of  having  been  so  caught  or  taken  as  shall  be 
hereafter  prescribed  by  the  fish  and  gam'g  commission;  and  pro- 
vided, further,  that  the  expense  of  such  inspection  shall  be  borne 
by  the  person  or  persons  importing  lobster  or  crawfish." 

10.  Amended  1913,  p.  1007,  to  read:  "Every  person  who  at  any 
time,  offers  for  shipment  or  ships,  or  who  receives  for  shipment  or 
transportation  from  the  state  of  California  to  any  place  in  anj' 
other  state,  territory  or  foreign  country,  or  who  has  in  his  posses- 
sion, for  any  purpose,  any  dried  shrimp  or  shrimp  shells  of  shrimp 
caught  or  taken  in  the  waters  of  this  state  shall  be  guilty  of  a  mis- 
demeanor; and  be  it  provided,  that  the  possession  of  such  dried 
shrimp  or  shrimp  shells,  for  any  purpose  shall  be  prima  facie  evi- 
dence that  such  dried  shrimp  or  shrimp  shells  are  of  shrimp  which 
were  caught  or  taken  in  the  waters  of  this  state.  Every  person 
who,  between  the  first  day  of  March  and  the  thirty-first  day  of 
October  of  the  same  year,  both  dates  inclusive,  takes,  catches,  kills, 
has  in  possession,  buys,  sells,  or  offers  for  sale  any  lobster   (craw- 


319      SHRIMPS,  LOBSTER,   ABALONE,   CRAB,   CAT-FISH,   ETC,       §  62S 

fish),  or  who  at  any  time  takes,  catches,  kills,  has  iu  possession, 
buys,  sells,  or  offers  for  sale  any  lobster  (crawfish)  of  less  than 
nine  inches  or  more  than  thirteen  and  one-half  inches  in  length, 
measured  from  one  extremity  to  the  other  and  exclusive  of  legs, 
claws  or  feelers,  or  who  shall  at  any  time,  pickle,  can  or  otherwise 
X^reserve  any  lobster  (crawfish)  or  crab  (Cancer  magister),  or  who 
shall  at  any  time,  sell  any  lobster  (crawfish),  crab  (Cancer  magis- 
ter) meat  not  in  the  shell  of  such  lobster  (crawfish)  or  crab  (Cancer 
magister),  or  who  shall  bring  to  shore  any  part  or  portion  of  any 
lobster  (crawfish)  or  crab  (Cancer  magister)  without  remaining 
portions  of  such  lobster  (crawfish)  or  crab  (Cancer  magister)  in 
such  condition  that  the  size  of  such  lobster  (crawfish)  or  crab 
(Cancer  magister)  cannot  be  measured,  shall  be  guilty  of  a  mis- 
demeanor. Every  person  who,  at  any  time,  has  in  his  possession 
for  sale,  or  sells,  or  offers  for  sale,  any  dressed  catfish  less  than 
seven  inches  in  length  not  including  the  head,  or  who,  at  any  time 
kills  or  has  in  his  possession  any  sturgeon  of  less  than  twenty-five 
pounds  in  weight,  shall  be  guilty  of  a  misdemeanor.  Every  person 
who,  at  any  time,  takes,  catches,  kills,  has  in  his  possession,  buys, 
sells,  or  offers  for  sale,  any  crab  (Cancer  magister)  of  less  than  seven 
inches  in  breadth  measured  straight  across  the  back  from  point  to 
point,  or  any  female  crab  (Cancer  magister),  or  who  between  the 
first  day  of  August  and  the  fifteenth  day  of  November  of  the  same 
year,  both  dates  inclusive,  takes,  catches,  kills,  has  in  possession, 
buys,  sells,  or  offers  for  sale  any  crab  (Cancer  magister),  shall  be 
guilty  of  a  misdemeanor.  Every  person  who,  between  the  first  day 
of  February  and  the  thirtieth  day  of  April  of  the  same  year,  both 
dates  inclusive,  takes,  catches  or  kills  any  abalone  (Haliotis),  or 
who,  at  any  time,  takes,  catches  or  kills  any  red  abalone  (Haliotis 
refescens)  less  than  nineteen  inches  around  the  outer  edge  of  the 
shell  or  any  green  abalone  (Haliotis  fulgens)  less  than  eighteen 
inches  around  the  outer  edge  of  the  shell,  or  any  pink  abalone 
(Haliotis  corrugata)  less  than  sixteen  inches  around  the  outer  edge 
of  the  shell,  or  any  black  abalone  (Haliotis  crackerodie)  less  than 
fourteen  inches  around  the  outer  edge  of  the  shell,  or  who  by  any 
means  whatsoever,  takes,  or  catches  any  abalone  (Haliotis)  and  does 
not  bring  the  same,  naturally  attached  to  the  shell  and  alive,  to  the 
shore  above  high-water  mark,  or  who  takes,  catches,  or  kills  any 
abalone  (Haliotis)  for  other  than  food  purposes,  or  who  at  any  time 
offers  for  shipment,  or  ships,  or  receives  for  shipment  or  transporta- 
tion from  the  state  of  California  to  any  place  in  any  other  state, 
territory  or  foreign  country  any  abalone  meat,  fresh  or  dried;  or 
abalone  shells,  excepting  articles  manufactured  from  abalone  shells; 
or  who  takes,  catches,  or  kills  any  abalone  (Haliotis)  by  the  use  of 
a  spear  or  spears,  shall  be  guilty  of  a  misdemeanor.  Every  person 
who,  in  fish  and  game  district  6  of  this  state,  uses  or  assists  in  using 
any  diving  apparatus  of  any  character  for  the  taking  or  catching 
of  any  abalone  (Haliotis),  or  who  takes,  catches,  or  kills  any  black 
abalone  (Haliotis  crackerodie),  or  who  takes,  catches  or  kills  during 
any  one  calendar  day  more  than  ten  (10)  abalone  (Haliotis)  shall 
be  guilty  of  a  misdemeanor.  None  of  the  provisions  of  this  act 
shall  apply  to  lobster  (crawfish)  or  abalone  (Haliotis)  caught  or 
taken  without  the  waters  of  this  state,  and  bearing  after  inspection 
such  evidence  of  having  been  so  caught  or  taken  as  may  be  here- 
after prescribed  by  the  fish  and  game  commission;  and  be  it  pro- 
vided, that  all  the  expense  of  such  inspection  shall  be  borne  by  the 
importer  of  such  lobster  (crawfish)  or  abalone  (Haliotis) ;  and  be  it 
provided,  further,  that  all  lobster  (crawfish)   or  abalone   (Haliotis) 


§  628u  PENAL   CODE.  320 

iinpoitiMl  into  tliis  slate  shall  be  ot"  tiie  size  prescribed  in  this 
section." 

11.  Amen. led  by  Stats.  1915,  p.  li:VA. 

For  oriijinal  code  8  028,  (>ntitled  "Destruction  of  elk,  etc.,  when 
prohibited,"  amended  in  1S75-76  and  in  1877-78,  and  repealed  in 
1883,  see  ante,  Legislation  §  G2tie.  For  §  C28  added  in  ISH.'),  entitled 
"sti'ij^ed  bass  and  sturj^eon,"  see  post,  Lef^islation  §  f)2^a. 

§  628a.  Protection  of  bass.  Shad.  Limit.  J^^veiy  per- 
son, who  at  any  time,  buys,  sells,  offers  for  sale  or  has  in 
his  possession  any  striped  bass  of  less  than  three  pounds 
in  Aveight,  or  who,  except  with  hook  and  line  and  in  the 
manner  commonly  known  as  angling,  takes,  catches,  kills  or 
has  in  his  possession  any  striped  bass  or  shad  between  the 
twenty-fifth  day  of  September  and  the  fourteenth  day  of 
November  inclusive,  of  any  year,  or  Avho,  between  the 
twenty-fifth  day  of  September  and  the  fourteenth  day  of 
November,  inclusive,  takes,  catches,  kills  or  has  in  his  pos- 
session more  than  five  striped  bass  or  shad,  or  who  between 
the  twenty-fifth  day  of  September  and  the  fourteenth  day 
of  November,  inclusive,  buys,  sells,  offers  for  sale,  ships  or 
offers  for  shipment  or  receives  for  shipment  or  transporta- 
tion any  striped  bass,  or  who  at  any  time,  offers  for  ship- 
ment, ships  or  receives  for  shipment  or  transportation  from 
the  State  of  California  to  any  place  in  any  other  state,  ter- 
ritory or  foreign  country  any  striped  bass  is  guilty  of  a, 
misdemeanor.  Every  person  who  takes  any  striped  bass 
or  shad  in  a  net,  any  of  the  meshes  of  which  are,  when 
drawn  closely  together  and  measured  inside  the  knots,  less 
than  five  and  one-half  inches  in  length  is  guilty  of  a  misde- 
meanor. Every  person  who  shall  cast,  extend  or  draw,  or 
assist  in  casting,  extending  or  drawing  any  net  or  seine, 
for  the  purpose  of  taking  or  catching  any  shad  or  striped 
bass  in  any  of  the  M-aters  of  this  state  at  any  time  between 
sunrise  of  each  Saturday  and  sunset  of  the  following  Sun- 
day is  guilty  of  a  misdemeanor ;  provided,  however,  that 
nothing  in  this  section  shall  prohibit  any  person  from  hav- 
ing in  his  possession,  at  any  time,  not  more  than  five  striped 
bass  of  less  than  three  pounds  each  in  weight,  caught  with 
hook  and  line,  but  such  fish  shall  not  be  bought,  sold  or 
offered  for  sale,  or  shipped  or  offered  for  shipment.  Every 
person  who  violates  any  of  the  provisions  of  this  section  is 
guilty  of  a  misdemeanor.  [Amendment  approved  1915; 
Stats.  1915,  p.  1320.] 

Legislation  §  628a.  1.  Added  by  Stats.  1895,  p.  259,  as  part  of 
§  628,  which  read:  "628.  Every  person  who  takes  or  catches,  buys, 
sells,  or  has  in  his  possession  any  striped  bass  of  less  than  three 
pounds  in  weight,  is  guilty  of  a  misdemeanor.  Every  person  who, 
at  any  time,  buys,  sells,  offers  or  exposes  for  sale,  or  has  in  his  pos- 
session any  sturgeon  less  than  three  feet  in  length  is  guilty  of  a 


321  PROTECTION  OF  BASS  AND  SHAD.  §  628a 

misdemeanor.  Every  person  who,  at  any  time  between  the  first  clay 
of  April  and  the  first  day  of  September  of  each  year,  takes  or 
catches,  buys,  sells,  or  has  in  his  possession  any  fresh  sturgeon  is 
guilty  of  a  misdemeanor.  Any  person  found  guilty  of  a  violation 
of  any  of  the  provisions  of  this  section  shall  be  fined  in  a  sum  not 
less  than  fifty  dollars  or  be  imprisoned  in  the  county  jail  in  the 
county  in  which  the  conviction  shall  be  had  not  less  than  fifty  days, 
or  be  punished  bj^  both  such  fine  and  imprisonment.  It  shall  be  no 
defense  in  the  prosecution  for  a  violation  of  the  provisions  of  this 
section  that  the  sturgeon  sold  or  possessed  were  caught  outside  of 
this  state.  Every  person  who,  between  the  first  day  of  January 
and  the  first  day  of  July,  takes  or  catches,  buys,  sells,  or  has  in  his 
possession  any  black  bass  is  guilty  of  a  misdemeanor." 

2.  §§  628  and  62Sa  combined,  amended,  and  added  to,  forming 
§  628  as  amended  by  Stats.  1897,  p.  347  (q.  v.,  ante.  Legislation 
§  628),  the  subject-matter  remaining  a  part  of  §  628  until  1905. 

3.  Added  by  Stats.  3905,  p.  186,  as  a  new  section,  and  then  read: 
"628a.  Every  person  who,  at  any  time,  buys,  sells,  offers  for  sale, 
takes,  catches,  kills,  or  has  in  his  possession,  any  striped  bass  of 
less  than  three  pounds  in  weight,  is  guilty  of  a  misdemeanor." 

4.  Amended  by  Stats.  1907,  p.  302,  to  read:  "628a.  Every  person 
v/ho,  at  any  time,  buys,  sells,  offers  for  sale,  or  takes,  catches,  kills 
or  has  in  his  possession,  any  striped  bass  of  less  than  three  pounds 
in  weight;  or  who,  at  any  time,  offers  for  shipment,  ships  or  re- 
ceives for  shipment  or  transportation  from  the  state  of  California 
to  any  place  in  any  other  state,  territory  or  foreign  country  any 
striped  bass  of  less  than  three  pounds  in  weight,  caught  or  taken 
in  the  waters  of  this  state,  is  guilty  of  a  misdemeanor;  provided 
that  the  possession  of  such  striped  bass  shall  be  prima  facie  evi- 
dence of  the  fact  that  such  striped  bass  were  caught  or  taken  in 
the   waters  of  this  state." 

5.  Amended  by  Stats.  1909,  p.  520,  to  read:  "§  628a.  Every  per- 
son who,  at  any  time,  buys,  sells,  offers  for  sale,  or  has  in  his 
possession,  any  striped  bass  of  less  than  three  pounds  in  weight; 
or  who,  between  the  first  day  of  May  and  the  first  day  of  July 
of  any  year,  takes,  catches,  or  kills,  any  striped  bass,  with  a  net 
or  soine;  or  who,  between  the  first  day  of  May  and  the  first  day 
of  July  of  any  year  has  in  his  possession  any  striped  bass,  taken, 
caught  or  killed  except  with  hook  and  line;  or  who  between  the 
first  day  of  May  and  the  first  day  of  July  of  any  year,  buys,  sells 
or  oft'ers  for  sale,  ships,  offers  for  shipment,  or  receives  for  ship- 
ment or  transportation  any  striped  bass;  or  who,  at  any  time, 
offers  for  shipment,  ships,  or  receives  for  shipment  or  transporta- 
tion from  the  state  of  California,  to  any  place  in  any  other  state, 
territory,  or  foreign  country  any  striped  bass  of  less  than  three 
pounds  in  weight,  caught  or  taken  in  the  waters  of  this  state,  is 
guilty  of  a  misdemeanor;  provided,  that  the  possession  of  such 
striped  bass  shall  be  prinm  facie  evidence  of  the  fact  that  such 
striped  bass  were  caught  or  taken  in  the  waters  of  this  state." 

6.  Amended  by  Stats.  1911,  p.  372,  to  read:  "§  628a.  Every  per- 
son who,  at  any  time,  buys,  sells,  offers  for  sale,  or  has  in  his 
possession,  any  striped  bass  of  less  than  three  pounds  in  weight; 
or  who,  between  the  first  day  of  May  and  the  first  day  of  July  of 
any  year,  takes,  catches,  or  kills,  any  striped  bass,  with  a  net  or 
seine,  or  who,  between  the  first  day  of  May  and  the  first  day  of 
July  of  any  year  has  in  his  possession  any  striped  bass,  taken, 
caught  or  killed  except  with  a  hook  and  line;  or  who  between  the 
first  day  of  May  and  the  first  day  of  July  of  any  year,  buys,  sells  or 

Pen.  Code — 21 


§  628b  PENAL  CODE.  322 

offers  for  sale,  shijis,  offers  for  sliipinent,  or  receives  for  shipment  or 
transportation  any  striped  bass;  or  who,  at  any  time,  offers  for  ship- 
ment, siiips,  or  receives  for  sliipment  or  transportation,  or  transports, 
from  the  state  of  California  to  any  place  in  any  other  state,  territory, 
or  foreign  country  any  striped  bass,  caught  or  taken  in  the  waters  of 
this  state,  is  guilty  of  a  misdemeanor;  provided,  that  the  possession 
of  such  striped  bass  shall  be  prima  facie  evidence  of  the  fact  that 
such  striped  liass  were  caught  or  taken  in  the  waters  of  this  state. 
Nothing  in  this  section  shall  prohibit  the  United  States  fish  com- 
mission and  the  fish  and  game  commission  of  this  state,  from  ship- 
ping outside  of  the  state  striped  bass  for  purposes  of  stocking 
waters  witliout  tlie  state." 

7.  Amended  again  by  Stats.  1911,  p.  562,  to  read:  "§  628a.  Every 
person  who,  at  any  time,  buys,  sells,  offers  for  sale,  or  has  in  hia 
possession,  any  striped  bass  of  less  than  three  pounds  in  weight; 
or  who,  between  the  seventeenth  day  of  September  and  the  twenty- 
third  day  of  October  of  any  year,  takes,  catches,  or  Jvills  any 
striped  bass,  with  a  net  or  seine;  or  who,  between  the  seventeenth 
day  of  September  and  the  twenty-third  day  of  October  of  any 
year,  has  in  his  possession  any  striped  bass  taken,  caught  or  killed 
except  W'ith  hook  and  line;  or  who  between  the  seventeenth  day  of 
September  and  the  twenty-third  day  of  October  of  any  year,  buys, 
sells,  or  offers  for  sale,  ships,  offers  for  shipment,  or  receives  for 
shipment  or  transportation  any  striped  bass;  or  who,  at  any  time, 
offers  for  shipment,  ships,  or  receives  for  shipment  or  transporta- 
tion from  the  state  of  California  to  any  place  in  any  other  state, 
territory,  or  foreign  country  any  striped  bass  caught  or  taken  in 
the  waters  of  this  state,  is  guilty  of  a  misdemeanor;  provided,  that 
the  possession  of  such  striped  bass  shall  be  prima  facie  evidence 
of  the  fact  that  such  striped  bass  were  caught  or  taken  in  the 
waters  of  this  state." 

8.  Amended  by  Stats.  1915,  p.  1820. 

For   original  §  628a,  added  in   1895,   see   ante.  Legislation  §  628. 

§  628b.  Protection  of  perch,  sunfish.  Bass.  Every  per- 
son who,  betAveen  the  first  day  of  December  and  the  thir- 
tieth day  of  April  inclusive,  of  the  year  following  takes, 
catches,  kills  or  has  in  his  possession  any  Sacramento  perch, 
crappie,  bluegill  snnfish  or  green  sunfish,  or  who,  in  any  fish 
and  game  district  other  than  districts  three  and  four,  be- 
tween the  first  dav  of  December  and  the  thirtieth  dav  of 
.\pril,  inclusive,  of  the  year  following,  takes,  catches,  kills 
or  has  in  his  possession  any  black  bass,  or  who,  in  fish  and 
game  districts  three  or  four,  between  the  first  day  of  Decem- 
ber and  the  first  day  of  March,  inclusive,  of  the  year  fol- 
lowing, takes,  catches,  kills  or  has  in  his  possession  any 
black  bass,  or  who.  except  with  hook  and  line  and  in  the 
manner  commonly  known  as  angling,  takes,  catches  or  kills 
any  black  bass.  Sacramento  perch,  crappie.  bluegill  sunfish 
or  green  sunfish,  or  who  takes,  catches,  kills  or  has  in  his 
possession  more  than  tAventy-five  black  bass.  Sacramento 
perch,  cranpie.  bluegill  sunfish  or  green  sunfish  during  anv 
one  calendar  day,  or  who  takes,  catches,  kills  or  has  in  his 
possession  any  black  bass  less  than  seven  inches  in  length, 


323      PROTECTION  OF  PERCH,  SUNFISH,  CRAPPIE  AND  BASS.     §  628h 

or  who  buys,  sells  or  offers  for  sale  any  black  bass,  Sacra- 
mento perch,  crappie,  bluegill  sunfish  or  green  sunfish  is 
guilty  of  a  misdemeanor.  [Amendment  approved  1915 ; 
Stats.  1915,  p.  596.] 

Legislation  §  628b.  1.  Added  by  Stats.  1895,  p.  259,  as  part  of 
§  628;  q.  v.,  ante,  Legislation  §  62Sa. 

2.  §§  628  and  628a  combined,  amended,  and  added  to,  forming 
§  628  as  amended  by  Stats.  1897,  p.  347  (q.  v.,  ante.  Legislation 
§  628),  the  subject-matter  remaining  a  part  of   §  628  until   1905. 

3.  Added  by  Stats.  1905,  p.  187,  as  a  new  section,  and  then  read: 
"628b.  Every  person  who,  between  the  first  day  of  January  and 
the  first  day  of  June  of  each  year,  buys,  sells,  offers  for  sale, 
takes,  catches,  kills,  or  has  in  his  jjossession,  any  black  bass;  or 
who,  at  any  time,  except  with  hook  and  line,  takes,  catches  or  kills 
any  black  bass,  is  guilty  of  a  misdemeanor." 

4.  Amended  by  Stats.  1907,  p.  302,  to  read:  "Every  person  who, 
between  the  first  day  of  January  and  the  first  day  of  June  of  each 
year,  buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his 
possession,  any  black  bass;  or  who,  at  any  time,  except  with  hook 
and  line,  takes,  catches,  or  kills  any  black  bass;  or  who  takes, 
catches,  kills,  or  has  in  his  possession,  more  than  fifty  black  bass 
during  any  one  calendar  day,  is  guilty  of  a  misdemeanor." 

5.  Amended  by  Stats.  1913,  p.  1008,  to  read:  "Every  person  who 
between  the  first  day  of  January  and  the  first  day  of  June  of  each 
year,  buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  Has  in  his 
possession  any  black  bass;  or  who  at  any  time,  except  with  hook 
and  line  and  in  the  manner  commonly  known  as  angling,  takes, 
catches,  kills  any  black  bass;  or  who  takes,  catches,  kills,  or  has 
in  his  possession  more  than  twenty-five  black  bass  during  any  one 
calendar  day;  or  who  takes,  catches,  kills,  or  has  in  his  possession 
any  black  bass  of  less  than  seven  inches  in  length  is  guilty  of  a 
misdemeanor;  provided,  that  in  game  district  number  2  every 
person  who  between  the  first  day  of  Ajn-il  and  the  first  day  of  July 
of  each  year,  buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has 
in  his  possession  any  black  bass;  or  who  at  any  time,  except  with 
hook  and  line  and  in  the  manner  commonly  known  as  angling, 
takes,  catches,  kills  any  black  bass;  or  who  takes,  catches,  kills, 
or  has  in  his  possession  more  than  twenty-five  black  bass  during 
any  one  calendar  day;  or  who  takes,  catches,  kills,  or  has  in  his 
possession  any  black  bass  of  less  than  seven  inches  in  length  is 
guilty  of  a  misdemeanor;  provided,  further,  that  in  game  district 
number  3  every  person  who  between  the  first  day  of  January  and 
the  first  day  of  May  of  each  year,  buys,  sells,  offers  for  sale,  takes, 
catches,  kills,  or  has  in  his  possession  any  black  bass;  or  who  at 
any  time  except  with  hook  and  line  and  in  the  manner  commonly 
known  as  angling,  takes,  catches,  kills  any  black  bass,  Sacramento 
perch,  crappie,  blue-gill  sunfish  or  green  sunfish;  or  who  takes, 
catches,  kills,  or  has  in  his  possession  more  than  twenty-five 
black  bass  during  any  one  calendar  day;  or  who  takes,  catches, 
kills,  or  has  in  his  possession,  any  black  bass  of  less  than  seven 
inches  in  length;  or  who  sells  or  offers  for  sale  any  Sacramento 
perch,  crappie,  blue-gill  sunfish  or  green  sunfish  is  guilty  of  a  mis- 
demeanor; provided,  further,  that  in  game  district  number  4  every 
person  who  between  the  thirtieth  day  of  November  and  the  first 
day  of  May  of  each  year,  buys,  sells,  offers  for  sale,  takes,  catches, 
kills,  or  has  in  his  possession  any  black  bass,  Sacramento  perch, 
crappie  or  blue-gill  sunfish;  or  who  at  any  time  except  with  hook 


§  628c  PENAL  CODE.  324 

and  lino  siikI  in  llic  m.-niiicr  <-()iiiim)iily  krKjwn  as  aiigliiifj,  takes, 
(Mtclu's,  kills  any  black  bass,  Sacraiiu'iito  ])('rcli,  crapiiie  or  })luo- 
jjill  suiifisli;  or  who  takes,  catclics,  kills,  or  has  in  his  possession 
more  than  twenty-five  black  bass,  Saorninento  pereli,  erappie  or 
blue-gill  sunfish  during  any  one  calendar  day;  or  who  takes, 
catches,  kills,  or  has  in  his  possession,  any  black  bass  of  less  than 
seven  inches  in  length  is  guilty  of  a  niisiloineanor." 
6.  Amended  by  Stnts.  1915,  p.'  Zm. 

§  628c.  Young-  fish  of  any  species.  Fish  in  pond  or 
reservoir  belonging-  to  state.  Penalty.  Every  ])ei'.son  who, 
by  soiiio  oi-  otlioi-  means,  eatclies  tlic  young  fish  of  any 
species  and  does  not  immediately  return  the  same  to  the 
water  alive,  or  Avho  buys,  sells  or  offers  for  sale,  or  has  in 
his  possession,  any  such  fish,  whether  fresh  or  dried;  or  who 
catches,  takes,  kills,  or  carries  away  any  fish  from  any  pond 
or  reservoir  l)olonging  to,  or  controlled  ])y,  the  board  of 
fish  commissioners,  or  any  person  or  corporation,  without 
the  consent  of  the  owners  thereof,  which  pond  or  reservoir 
has  been  stocked  with  fish ;  or  who,  except  Avith  hook  and 
line,  takes,  catches,  or  kills  any  kind  of  fish  in  any  river  or 
stream  upon  w^hich  a  fish-hatchery  is  maintained,  is  guilty 
of  a  misdemeanor.  Nothing  in  this  section,  or  elsewhere  in 
this  code  contained,  shall  prohil)it  the  United  States  fish  com- 
mission and  the  fish  commission  of  this  state,  from  taking  at 
all  times  such  fish  as  they  may  deem  necessary  for  scientific 
purposes  or  for  purposes  of  propagation. 

Legislation  §  628c.     Added  by  Stats.  1905,  p.  187. 

§  628d.     Fine    or    imprisonment.    Disposition    of    fines. 

Every  person  found  guilty  of  a  violation  of  any  of  the  pro- 
visions of  sections  six  hundred  and  twenty-eight,  six  hun- 
dred and  twenty-eight  a,  six  hundred  and  twenty-eight  b,  and 
six;  hundred  and  tAventy-eight  c,  shall  be  punished  by  a  fine 
of  not  less  than  twenty  dollars  nor  more  than  five  hundred 
Hollars,  or  by  imprisonment  in  the  county  jail,  in  the  county 
in  wiiich  the  conviction  is  had,  not  less  than  twenty  nor 
more  than  one  hundred  and  fifty  days,  or  by  both  such  fine 
and  imprisonment.  All  fines  collected  for  any  violation  of 
any  of  the  provisions  of  said  sections  must  be  paid  into  the 
state  treasury  to  the  credit  of  the  "fish  commission  fund." 
Legislation  §  628d.     Added  by   Ptats.   1905,  p.   LS7. 

§  628e.  Protection  of  whiting-.  Barracuda.  Every  per- 
son who  in  fish  and  game  district  number  nineteen  at  any 
time  except  with  hook  and  line,  takes,  catches  or  kills  any 
California  w^hiting  (Menticirrhus  undulatus)  also  known  as 
surf  fish,  or  any  yellow-fin  or  any  spot-fin  croaker;  every 
person  who^  at  any  time  Avithin  the  period  of  five  years, 


325      PISMO   CLAMS.      COCKLES.      RAZOR   CLAMS.      CRABS.      §  628f 

buys,  sells,  offers,  or  exposes  for  sale  any  Calif oraia  whit- 
ing (Meiiticirrlius  iindulatus),  also  known  as  surf  lish,  or 
any  yellow-fin  or  any  spot-fin  croaker;  every  person  who,  at 
any  time,  buys,  sells,  offei's  or  exposes  for  sale  any  southern, 
bastard  or  chicken  halibut  (Paralichthys  calif ornicus)  of 
less  than  four  pounds  in  weight,  or  any  barracuda  less  than 
eighteen  inches  in  length,  or  albicore  weighing  less  than  six 
pounds,  is  guilty  of  a  misdemeanor.  And  all  fines  collected 
for  any  violation  of  any  of  the  provisions  of  this  section  shall 
be  paid  into  the  state  treasury  to  the  credit  of  the  "fish  com- 
mission fund."  [Amendment  approved  1915 ;  Stats.  1915, 
p.  730.] 

Legislation  §  628e.  1.  Added  by  Stats.  1909,  p.  413,  and  then  read: 
"Every  iiersou  who  at  any  time,  except  with  hook  and  line,  takes, 
catches  or  kills  any  California  whiting  (Menticirrhus  undulatus) 
also  known  as  surf -fish,  or  any  yellow-fin  or  any  spot-fin  croaker,  is 
guilty  of  a  misdemeanor.  And  all  fines  collected  for  any  violation 
of  any  of  the  provisions  of  this  section  shall  be  paid  into  the  state 
treasury  to  the  credit  of  the  'fish  commission  fund.'  " 
2.  Amended  by  Stats.  1915,  p.  730. 

§  628f,  Pismo  clams.  Cockles.  Razor  clams.  Crabs.  Fish 
defined.  Every  person  who  gathers  or  takes  in  any  manner 
or  has  in  his  possession  any  clam  known  as  the  pismo  clam 
(Tivela  stultorum)  which  shall  measure  less  than  twelve 
inches  around  the  outer  edge  of  the  shell,  or  who,  during 
any  one  calendar  day,  takes,  gathers  in  any  manner  or  has 
in  his  possession  more  than  fifty  of  said  clams  is  guilty  of  a 
misdemeanor. 

Sec.  2.  Every  person  who  takes,  gathers  in  any  manner 
or  has  in  his  possession,  or  who  ships,  offers  for  shipment, 
sells  or  offers  for  sale  any  cockles  or  short-neck  clams  (Tapes 
staminea)  measuring  less  than  one  and  one-half  inches  in  the 
greatest  length,  exclusive  of  the  curve,  is  guilty  of  a  mis- 
demeanor. 

Sec.  3.  Every  person  wdio  takes,  catches  or  gathers  in 
any  manner  any  razor  clam  (Siliqua  patula),  except  during 
a  period  of  forty-eight  hours  beginning  at  the  first  low  tide 
after  the  first  high  tide  (large  w^ater)  of  the  full  moon  of 
each  month  and  for  a  period  of  forty-eight  hours  beginning 
at  the  first  mean  low  tide  after  the  first  high  tide  (large 
water)  of  the  new  moon  of  each  month,  or  who  takes,  catches 
or  gathers  in  any  way  more  than  fifty  of  said  razor  clams 
(Siliqua  patula)  during  any  one  calendar  day  is  guilty  of  a 
misdemeanor. 

Sec.  4.  Every  person  who  ships  or  offers  for  shipment  or 
receives  for  shipment  or  transportation  any  species  of  clam 
taken  in  fish  and  game  districts  five,  six,  seven,  eight,  and 


§  62Sll  PENAL   COOK.  32C 

nine  is  guilty  of  a  misdemeanor,  or  any  person  who  offers 
for  shipment  or  receives  for  shipment  or  transportation  any 
species  of  crab  taken  in  fish  and  game  districts  eight  and 
nine  is  guilty  of  a  misdemeanor. 

Sec.  5.  Where  the  word  "fish"  is  used  in  this  chapter,  it 
shall  also  include  all  crustaceans  and  mollusks.  [Amend- 
ment approved  1915;  Stats.  1915,  p.  112.] 

Legislation  §  628f.  1.  Added  by  Stats.  1911,  p.  915,  and  then  read: 
"Every  jier.son  who  takes,  gathers,  catflies  or  has  in  his  j>ossession 
any  elam,  known  as  the  Pismo  elam  (Tivela  stultorum)  which  shall 
measure  less  than  thirteen  inches  around  the  outer  edge  of  the 
shell,  or  who  during  any  one  calendar  day  takes,  gathers,  catches, 
or  has  in  his  possession  more  than  two  liundred  of  saiil  clams  shall 
be  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1915,  ]..  112. 

§  628g-.  Shipping-  abalone  meat  prohibited.  Penalty. 
[Repealed  1915;  Stats.  1915,  p.  1435.] 

Another  §  628g  was  passed  at  the  same  session  as  follows: 
Legislation  §  628g.     1.  Added  by  Stats.  1913,  p.  085. 
2.  Eepealed  by  Stats.  1915,  p.  1435. 

§  628g'.  Salt-water  perch.  Every  person  who,  between 
the  first  day  of  JMay  and  the  fifteenth  day  of  July  of  any 
year,  buys,  sells,  offers  for  sale,  ships  or  offers  or  receives 
for  shipment,  any  variety  of  salt-water  perch  (embio- 
tocidae),  is  guilty  of  a  misdemeanor. 

Another  §  62Sg  was  passed  at  the  same  session.  See  prior  sec- 
tion. 

Legislation  §  628g.     Added  by  Stats.  1913,  p.  9Sfi. 

§  628h.  Permission  to  plant  fish  and  fish  eg'g's.  Every 
person  who  places,  plants,  or  causes  to  be  placed  or 
planted,  in  any  of  the  waters  of  this  state,  any  live  fish 
or  the  eggs  of  any  fish,  any  shellfish,  crustacean  or  mol- 
lusk  (except  oysters),  or  any  other  fresh  or  salt  water  animal, 
whether  taken  without  or  within  the  state  without  first  hav- 
ing submitted  the  same  for  inspection  to  and  securing 
written  permission  from  the  board  of  fish  and  game  com- 
missioners, is  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dol- 
lars, nor  more  than  five  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  of  the  county  in  which  the  conviction  shall 
be  had.  not  less  than  fifty  days,  nor  more  than  six  months,  or 
by  both  such  fine  and  imprisonment ;  and  all  fines  and  for- 
feitures imposed  or  collected  for  violation  of  the  provisions 
of  this  section  must  be  paid  into  the  state  treasury,  to  the 
credit  of  the  fish  and  game  preservation  fund. 
Legislation  §  62811.     Added  by  Stats.  1915,  p.  1430. 


327     CHINESE  SHRIMP  NETS.     SCREENS  OVER  DITCH  INLETS.      §  629 

§  628i.  Use  of  Chinese  shrimp  nets.  Every  person  who 
shall  cast,  extend,  nse  or  continne,  or  who  shall  assist  in  east- 
-ing,  extending^,  using  or  continuing  any  "Chinese  shrimp  or 
bag  net,"  or  a  net  of  similar  character,  for  the  catching  of 
any  fish,  shellfish,  shrimp  or  crabs  in  the  waters  of  this  state 
shall  be  guilty  of  a  misdemeanor ;  provided,  that  it  shall  be 
lawful  to  use  "Chinese  shrimp  or  bag  nets"  in  the  Avaters  of 
fish  and  game  district  number  thirteen  for  the  taking  of 
shrimp ;  and  be  it  provided,  further,  that  any  fish,  shellfish, 
or  any  shrimp  unsuitable  for  sale  as  fresh  shrimp,  shall  be  re- 
turned to  the  water  alive. 

Legislation  §  628i.     Added  by  Stats.  1915,  p.  .57. 

§  629.  Fish  screens  over  ditch  inlets.  Investigation  as  to 
necessity  of  screens.  Taking-  of  evidence.  Witness  fees. 
Attendance  of  witnesses.  Deposition  of  witnesses.  Penalty 
for  refusing  to  maintain  screen.  Any  person,  company,  or 
corporation,  owning  in  whole  or  in  part,  or  leasing,  operating, 
or  having  in  charge,  any  mill  race,  irrigating  ditch,  pipe,  flume, 
or  canal,  taking  or  receiving  its  waters  from  any  river,  creek, 
stream,  or  lake,  in  which  fish  have  been  placed,  or  may  exist, 
shall  put,  or  cause  to  be  placed  and  maintained,  at  such  point  on 
said  mill  race,  irrigating  ditch,  pipe,  flume,  or  canal,  as  the 
state  board  of  fish  commissioners  shall  direct,  a  screen  of  such 
construction,  fineness,  strength  and  quality,  as  will  prevent 
fish  from  passing  through  such  mill  race,  irrigating  ditch, 
pipe,  flume,  or  canal,  and  away  from  the  river,  creek,  stream, 
or  lake,  from  which  said  mill  race,  irrigating  ditch,  pipe,  flume, 
or  canal  conducts  the  waters.  After  making  any  order  to 
place  and  maintain  such  screen  the  state  board  of  fish  com- 
missioners shall  when  requested  by  the  owners  or  parties 
in  charge  fix  a  time  and  place  in  the  county  in  which  the 
intake  of  such  mill  race,  irrigating  ditch,  pipe,  flume,  or 
canal,  is  situated,  for  the  taking  of  evidence  upon  the  ques- 
tion of  the  necessity  of  placing  and  maintaining  such  screen, 
and  cause  notices  in  writing  of  such  time  and  place  to  be 
served  upon  the  owners  or  persons  in  charge  of  such  pipe, 
flume,  ditch,  canal,  or  mill  race,  at  least  ten  days  beforg  the 
day  set  for  the  hearing,  and  at  such  time  and  place  testi- 
mony under  oath  shall  be  taken  both  on  the  part  of  the  state 
board  of  fish  commissioners,  and  the  owners  or  persons  in 
charge  of  such  pipe,  flume,  ditch,  canal,  or  mill  race,  if 
such  owner  or  persoij  in  charge  appear  and  offer  evidence, 
and  thereupon  the  state  board  of  fish  commissioners  from 
the  evidence  offered  shall  determine  whether  or  not  the 
necessity  for  the  placing  and  maintaining  of  a  screen  on 
such  pipe,  flume,  ditch,  canal,  or  mill  race  is  shown,  and  if 


§  82!)  I'ENAL   CODE.  328 

shown  to  be  required  and  necessary,  said  state  board  of  fish 
commissioners  may  direct  and  order  the  placing  and  main- 
taining on  such  pipe,  tlume,  ditch,  canal,  or  mill  race,  of  a 
screen  of  such  construction  and  fineness,  strength  and  qual- 
ity, as  will  prevent  fish  from  passing  through  such  mill  race, 
irrigating  ditch,  pipe,  flume,  or  canal,  and  away  from  the 
river,   creek,   stream,   or  lake,  from  wiiich  said  mill  race, 
irrigatijig  ditch,  pipe,  fiume,  or  canal,  conducts  the  waters, 
such  order  to  also  fix  the  point  where  the  screen  is  to  be 
placed  and  maintained,  and  a  certified  copy  of  such  order 
to  be  served  upon  the  owners  or  parties  in  charge  of  such 
mill  race,  irrigating  ditch,  pipe,  fiume,  or  canal.     The  evi- 
dence in  any  investigation,  in(juiry  or  hearing,  pi'ovidcd  by 
this  section,  may  be  taken  by  any  of  the  mcnilicrs  of  the  board 
of  fish  and  game  commissioners,  or  such  deputy  fish  and 
game    commissioner,    or  employee,  as  the  board  may  desig- 
nate to  take  such  evidence,  and  each  member  of  the  board 
and  any  of  its  deputies  or  employees  designated  to  take  evi- 
dence at  the  hearing  provided  hereby  shall  have  the  power 
to  administer  oaths,  take  affidavits  and  issue  sulipoenas  for 
the  attendance  of  witnesses  at  such  hearings.     Each  witness, 
legally  subpoenaed,  attending  at  a  hearing,  shall  receive  for 
his  attendance  the  same  fees  and  mileage  allowed  by  law  to 
a  witness  in  civil  cases,  which  amount  shall  be  paid  by  the 
party  at  whose  request  such  witness  is  subpoenaed.     The 
superior  court  in  and  for  the  county,  or  city  and  county,  in 
which  any  inquiry,  investigation,  hearing  or  proceeding  may 
be  held  under  authority  of  this  section  shall  have  the  power 
to  compel  the  attendance  of  witnesses,  the  giving  of  testi- 
mony and  the  production  of  papers,  as  required  by  any 
subpoena  issued  under  authority  of  this  section.     The  com- 
mission  or   representative   of  the   commission   before   whom 
the  testimony  is  to  be  given  or  produced,  in  case  of  the  re- 
fusal of  any  witness  to  attend  or  testify  or  produce  any 
papers  required  by  such  subpoena,  may  report  to  the  su- 
perior court  in  and  for  the  county,  or  city  and  county,  in 
which  the  proceeding  is  pending,  by  petition,  setting  forth 
that,  due  notice  has  been  given  of  the  time  and  place  of  at- 
tendance of  said  witness,  or  the  production  of  said  papers, 
and  that  the  witness  has  been  summoned  in  the  manner 
prescribed  in  this  act,  and  that  the  witness  has  failed  and 
refused  to  attend  or  produce  the  papers  required  by  the  sub- 
poena, before  the  commission  or  its  representative,  in  the 
cause  or  proceeding  named  in  the  notice  and  subpoena,  or 
has  refused  to  answer  questions  propounded  to  him  in  the 
course  of  such  proceeding,  and  ask  an  order  of  said  court, 
compelling  the  witness  to  attend  and  testify  or  produce  said 


329      CHINESE  SHRIMP  NETS.     SCREENS  OVER  DITCH  INLETS.      §  629 

papers  l)efoi"c  the  commi.ssion  or  its  representative.  The  court, 
upon  the  petition  of  the  commission  or  its  representative, 
shall  enter  an  order  directing  the  witness  to  appear  before 
the  court  at  a  time  and  place  to  be  fixed  by  the  court  in 
such  order,  the  time  to  be  not  more  than  ten  days  from  the 
date  of  the  order,  and  then  and  there  show  cause  why  he 
has  not  attended  and  testified  or  produced  said  papers  before 
the  commission  or  its  representative.  A  copy  of  said  order 
shall  be  served  upon  said  witness.  If  it  shall  appear  to  the 
court  that  said  subpoena  was  regularly  issued  by  the  com- 
mission or  its  representative,  the  court  shall  thereupon  enter 
an  order  that  said  witness  appear  before  the  commission 
or  its  representative  at  the  time  and  place  fixed  in  said  order, 
and  testify  or  produce  the  required  papers,  and  upon  failure 
to  obey  said  order,  said  witness  shall  be  dealt  with  as  for 
contempt  of  court.  The  commission  or  its  representative  or 
any  party  may,  in  any  investigation  or  hearing  before  the 
commission  or  its  representative,  cause  the  deposition  of 
witnesses  residing  within  or  without  the  state  to  be  taken 
in  the  manner  prescribed  by  law  for  like  depositions  in  civil 
actions  in  the  superior  courts  of  this  state  and  to  that  end 
may  compel  the  attendance  of  witnesses  and  the  production 
of  documents  and  papers.  Any  person,  company,  or  corpo- 
ration, neglecting  or  refusing  to  put  up  or  maintain  the 
screen  ordered  by  the  state  board  of  fish  commissioners, 
after  i+s  order  shall  have  become  final,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  twenty  dollars,  or  imprisonment 
in  the  county  jail  of  the  county  in  which  the  conviction  shall 
be  had  of  not  less  than  ten  days,  or  by  both  such  fine  and 
imprisonment,  any  fines  collected  over  and  above  the  costs 
of  the  proceedings,  to  be  paid  into  the  state  treasury  to  the 
credit  of  the  "fish  commission  fund" ;  and  provided,  that  the 
continuance  from  day  to  day  of  the  neglect  or  refusal  to  in- 
stall and  maintain  such  screen  after  the  same  is  finally 
ordered  shall  constitute  a  separate  offense  for  each  day. 
[Amendment  approved  1915;  Stats.  1915,  p.  696.] 

Legislation  §  629.  1.  Added  by  Stats.  1895,  p.  259,  and  then 
read:  "Any  person  or  persons,  corporation  or  corporations,  owning, 
in  whole  or  in  part,  or  leasing,  operating,  or  having  in  charge,  any 
mill  race,  irrigating  ditch,  or  canal,  taking  or  receiving  its  waters 
from  any  river,  creek,  stream,  or  lake  in  which  fish  have  been 
placed  or  may  exist,  shall  put,  or  cause  to  be  placed  and  maintain 
over  the  inlet  of  said  ditch,  canal,  or  mill  race,  a  wire  screen  of 
such  construction  and  fineness,  strength  and  quality,  as  shall  pre- 
vent any  such  fish  from  entering  such  ditch,  canal,  or  mill  race, 
when  required  to  do  so  by  the  fish  commissioners.  Any  person  or 
corporation  violating  the  provisions  of  this_  section,  or  who  shall 
neglect  or  refuse  to  put  u[)  or  inaiiitaiii  such  screen,  shall  be  guilty 


§  G30  PKNAL   CODE.  330 

of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punishcil 
by  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars,  and  may  be  imprisoned  at  the  rate  of  two  dollars  per 
day  until  such  fine  be  paid  or  satisfied;  provided,  that  the  con- 
tinuance from  day  to  day  of  the  neglect  or  refusal,  after  notifica- 
tion in  writing  by  the  fish  commissioners,  shall  constitute  a  sepa- 
rate  offense." 

2.  Amendment  by  Stats.  1901,  p.  176;  unconstitutional.  See  note, 
§  5,   ante. 

3.  Amended  by  Stats.  1903,  p.  24,  the  section  then  reading  as 
when  added  in  1895,  down  to  the  words  "or  mill  race"  in  the  second 
instance,  the  section  thereafter  proceeding,  "a  screen  of  such  con- 
struction and  fineness,  strength,  and  quality  as  shall  prevent  any 
such  fish  from  entering  such  ditch,  canal,  or  mill  race,  when  re- 
quired to  do  so  by  the  state  board  of  fish  commissioners,  and  any 
person  or  cori)oratiou  violating  any  of  the  provisions  of  this  sec- 
tion, or  who  shall  neglect  or  refuse  to  put  up  or  maintain  such 
screen,  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars 
or  imprisoned  in  the  county  jail  of  the  county  in  which  the  con- 
viction shall  be  had  not  less  than  ten  da3's,  or  by  both  such  fine 
?nd  imprisonment;  and  all  fines  imposed  and  collected  for  viola- 
tion of  any  of  the  provisions  of  this  section  shall  be  paid  into 
the  state  treasury  to  the  credit  of  the  'fish  commission  fund,' " 
the  proviso  reading  as  when  enacted  in  1895. 

4.  Amended  by  Stats.  1905,  p.   187,  to  read: 

"Any  person,  company,  or  corporation,  owning,  in  whole  or  in 
part,  or  leasing,  operating,  or  having  in  charge  any  mill-race,  irri- 
gating ditch,  pipe,  flume,  or  canal,  taking  or  receiving  its  waters 
from  any  river,  creek,  stream,  or  lake  in  which  fish  have  been 
placed,  or  may  exist,  shall  put,  or  cause  to  be  placed  and  main- 
tained, over  the  inlet  of  such  pipe,  flume,  ditch,  canal,  or  mill-race, 
a  screen  of  such  construction  and  fineness,  strength,  and  quality 
as  shall  prevent  any  such  fish  from  entering  such  ditch,  pipe,  flume, 
canal,  or  mill-race,  when  required  to  do  so  by  the  state  board  of 
fish  commissioners.  Any  person,  company,  or  corporation  violating 
any  of  the  provisions  of  this  section,  or  who  shall  neglect  or  refuse 
to  put  up  or  maintain  such  screen,  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  punished  by  a  fine 
of  not  less  than  twenty  dollars  or  imprisoned  in  the  county  jail 
of  the  county  in  which  the  conviction  shall  be  had  not  less  than 
ten  days,  or  by  both  such  fine  and  imprisonment;  and  all  fines 
imposed  and  collected  for  violation  of  any  of  the  provisions  of  this 
section  shall  be  paid  into  the  state  treasury  to  the  credit  of 
the  'fish  commission  fund';  provided,  that  the  continuance  from 
day  to  day  of  the  neglect  or  refusal,  after  notification  in  writing 
by  the  state  board  of  fish  commissioners,  shall  constitute  a  separate 
offense  for  each  day." 

5.  Amended  by  Stats.  1915,  p.  696. 

The  original  section  629  entitled  "Having  game  in  possession 
during  the  time  that  killing  thereof  is  prohibited"  was  repealed  in 
1883,   Stats.  1883,  p.   82. 

§  630.  Fish  business  without  license  misdemeanor.  Every 
person  who  carries  on  the  business  of  purchasing?,  selling, 
and  dealing  in  fish  or  in  wild  game  or  wild  animals  by  whole- 
sale in  this  state,  except  by  authority  of  a  license  is  guilty 
of  a  misdemeanor. 


331  REPORTS   OF    WHOLESALE    FISH   DEALERS.  §  630b 

Legislation  §  630.  Added  by  Stats.  1911,  p.  902.  The  original 
statute  related  to  the  prohibition  of  the  use  of  phosphorus  in  cer- 
tain counties.  It  was  enacted  Feb.'  14,  1872  and  was  based  on  the 
statutes  of  1863,  p.  185,  §§  1,  2.  It  was  repealed  by  Stats.  1897, 
p.   348. 

§  630a.     Reports    of    wholesale    fish    dealers.    Penalty. 

All   persons,    firms,   corporations,    wholesale    dealers,    com- 
mission dealers  or  retail  dealers  who  purchase  or  receive 
from  fishermen  or  hunters  or  takers  any  fish,   game,   mol- 
lusks  or  crustaceans  for  the  purpose  of  re-selling  or  deal- 
ing with  the  trade ;   and  all  persons,   firms,   corporations, 
wholesale  dealers,  commission  dealers  or  retail  dealers  en- 
gaged in  the  wholesale,  commission  or  retail  business,  who 
catch,  take  or  kill  their  own  fish,  game,  mollusks  or  crusta- 
ceans, shall  render  to  the  fish  and  game  commission  of  the 
State  of  California  on  or  before  the  tenth  day  of  each  month, 
on  blanks  to  be  furnished  by  said  fish  and  game  commission, 
a  true  and  correct  statement  showing  the  amount  of  each 
species  of  fish  and  game,  including  mollusks  and  crustaceans, 
stated  separately,  so  purchased  or  taken  during  the  previous 
month,  together  wdth  the  name  and  address  of  the  person 
or  persons  from  whom  the  said  fish,  game,  mollusks  or  crus- 
taceans were  received.     For  the  purpose  of  this  chapter,  a 
wholesale  dealer  is  a  person  or  firm  who  deals  in  fish  or 
game  with  the  trade.     Every  person  who  violates  any  of  the 
provisions  of  this  section  is  guilty  of  a  misdemeanor;  and 
all  fines  and  forfeitures  imposed  and  collected  for  violation 
of  any  of  the  provisions  of  this  section  shall  be  paid  into  the 
state  treasury,  to  the  credit  of  the  fish  and  game  preserva- 
tion fund.     [Amendment  approved  1915 ;  Stats.  1915,  p.  604,] 
Legislation  §  630a.     1.  Added    by    Stats.    1911,    p.    902,    and    then 
read:    "Every    wholesale    dealer   in    fish    or   in    wild    game    or   wild 
animals    who    buys    or    deals    in    the    fish    or    in    the    wild    game    or 
animals  of  this   state   for  profit,   shall  upon  receipt  or  purchase  of 
any  fish  or  of  any  wild  game   or  wild  animals  in  this  state,  enter 
at  the  time  of  the  transaction,  in  a  register  kept  by  him  for  that 
purpose,   in   the   English   language,   the   date,   the   kind   and   weight 
of  fish  so  received  or  bought,  and  the  date,  the  kind  and  number 
of  wild  game  or  animals  so  received,  or  bought,  and  the  name  and 
the   residence   of   the   person   or  persons  from   whom   the   same   was 
received,  or  purchased.     Every  person  who  violates  any  of  the  pro- 
visions  of  this  section  is  guilty  of   a   misdemeanor." 
2.  Amended  by  Stats.  1915,  p.  604. 

§  630b.  Failure  to  produce  register  misdemeanor.  Every 
wholesale  dealer  for  profit  in  any  of  the  fish  or  wild  game 
or  animals  of  this  state  who  fails,  refuses,  or  neglects  to 
produce  for  inspection  his  register  to  any  fish  and  game 
commissioner  of  this  state,  or  any  duly  appointed,  qualified, 
and  acting  assistant  thereof,  is  guilty  of  a  misdenieanoi-. 
Legislation  §  6301J.     Added  by  Stats.  1911,  p.  902. 


§  G31  PENAL   CODE.  332 

§  631.  Net,  pound,  cage,  trap,  etc.,  not  to  be  used.  Every 
person  wlio  takes,  kills,  or  destroys  by  use  of  any  net,  i)ound, 
'cage,  trap,  set  line  or  wire,  or  l)y  the  use  of  any  poisonous 
substance,  any  of  the  birds  or  animals  mentioned  in  this 
chapter,  or  who  transports,  buys,  sells,  or  gives  away,  offers 
or  exposes  for  sale,  or  has  in  his  possession,  any  of  the  said 
birds  or  animals  that  have  been  taken,  killed,  or  captured 
by  the  use  of  any  net,  pound,  cage,  trap,  set  line  or  wire, 
or  by  the  use  of  any  poisonous  sul)stance,  Avhether  taken 
in  the  state  of  California,  or  shipped  into  the  state  f)-om  any 
other  state,  territory  or  foreign  country,  is  guilty  of  a  mis- 
demeanor; provided,  that  the  same  may  be  taken  for  the 
purpose  of  propagation,  or  for  scientific  purposes,  written 
permission  having  first  been  obtained  from  the  state  board  of 
fish  eonnnissioners.  Proof  of  possession  of  any  such  birds 
or  animals  which  do  not  show  evidence  of  having  been  taken 
by  means  other  than  a  net,  pouud,  cage,  trap,  set  line  or 
wire,  or  by  the  use  of  any  poisonous  substance,  is  prima 
facie  evidence  in  any  prosecution  for  violation  of  the  pro- 
visions of  this  section,  that  the  person  in  whose  possession 
such  birds  or  animals  are  found,  took,  killed,  or  destroyed 
the  same  by  means  of  a  net,  pound,  cage,  trap,  set  line  or 
wire,  or  by  the  use  of  poisonous  substance.  [Amendment 
approved  1905;  Stats.  1905,  p.  257.] 

Legislation  §  631.  1.  Added  by  Code  Amdts.  1880,  p.  42,  as  an 
amendment  of  the  original  code  §  631  (which  was  entitled  "Taking 
trout,  when  prohibited";  q.  v.,  post,  Legislation  §  632;  but  see  post, 
Legislation  §  633,  ou  the  subject  of  nets,  etc.),  and  then  read: 
"631.  Any  person  or  persons  who  shall,  at  any  time,  net,  pound, 
weir,  cage,  or  trap  any  quail,  partridge,  or  grouse,  or  who  shall 
take  from  any  net,  pound,  weir,  cage,  or  trap,  any  quail,  partridge, 
or  grouse,  and  retain  in  his  possession,  or  sell,  or  give  away  the 
same,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Stats.  1881,  p.  73,  to  read:  "631.  Any  person  or 
persons  who  shall  at  any  time  net,  pound,  weir,  cage,  or  trap  any 
quail,  partridge,  or  grouse,  and  any  person  or  persons  who  shall 
sell,  or  give  awa.y,  or  shall  have  in  his  or  her  possession  any  quail, 
partridge,  or  grouse,  that  have  been  snared,  captured,  or  taken  in 
or  by  means  of  any  net,  pound,  weir,  cage,  or  trap,  is  guilty  of  a 
misdemeanor." 

3.  Amended  by  Stats.  1883,  p.  81,  to  read:  "631.  Every  person 
who  shall  at  any  time  net,  pound,  weir,  cage,  or  trap  any  quail, 
partridge,  or  grouse,  and  every  person  who  shall  sell,  buy,  trans- 
port, or  give  away,  or  offer  or  expose  for  sale,  or  have  in  his 
possession  any  quail,  partridge,  or  grouse  that  have  been  snared, 
captured,  or  taken  in  or  by  means  of  any  net,  pound,  weir,  cage, 
or  trap,  is  guilty  of  a  misdemeanor.  Proof  of  possession  of  any 
quail,  partridge,  or  grouse  which  shall  not  show  evidence  of  having 
been  taken  by  means  other  than  a  net,  pouud,  weir,  cage,  or  trap, 
shall  be  jirima  facie  evidence  in  any  prosecution  for  a  \iolation  of 
the   ])rovisions  of  this  section,   that  the  person  in    whose  possession 


333  PENALTY    FOR    VIOLATION    OF    GAME    LAWS.  §  631a 

such  quail,  partridge,  or  grouso  is  found,  took,  killed,  or  destroyed 
the  same  by  means  of  a  net,  pound,  weir,  cage,  or  trap." 

•±.  Amended  by  Stats.  1887,  p.  237,  to  read:  "631.  Every  person 
who  shall  at  any  time  net  or  pound  any  quail,  partridge,  or  grouse, 
and  every  person  who  shall  sell,  buy,  transport,  or  give  away,  or 
offer  or  expose  for  sale,  or  have  in  his  possession,  any  quail,  part- 
ridge, or  grouse  that  have  been  snared,  captured,  or  taken  in  or  by 
means  of  any  net  or  pound,  is  guilty  of  a  misdemeanor.  Proof 
of  possession  of  any  quail,  partridge,  or  grouse,  which  shall  not 
show  evidence  of  having  been  taken  by  means  other  than  a  net  or 
pound,  shall  be  prima  facie  evidence  in  any  prosecution  for  a  vio- 
lation' of  the  provisions  of  this  section  that  the  person  in  whose 
possession  such  quail,  partridge,  or  grouse  is  found,  took,  killed,  or 
destroyed   the   same   by   means  of  a   net   or   pound." 

5.  Amended  by  Stats.  1895,  p.  260  (1)  changing  the  first  sen- 
tence to  read:  "631.  Every  person  who  shall,  at  any  time,  net  or 
pound,  cage  or  trap,  any  quail,  partridge,  or  grouse,  and  every 
person  who  shall  sell,  transport,  or  give  away,  or  offer  or  expose 
for  sale,  or  have  in  his  possession  any  quail,  partridge,  or  grouse 
that  has  been  snared,  captured,  or  taken  by  means  of  any  net  or 
pound,  cage  or  trap,  whether  taken  in  the  state  of  California,  or 
shipped  into  the  state  from  any  other  state,  territory,  or  foreign 
country,  is  guilty  of  a  misdemeanor;  provided,  the  same  may  be 
taken  for  the  purposes  of  propagation,  written  permission  having 
been  first  obtained  from  the  game-warden  of  the  county  wherein 
said  birds  are  to  be  taken";  (2)  in  second  sentence,  omitting  the 
article  "a"  before  "violation,"  and  before  "net  or  pound"  at  end 
of  section. 

6.  Amended  by  Stats.  1901,  p.  822,  to  read:  "631.  Every  person 
who  takes,  kills,  or  destroys,  by  the  use  of  any  net,  pound,  cage, 
trap,  set  line  or  wire,  any  quail,  partridge,  grouse,  wild  duck, 
curlew,  or  ibis,  or  who  transports,  buj's,  sells  or  gives  away,  offers 
or  exposes  for  sale,  or  has  in  his  possession,  any  of  the  said  birds 
that  have  been  taken,  killed,  or  captured  by  the  use  of  any  net, 
pound,  cage,  trap,  set  line  or  wire,  whether  taken,  in  the  state  of 
California,  or  shipped  into  the  state  from  any  other  state,  terri- 
tory, or  foreign  country,  is  guilty  of  a  misdemeanor;  provided,  that 
the  same  may  be  taken  for  purposes  of  propagation  or  for  scientific 
l^urposes,  written  permission  having  been  first  obtained  from  the 
game  commissioner  or  the  state  board  of  fish  commissioners." 

7.  Amended  by  Stats.  1905,   p.  257. 

For  original   code  §  631,  see   infra,   Legislation  §  632. 

§  631a.  Penalty  for  violation.  Every  person  found  guilty 
of  a  violation  of  any  of  the  provisions  of  sections  six  hun- 
dred and  twenty-six,  six  hundred  and  twenty-six  a,  six 
hundred  and  twenty-six  b,  six  hundred  and  twenty-six  c, 
six  hundred  and  twenty-six  d,  six  hundred  and  twenty-six  f, 
six  hundred  and  twenty-six  g,  six  hundred  and  twenty-six  h, 
six  hundred  and  twenty-six  i,  six  hundred  and  twenty-six  j 
six  hundred  and  twenty-six  k,  six  hundred  and  twenty-six  m, 
sections  six  hundred  and  twenty-seven,  six  hundred  and 
twenty-seven  a,  six  hundred  and  tAventy-seven  b,  and  sec- 
tion six  hundred  and  thirty-one,  must  be  fined  in  a  sum  not 
less  than  twenty-five  dollars  nor  more  than  five  hundred 


§  631d  PENAL  CODE.  334 

dollars,  or  iinprisoniiicnt  in  tlie  county  .fail  of  the  county  in 
which  tlic  conviction  shall  be  had,  not  less  than  twenty-five 
days  nor  more  than  one  hundred  and  fifty  days,  or  by  both 
such  fine  and  inipi-isonmoiit.  |  Aniondniont  appi-ovod  1905; 
Stats.  1905,  p.  258.1 

Legislation  §  631a.     1.  Added   by   Stals.   1901,   p.  822. 

2.  .\iii(Mid('d  In-  yiats.  1905,  p.  258,  omitting  from  the  series  of 
sectidii    iniiiilnMs   "six   liundnul   and  twciity-six  e." 

§  631b.  Disposition  of  money  from  fines.  Game-pres- 
ervation fund.  All  fines  paid  or  collected  for  the  violation 
of  any  of  the  provisions  of  sections  six  hundred  and  twenty- 
six,  six  liundred  and  tAvcnty-six  a,  six  hundred  and  twenty- 
six  b,  six  hundred  and  twenty-six  c,  six  hundred  and  twenty- 
six  d,  six  liundred  and  twenty-six  e,  six  hundred  and  twenty- 
six  f,  six  hundred  and  twenty-six  g,  six  liundred  and  twenty- 
six  h,  six  hundred  and  twenty-six  i,  six  liundred  and  twenty- 
six  j,  six  hundred  and  twenty-six  1^,  six  hundred  and  twent}"- 
six  m,  six  hundred  and  twenty-seven,  six  hundred  and 
tw'enty-seven  a,  six  hundred  and  twenty-seven  b,  and  six 
hundred  and  tliirty-one,  of  this  cliapter,  must  be  paid  by 
the  court  in  wliich  the  conviction  shall  be  had  into  the  state 
treasury  to  the  credit  of  tlie  game-preservation  fund,  which 
fund  is  hereby  created,  and  the  moneys  in  said  fund  sliall 
be  applied  to  the  payment  of  claims  approved  by  the  game 
commissioner  or  the  state  board  of  fish  commissioners  for 
the  expense  of  protecting,  restoring  and  introducing  game 
into  the  state  and  to  the  payment  of  the  expenses  incurred 
in  the  prosecution  of  offenders  against  the  provisions  of  the 
above-named  sections. 

Legislation  §  631b.     Added  by   Stat.s.   1901,   p.   822. 

§  631c.  Penalty  for  violation.  Every  person  found  guilty 
jof  a  violation  of  any  of  the  provisions  of  sections  six  hun- 
dred and  twenty-six  e  must  be  fined  in  a  sum  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars  or  imprison- 
ment ill  the  county  jail  of  the  county  in  which  the  convic- 
tion shall  be  had,  not  less  than  fifty  days  nor  more  than  one 
hundred  and  fifty  days,  or  by  both  such  fine  or  [and] 
imprisonment. 

Legislation  §  631c.     Added  by  Stats.  1905,  p.  258. 

§  631d.  License  to  raise  elk,  deer,  etc.,  as  a  business. 
Fee.  1.  Any  person  desiring  to  engage  in  the  business  of 
raising  and  selling  domesticated  American  elk  (alces  mach- 
lis).  mule  deer  (capreolus  macrotes),  black-tailed  deer  (ca- 
preolus  columbianus),  white-tailed  deer  (capreolus  leucurus), 
European  red  deer   (cervus  elaphus),  fallow  deer   (cervus 


335  LICENSE  TO  RAISE  GAME  AS  BUSINESS.  §  631cl 

dama),  Hawaiian  or  common  Indian  deer  (cervulus  mimtjac) 
roebuck  (capreolus  caprea),  pheasants  (phasianus  linna- 
eus),  partridge  (phasianidae),  bob-white  quail  (ortyx  vir- 
ginianus),  California  valley  and  mountain  quail  (laportyx 
calif ornieus),  wild  duck  (anatidae)  of  any  variety,  or  any 
of  them,  in  a  wholly  inclosed  preserve  or  entire  island  of 
which  he  is  the  owner  or  lessee,  may  make  application  in 
writing  to  the  state  board  of  fish  and  game  commissioners 
for  a  license  so  to  do.  The  said  board  of  fish  and  game 
commissioners,  when  it  shall  appear  that  said  application 
is  made  in  good  faith,  shall  upon  the  payment  of  a  fee  of 
twenty-five  dollars,  issue  to  such  applicant  a  breeder's  li- 
cense permitting  such  applicant  to  breed  and  raise  domesti- 
cated American  elk,  mule  deer,  black-tailed  deer,  white- 
tailed  deer,  European  red  deer,  fallow  deer,  Hawaiian  or 
common  Indian  deer,  roebuck,  pheasants,  partridges,  bob- 
white  quail,  California  quail,  wild  ducks,  or  any  of  them 
as  hereto  designated  on  such  preserve  or  entire  island  and 
to  sell  the  same  alive  or  at  any  time  for  breeding  and  stock- 
ing purposes  and  to  kill  and  transport  the  same  and  sell  the 
carcasses  thereof  for  food  as  hereinafter  provided.  Such 
license  shall  expire  on  the  last  day  of  December  in  each 
year  at  midnight. 

2.  Manner  of  and  open  season  for  killing*.  Any  person  to 
whom  such  a  license  shall  have  been  issued  may  kill  such 
elk,  deer,  pheasants,  partridges,  quail  or  ducks  in  the  man- 
ner and  at  the  times  herein  set  forth,  as  follows :  deer  may 
be  killed  by  shooting  or  otherAvise  between  the  fifteenth 
day  of  August  and  the  first  day  of  November,  both  inclu- 
sive. Pheasants  or  partridges  may  be  killed  otherwise 
than  by  shooting  between  the  first  day  of  October  and  the 
thirty-first  day  of  December,  both  inclusive.  Bob-Avhite 
and  California  quail  ma}^  be  killed  otherAvise  than  by  shoot- 
ing betAveen  the  first  day  of  August  and  the  first  day  of 
February,  both  inclusiA^e.  Wild  ducks  may  be  killed  other- 
wise than  by  shooting  betAveen  the  fifteenth  day  of  October 
and  the  first  day  of  March,  both  inclusive.  Any  person  may 
possess  or  sell  such  deer,  pheasants,  partridges,  quail  or  Avild 
duck  for  food,  as  herein  set  forth.  A  breeder  of  pheasants 
or  partridges,  under  a  license  as  hercAvith  provided  may, 
during  the  month  of  February,  kill  by  shooting  his  surplus 
cock  pheasants  or  cock  partridges,  proAdded  he  shall  first 
obtain  from  the  state  board  of  fish  and  game  commissioners 
a  permit  so  to  do. 

3.  Tagging'.  No  deer,  pheasants,  partridges,  quail  or 
Avild  ducks,  killed  as  aforesaid  and  intended  for  sale,  shall 
be  shipped,  transported,  sold  or  offered  for  sale,  unless  each 


i^  (iiJld  I'KNAI.    CODE.  3150 

quarter  and  oacli  loin  oi'  each  carcass  oi'  each  deer  and  eacli 
pheasant,  partridge,  (piail  or  duck  shall  have  been  tagged 
under  the  supervision  of  the  state  board  oi"  fish  and  game 
commissioners  Avith  a  tag  or  seal  which  shall  be  supplied 
by  the  said  commissioners.  The  quarters  and  loins  ol:  the 
carcass  oi"  such  deer  and  the  carcasses  of  such  pheasants, 
partridges,  quail  or  ducks,  when  tagged  as  aforesaid,  may 
be  possessed,  sold  or  offered  for  sale  between  the  dates  here- 
inbefore mentioned  as  the  dates  between  which  they  may  be 
killed.  Every  game  protector  or  person  designated  by 
whom  such  deer,  pheasants,  partridges,  quail  or  ducks  shall 
have  been  tagged,  shall  within  five  days  thereafter,  make 
and  file  with  the  state  board  of  fish  and  game  commissioners 
a  written  report  thereof,  which  shall  contain  a  statement 
of  the  name  of  the  person  by  whom  such  deer,  pheasants, 
partridges,  quail  or  ducks  were  bred  or  raised  and  killed; 
the  number  of  such  deer,  pheasants,  partridges,  quail  or 
ducks,  so  killed,  and  the  name  of  the  person  or  persons  to 
whom  such  deer,  pheasants,  partridges,  quail  or  ducks  were 
sold  or  to  whom  they  were  transported. 

4.  Transportation.  Common  carriers  may  receive  and 
transport  during  the  open  season  therefor,  carcasses,  or 
parts  thereof  of  said  deer,  pheasants,  partridges,  quail  or 
ducks  tagged  as  aforesaid  but  to  every  package  containing 
such  carcasses  or  parts  thereof  shall  be  affixed  a  tag  or 
label,  upon  which  shall  be  plainly  printed  or  written  the 
name  of  the  person  to  whom  such  license  was  issued,  and 
by  whom  such  deer,  pheasants,  partridges,  quail  or  ducks 
w^ere  killed,  the  name  or  names  of  the  person  or  persons 
to  whom  such  deer,  pheasants,  partridges,  quail  or  ducks 
are  to  be  transported;  the  name  of  the  game  protector  or 
other  person  by  Avhom  such  deer,  pheasants,  partridges, 
quail  or  ducks  were  tagged,  the  number  of  carcasses  or 
portions  thereof  contained  therein,  and  that  the  deer,  pheas- 
ants, partridges,  quail  or  ducks  were  killed  and  tagged  in 
accordance  with  the  provisions  of  this  section. 

5.  Sale.  No  person  shall  sell  or  offer  for  sale  any  venison 
or  birds  killed  and  tagged  as  aforesaid,  without  first  ob- 
taining a  license  so  to  do  from  the  state  board  of  fish  and 
game  commissioners,  upon  such  terms  and  conditions  as  the 
said  commissioners  may  prescribe  and  any  such  license  may 
be  revoked  for  sufficient  cause  at  the  pleasure  of  the  said 
commission.  The  said  tags  or  seals  shall  remain  affixed  as 
aforesaid  until  the  quarters  or  loins  of  such  deer,  or  the 
carcasses  of  such  pheasants,  partridges,  quail  or  ducks  shall 
have  been  wholly  consumed,  and  the  sale  of  a  quarter  or 
loin,   or  any  larger  portion  of  such   deer,   or  the  carcass 


337  LICENSE   TO   RAISE  GAME   AS  BUSINESS.  §  631d 

of  any  such  pheasant,  partridge,  quail  or  duck  which  shall 
not  at  the  time  have  affixed  thereto  the  tag  or  seal  afore- 
said, shall  constitute  a  violation  of  this  section;  provided, 
however,  that  the  keeper  of  a  hotel,  or  restaurant,  a  board- 
ing-house, or  a  retail  dealer  in  meat  or  a  club  may  sell  por- 
tions of  a  quarter  or  loin  of  any  such  deer,  or  the  carcass 
of  any  such  pheasants,  partridge,  quail  or  duck  so  tagged 
or  sealed  as  aforesaid  to  a  patron  or  customer  for  actual 
consumption,  and  no  license  shall  be  required  of  such  per- 
son or  club. 

6.  Reports.  On  or  before  the  first  day  of  April  of  each 
year  every  person,  to  whom  a  license  shall  have  been  issued 
as  aforesaid  shall  make  a  report  to  the  state  board  of  fish 
and  game  commissioners,  covering  the  period  from  the  first 
day  of  August  of  the  preceding  year  to  the  first  day  of 
March,  both  inclusive,  of  the  year  in  which  the  report  is 
made,  Avhich  said  report  shall  state  the  total  number  of  deer, 
pheasants,  partridges,  quail  or  ducks  killed,  sold  or  trans- 
ported, as  permitted  by  the  provisions  of  this  section,  dur- 
ing said  period.  Such  reports  shall  set  forth  the  name  of 
the  person  to  whom  such  deer,  pheasants,  partridges,  quail 
or  ducks  were  sold  or  transported,  the  name  of  the  game 
protector  or  person  designated  in  whose  presence  such  elk, 
deer,  pheasants,  partridges,  quail  or  ducks  were  tagged, 
and  such  reports  shall  be  verified  by  the  affidavit  of  the 
person  to  Avhom  such  license  Avas  issued  or  if  the  license 
was  issued  to  a  corporation,  then  by  the  officer  thereof. 

7.  Selling"  alive.  Any  person  to  whom  such  license  shall 
have  been  issued  may  sell  and  ship  alive  within  this  state 
such  elk,  and  all  common  carriers  and  transportation  com- 
panies may  receive  and  carry  wathin  the  state  such  live 
elk  as  herein  set  forth,  upon  such  terms  and  conditions  as 
the  said  commissioners  may  prescribe. 

8.  Trapping-  wild  game  permitted.  For  the  purposes  of 
this  act,  it  shall  be  lawful  for  the  fish  and  game  commis- 
sion to  trap  and  take  alive  any  of  the  birds  or  animals  men- 
tioned in  this  act  and  to  dispose  of  them  to  any  person 
engaging  in  the  domestication  and  sale  of  any  of  such  birds 
or  animals  in  this  state,  at  a  price  to  be  fixed  by  the  fish 
and  game  commission ;  provided,  further,  that  no  birds  or 
animals  mentioned  in  this  act  shall  be  sold  to  any  person 
until  such  person  shall  comply  watli  all  the  requirements 
of  this  act. 

9.  Disposition  of  receipts.  All  moneys  received  from  the 
sale  of  any  birds  or  animals,  or  tags  provided  for  in  this 
act,  and  all  fines  and  forfeitures  imposed  and  collected  for 

Pen.  Code — 22 


^  632  PENAL  CODE.  338 

any  violation  of  the  jjrovisions  of  this  act  shall  be  paid 
into  the  state  tr(>usury  to  tiie  credit  of  the  lish  and  j^ame 
preservation  fund. 

10.  Deer  preserves  to  be  fenced.  A  preserve  used  for  the 
breeding-  of  elk  or  doer,  pursuant  to  this  section,  shall  be 
surrounded  by  a  fence  of  wire  or  other  inat<>rial  of  a  pattern 
to  be  approved  by  the  state  board  of  fish  and  game  commis- 
sioners and  of  a  height  of  not  less  than  seven  feet. 

11.  Revocation  of  license.  If  any  person  to  whom  such 
license  sliall  have  been  issued  shall  be  convicted  of  a  viola- 
tion of  the  fish  and  game  law,  the  state  board  of  fish  and 
game  commissioners  may  revoke  the  license  of  such  person, 
and  thereafter  no  similar  license  shall  be  issued  to  such 
person. 

12.  Fees.  The  state  board  of  fish  and  game  commis- 
sioners shall  be  entitled  to  receive  and  collect  for  each  tag 
or  seal  affixed  to  the  carcass  of  any  animal  or  bird,  as  here- 
inbefore provided,  the  sum  of  three  cents. 

13.  Penalties.  Any  person  who  violates  or  fails  to  per- 
form any  duty  imposed  by  any  of  the  provisions  of  this  act 
^s  guilty  of  a  misdemeanor  and  is  liable  to  a  i:)enalty  of  one 
hundred  dollars  and  an  additional  penalty  of  twenty  dol- 
lars for  each  quadruped  or  bird  or  part  of  quadruped  or 
bird  bought,  sold,  or  offered  for  sale,  taken,  possessed,  trans- 
ported or  had  in  possession  for  transportation  in  violation 
thereof.  All  acts  or  parts  of  acts,  relating  to  the  possession 
of  game  in  its  wild  state,  that  may  be  in  direct  conflict 
Avith  or  in  opposition  to  the  enforcement  and  reasonable 
operation  of  this  act  are  hereby  repealed. 

Legislation  §  631d.     Added   by   Stats.    1913,   p.   9S1. 

§  632.     Protection  of  trout.     Every  person  who,  at  any 
time,  buys,  sells,  offers  or  exposes  for  sale  any  trout  less  than 
twelve  inches  in  length,  or  who  takes,  catche-;,  kills  or  has  in 
his  possession  during  any  one  calendar  day  more  than  fifty 
trout  or  ten  pounds  and  one  fish  or  one  fish  weighing  ten 
pounds  and  over,  or  who  takes,  catches,  kills  or  has  in  his 
possession  any  trout  taken  except  with  hook  and  line  and  in 
the  manner  commonly  known  as  angling  is  guilty  of  a  mis- 
demeanor.    Any  person  who,  in  fish  and  game  districts  one, 
four,  five,  six,  seven,  eight,  nine,  nineteen,  twenty-one,  twenty- 
four,  twenty-six  twenty-eight  and  twenty-nine  between  the 
first  day  of  December  and  the  thirtieth  day  of  April  inclusive, 
of  the  year   following   buys,   sells,   offers   for  sale,   takes, 
catches,  kills  or  has  in  his  possession  any  variety  of  trout 
or  whitefish  is  guilty  of  a  misdemeanor.     Every  person  who. 


339  PROTECTION  OF  TROUT.        •       §  632 

in  fish  and  game  districts  two,  three,  ten,  eleven,  twelve, 
thirteen,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nine- 
teen, twenty-five  and  twenty-seven  between  the  first  day 
of  November  and  the  thirtieth  day  of  April,  inclusive,  of 
the  year  following,  buys,  sells,  offers  for  sale,  takes,  catches, 
kills  or  has  in  his  possession  any  variety  of  trout  is  guilty 
of  a  misdemeanor.  Every  person  who,  in  fish  and  game 
district  twenty-three,  between  the  first  day  of  November 
and  the  thirty-first  day  of  May,  inclusive,  of  the  year  fol- 
lowing, takes,  catches,  kills  or  has  in  his  possession  any 
variety  of  trout  or  whitefish  is  guilty  of  a  misdemeanor; 
provided,  that  it  shall  be  lawful  in  fish  and  game  district 
twenty-three  to  take,  ship,  buy,  sell  or  offer  for  sale  or 
have  in  possession  in  one  calendar  day,  twenty  trout,  irre- 
spective of  weight,  of  the  species  Salmo  my  kiss  henshawii 
or  Salmo  tahoensis  (also  known  as  Salmo  regalis),  both 
species  commonly  known  as  cutthroat,  Tahoe  trout  or  black- 
spotted  trout ;  and  it  shall  be  lawful  to  have  in  possession 
and  to  sell,  twenty  such  trout  in  fish  and  game  district  one ; 
provided,  further,  that  it  shall  be  unlawful  for  any  person, 
between  the  first  day  of  November  and  the  thirty-first  day 
of  July,  inclusive,  of  the  year  following,  to  take,  catch  or 
kill  any  trout  within  five  hundred  feet  of  the  mouth  of  any 
stream  flowing  into  any  lake,  or  to  take,  catch  or  kill  any 
trout  in  any  stream  flowing  into  any  lake  within  two  miles, 
extending  from  its  mouth  toward  its  source,  in  fish  and 
game  district  twenty-three ;  or  to  buy,  sell,  offer  for  sale  or 
have  in  his  possession  any  trout  so  taken ;  provided,  fur- 
ther, that  nothing  in  this  section  shall  prohibit  the  taking 
of  trout  by  means  of  spear  or  hook  and  line,  in  fish  and  game 
district  two  between  the  fifteenth  day  of  December  and  the 
fourteenth  day  of  February  of  the  year  following,  both  dates 
inclusive,  but  not  more  than  two  trout,  irrespective  of 
weight,  may  be  taken  during  any  one  calendar  day ;  pro- 
vided, further,  that  nothing  in  this  section  shall  prohibit  the 
taking  of  steelhead  trout  by  means  of  nets  in  fish  and  game 
districts  five,  six,  seven,  eight  and  nine  in  such  quantities, 
at  such  times  and  in  such  manner,  as  is  provided  for  the 
taking  of  salmon  in  those  districts ;  nor  the  sale  of  such 
trout  within  the  state,  when  the  same  shall  be  offered  for 
sale  accv^rding  to  regulations  to  be  prescribed  by  the  fish 
and  game  commission.  Any  person  violating  any  of  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor. 
Section  six  hundred  thirty-two  and  one-half  of  the  Penal 
Code  is  hereby  repealed.  [Amendment  approved  1915; 
Stats.  1915,  p.  716.] 

Legislation  §  632.     1.       Euaeted    February     14,     1872     (based     on 
Stats.   1862,  p.  94;   Stats.   1S67-G8,  p.  460;   Stats.   1869-70,   p.   G63), 


§  632  PENAL    CODE.  340 

as§§().'!l  (§Gr.2  boing  luuclv  l<.r;i|)  nnil  632,  both  of  thoso  original 
fodo  soctioiis  llion  roa<liiiji:  "(i;;i.  Iwon'-  person  wlio,  bci'vccii  the 
fifteenth  day  of  October  in  each  year  and  1  he  first  day  of  April 
in  the  following  year,  takes  or  catches  any  trout,  is  guilty  of  a 
misdemeanor.  ()32.  Every  person  who,  in  the  counties  of  Santa 
Clara,  Santa  Cruz,  San  Mateo,  Monterey,  Alameda,  Marin,  Placer, 
or  Nevada,  at  any  time  takes  or  catches  any  trout,  except  with 
hook   and   line,   is  guilty   of  a   misdemeanor." 

2.  §  632  amended  by  Code  Amdts.  1873-74,  p.  464,  the  series  of 
counties  then  being  "Santa  Clara,  Santa  Cruz,  San  Mateo,  Mon- 
terey,  Alameda,   Marin,   Placer,   Nevada,  Plumas,   or  Sierra." 

3.  §  632  amended  by  Code  Amdts.  1875-76,  p.  114,  the  series  of 
counties  then  being  "Santa  Clara,  Alpine,  Santa  Cruz,  Lake,  San 
Mateo,  Monterey,  Sonoma,  Tuolumne,  Alameda,  Marin,  Placer, 
Nevada,  Plumas,'  Sierra,  San  Luis  Obispo,  Solano,  Mariposa,  Men- 
docino, or  Napa." 

4.  §  632  amended  by  Stats.  1883,  p.  81,  to  read:  "632.  Every  per- 
son who,  in  the  state  of  California,  at  any  time,  takes  or  catches 
any  trout,  except  with  hook  and  line,  is  guilty  of  a  misdemeanor. 
Any  person  or  persons  who  shall,  at  any  time,  take,  procure,  or 
destroy  any  fish  of  any  kind  by  means  of  explosives,  is  guilty  of 
a  misdemeanor." 

5.  §632  amended  by  Stats.  1895,  p.  260,  to  read:  "632.  Every 
person  who,  in  the  state  of  California,  at  any  time  takes  or 
catches  any  trout,  except  with  hook  and  line,  is  guilty  of  a  misde- 
meanor." 

6.  §632  amended  by  Stats.  1897,  p.  20,  to  read:  "632.  Every  per- 
son who  buys,  sells,  offers  or  exposes  for  sale  any  kind  of  trout 
less  than  six  inches  in  length;  every  person  who  takes,  catches, 
kills,  buy,  sells,  exposes  or  offers  for  sale,  or  has  in  his  possession 
any  salmon-trout,  brook,  or  lake  trout,  or  any  variety  of  trout, 
except  steelhead  trout  (Salmo  gairdneri),  between  the  first  day  of 
December  and  the  first  day  of  April  of  the  following  year;  every 
person  who  buys,  sells,  offers  or  exposes  for  sale  any  steelhead 
trout  (Salmo  gairdneri),  between  the  first  day  of  February  and 
the  first  day  of  May  of  each  year;  every  person  who,  at  any  time, 
takes  or  catches  any  trout,  except  with  hook  and  line,  is  guilty  of 
a  misdemeanor;  provided,  however,  that  steelhead  trout  (Salmo 
gairdneri)  may  be  taken  in  tide-water,  between  the  first  day  of 
May  and  the  first  day  of  February  of  the  following  year,  with 
lawful  nets;  and  a  lawful  net  shall  be  a  net  that  when  placed  in 
the  water  is  unsecured  and  free  to  float  with  the  current  or  tide, 
and  the  meshes  of  which  are,  when  drawn  closely  together  and 
measured  inside  the  knot,  not  less  than  seven  and  one  half  inches 
in  length.  Every  person  found  guilty  of  any  violation  of  any 
of  the  provisions  of  this  section  shall  be  fined  in  a  sum  not  less 
than  twenty  dollars,  or  be  imprisoned  in  the  county  jail  in  the 
county  in  which  conviction  shall  be  had  not  less  than  ten  days,  or 
be  punished  by  both  such  fine  and  imprisonment:  and  all  fines 
imposed  and  collected  for  any  violation  of  any  of  the  provisions 
of  this  section  shall  be  paid  into  the  'fish  commission  fund.'  Noth- 
ing in  this  section  shall  prohibit  the  possession  at  any  time  of 
steelhead  trout  (Salmo  gairdneri)  when  taken  in  tide-water  with 
hook  and  line,  and  nothing  shall  prohibit  the  United  States  fish  com- 
mission and  the  fish  commission  of  this  state  from  taking,  at  all 
such  times  such  fish  as  they  deem  necessary  for  the  purpose  ,of 
artificial   hatching." 

7.  §  632  amended  by  Stats.  1901,  p.  55,  to  read:  "632.  Every  per- 
son who,  between  the  first  day  of  November  in   a,r_\   year  and  the 


34:1  PROTECTION    OF    TROUT.  §  632 

first  day  of  April  of  the  year  following,  buys,  sells,  takes,  catches, 
kills  or  has  in  his  possession,  any  variety  of  trout,  except  steel- 
head  trout  (Salmo  gairdneri),  or  who,  between  the  first  day  of 
February  and  the  first  day  of  April,  buys,  sells,  takes,  catches  or 
has  in  his  possession,  any  steelhead  trout  (Salmo  gairdneri),  or 
who,  between  the  first  day  of  November  and  the  first  day  of  April 
of  the  year  following,  takes,  kills,  or  catches,  any  steelhead  trout 
above  tide-water,  or  who,  at  any  time,  buys,  sells,  or  offers  for 
sale,  any  trout  of  less  than  one-half  pound  weight,  or  takes  or 
catches  anj^  trout  except  with  hook  and  line,  is  guilty  of  a  misde- 
meanor; provided,, however,  that  steelhead  trout  (Salmo  gairdneri) 
may  be  taken  in  tide-water  between  the  first  day  of  April  and  the 
first  day  of  February  of  the  following  year,  w^ith  lawful  nets,  and 
a  lawful  net  is  a  net  that  when  placed  in  the  water  is  unsecured 
and  free  to  drift  with  the  current,  or  tide,  and  the  meshes  of  which 
are,  when  drawn  closely  together  and  measured  inside  the  knot 
not  less  than  seven  and  one  half  inches  in  length.  Every  person 
found  guilty  of  any  violation  of  any  of  the  provisions  of  this  sec- 
tion must  be  fined  in  a  sum  not  less  than  twenty  dollars  or  be 
imprisoned  in  the  county  jail  in  the  count}',  not  less  than  ten  daj's, 
or  be  punished  by  both  such  fine  and  imprisonment,  and  all  fines 
collected  for  any  violation  of  any  of  the  provisions  of  this  section 
must  be  paid  into  the  'fish  commission  fund.'  Nothing  in  this  sec- 
tion prohibits  the  United  States  fish  commission  and  the  fish  com- 
mission of  this  state  from  taking,  at  all  times,  such  trout  as  they 
deem   necessary   for   the   purpose   of   propagatiou." 

8.  §  632  amended  by  Stats  1903,  p.  24  (1)  the  first  sentence  then 
reading:  "632.  Every  person  who,  between  the  first  day  of  Novem- 
ber in  any  year  and  the  first  day  of  April  of  the  year  following, 
buys,  sells,  takes,  catches,  kills,  or  has  in  his  possession,  any  vari- 
ety of  trout,  except  steelhead  trout  (Salmo  gairdneri);  or  who, 
between  the  first  day  of  February  and  the  first  day  of  April; 
or,  between  the  tenth  day  of  September  and  the  sixteenth  day 
of  October  of  each  year,  buys,  sells,  takes,  catches,  or  has  in  his 
possession  any  steelhead  trout  (Salmo  gairdneri) ;  or  who  between 
the  first  day  of  November  and  the  first  day  of  April  of  the 
year  following,  takes,  kills,  or  catches  any  steelhead  trout  above 
tide-water;  or  who,  at  any  time,  buys,  sells,  or  offers  for  sale, 
any  trout  of  less  than  one-half  pound  weight,  or  takes  or  catches 
any  trout  except  with  hook  and  line,  is  guilty  of  a  misdemeanor; 
provided,  however,  that  steelhead  trout  (Salmo  gairdneri)  may 
be  taken  in  tide-water  between  the  first  day  of  April  and  the 
tenth  day  of  September  of  each  year,  and  between  the  six- 
teenth day  of  October  and  first  day  of  February  of  the  following 
year,  with  lawful  nets;  and  a  lawful  net  is  a  net  that  when  placed 
in  the  water  is  unsecured  and  free  to  drift  with  the  current  or 
tide,  and  the  meshes  of  which  are,  when  drawn  closely  together 
and  measured  inside  the  knot,  not  less  than  seven  and  one  half 
inches   in   length";    (2)   the   second   sentence   reading  as   at   present 

(amendment  of  1907);  (3)  the  final  sentence  not  having,  at  the  end, 
the  words  "or  for  scientific  purposes"   (added  in  1905). 

9.  §  632  amended  b.y  Stats.  1905,  p.  188,  (1)  the  first  sentence 
then  reading,  "632.  Every  person  who,  between  the  first  day  of 
November  in  any  year  and  the  first  day  of  April  of  the  year  fol- 
lowing, buys,  sells,  takes,  catches,  kills,  or  has  in  his  possession, 
any  variety  of  trout,  except  steelhead  trout  (Salmo  gairdneri); 
or   who,   between    the    first    day    of    Februai-y    and    the    first    day    of 


§  G32  PENAL   CODE,  342 

April,  or  between  tlie  leiilli  day  ol'  Soj)! ember  and  the  sixteenth 
day  of  Oetol)er  of  each  year,  buys,  sells,  takes,  eatches,  kills  or 
has  ill  his  possession,  any  steelhead  trout  (Salmo  gairdneri) ; 
or  who  between  the  first  day  of  November  and  the  first  day  of 
April  of  the  year  followin}?,  takes,  kills,  or  eat(dics  any  steelhead 
trout  above  tide-water;  or  who,  at  any  time,  buys,  sells,  or  offers 
for  sale,  any  trout  of  less  than  one  pound  in  weight;  or  who,  at 
any  time,  takes,  catches  or  kills  any'  trout  except  with  hook  and 
line;  or  who,  at  any  time,  takes,  catches,  kills,  or  has  in  his  pos- 
session, during  any  one  calendar  day,  more  than  fifty  trout;  or 
who,  at  any  time,  takes,  catches,  kills,  or  hf^s  in  his  possession, 
during  any  one  calendar  day,  trout,  other  than  steelhead  trout,  the 
total  weight  of  which  exceeds  twenty-five  pounds,  is  guilty  of  a 
misdemeanor';  (2)  the  second  sentence  reading  as  at  present 
(amendment  of  1907);  (3)  adding  at  end  of  section  the  words 
"or  for  scientific   purposes." 

10.  Amended  by  Stats.  1907,  p.  302,  to  read:  "Every  person  who, 
between  the  fifteenth  day  of  November  in  any  year  and  the  first 
day  of  May  of  the  year  following,  buys,  sells,  takes,  catches,  kills, 
or  has  in  his  possession,  any  variety  of  whitefish  or  trout,  except 
steeliiead  trout;  or  who,  between  the  first  day  of  April,  nineteen 
hundred  and  seven,  and  the  first  day  of  May,  nineteen  hundred 
and  nine,  takes,  catches,  kills,  or  has  in  his  possession  any  variety 
of  golden  trout;  or  who  at  any  time  buys,  sells,  or  offers  for  sale 
any  trout  of  less  than  one  pound  in  weight;  or  who,  at  any  time 
takes,  catches  or  kills  any  trout,  except  with  hook  and  line;  or 
who,  at  any  time,  takes,  catches,  kills,  or  has  in  his  possession, 
during  any  one  calendar  day,  more  than  fifty  trout;  or  who  at  any 
time  takes  or  catches  any  trout,  steelhead  trout  or  salmon  of  less 
than  five  inches  in  length,  without  at  once  returning  the  same  to 
the  water  from  which  it  was  taken  or  caught;  or  who,  at  any  time, 
takes,  catches,  kills,  or  has  in  his  possession,  during  any  one  cal- 
endar day,  trout,  other  than  steelhead  trout,  the  total  weight  of 
which  exceeds  twenty-five  pounds,  is  guilty  of  a  misdemeanor. 
Every  person  found  guilty  of  any  violation  of  any  of  the  provi- 
sions of  this  section  must  he  fined  in  a  sum  not  less  than  twenty 
dollars  or  be  imprisoned  in  the  county  jail  in  the  county  in  which 
the  conviction  shall  be  had,  not  less  than  ten  days  or  be  punished 
by  both  such  fine  and  imprisonment;  and  all  fines  collected  for  any 
violation  of  any  of  the  provisions  of  this  section  must  be  paid 
into  the  state  treasury  to  the  credit  of  the  'fish  commission  fund.' 
Nothing  in  this  section  prohibits  the  United  States  fish  commission* 
and  the  fish  commission  of  this  state  from  taking  at  all  times  such 
trout  as  they  deem  necessary  for  purpose  of  propagation  or  for 
scientific   purposes." 

11.  Amended  by  Stats.  1911,  p.  31-i,  to  read:  "Every  person  who, 
between  the  first  day  of  November  in  any  year  and  the  first  day 
of  April  of  the  year  following,  buys,  sells,  takes,  catches,  kills,  or 
has  in  his  possession,  any  variety  of  trout,  except  steelhead  trout; 
or  who  at  any  time  buys,  sells,  or  offers  for  sale  any  trout  of  less 
than  one  pound  in  weight;  or  who,  at  any  time  takes,  eatches  or 
kills  any  trout,  except  with  hook  and  line;  or  who,  at  any  time, 
takes,  eatches,  kills,  or  has  in  his  possession,  during  any  one  cal- 
endar day,  more  than  fifty  trout;  or  who,  at  any  time,  takes, 
catches,  kills,  or  has  in  his  possession,  during  any  one  calendar 
day,  trout,  other  than  steelhead  trout,  the  total  weight  of  which 
exceeds   ten   pounds,  and    one   fish,  or  who   above   tide-water   during 


3-13  PROTECTION    OF    TROUT.  §  632 

any  one  calendar  day,  takes,  kills,  destroys  or  has  in  his  posses- 
sion more  than  fifty  steelhead  trout,  is  guilty  of  a  misdemeanor 
except  as  hereinafter  provided.  Provided,  that  in  game  district 
No.  3  any  person  vpho,  between  the  first  day  of  November  and  the 
first  day  of  May  of  the  following  year,  takes,  kills,  destroys,  or 
has  in  his  possession  any  trout  is  guilty  of  a  misdemeanor.  Every 
person  found  guilty  of  any  violation  of  any  of  the  provisions  of 
this  section  must  be  fined  in  a  sum  not  less  than  twenty  dollars 
or  be  imprisoned  in  the  count]-  jail  in  the  county  in  which  the 
conviction  shall  be  had,  not  less  than  ten  days  or  be  punished  by 
both  such  fine  and  imprisonment;  and  all  fines  collected  for  anj" 
violation  of  any  of  the  provisions  of  this  section  must  be  paid  into 
the  state  treasury  to  the  credit  of  the  fish  and  game  preservation 
fund.  Nothing  in  this  section  prohibits  the  United  States  fish  com- 
mission and  the  fish  and  game  commission  of  this  state  from 
taking  at  all  times  such  trout  as  they  deem  necessary  for  purposes 
of  propagation  or  for  scientific  purposes." 

12  Amended  by  Stats.  1913,  p.  1004,  to  read:  "§  632.  Every  perscm 
who,  at  any  time  buys,  sells,  offers  or  exposes  for  sale  any  trout  less 
than  twelve  inches  in  length,  every  person  who,  in  game  district 
1,  between  the  thirtieth  day  of  November  and  the  first  daj^  of  May 
of  the  year  following,  buys,  sells,  offers  for  sale,  takes,  catches, 
kills,  or  has  in  his  possession  any  variety  of  trout;  or  who  takes, 
catches,  kills,  or  has  in  bis  possession  during  any  one  calendar  day 
more  than  fifty  trout  or  ten  pounds  and  one  fish  or  one  fish  weighing 
ten  pounds  or  over,  or  who  takes,  catches,  kills  or  has  in  his  pos- 
session any  trout  taken,  except  with  hook  and  line,  and  in  the 
manner  commonly  known  as  angling;  provided,  further,  that  in 
game  district  2,  every  person  who,  between  the  thirty-first  day  of 
October  and  the  sixteenth  day  of  April  of  the  year  following,  buys, 
sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his  possession 
any  variety  of  trout  except  steelhead  trout,  or  who  takes,  catches, 
kills,  or  has  in  his  possession,  during  any  one  calendar  day  more 
than  fifty  trout  except  steelhead  trout  of  ten  pounds  and  one  fish 
or  one  tish  weighing  ten  pounds  or  over,  or  who  takes,  catches, 
kills,  or  has  in  his  possession  any  trout  other  than  steelhead  trout 
taken  except  with  hook  and  line  and  in  the  manner  commonly 
known  as  angling;  provided,  further,  that  in  game  districts  3  and 
7,  every  person  who,  between  the  thirt^'-first  day  of  October  and 
the  first  day  of  May  of  the  following  year,  buys,  sells,  offers  for 
sale,  takes,  catches,  kills,  or  has  in  his  possession,  any  variety  of 
trout,  or  who  at  any  time  takes,  catches,  kills,  or  has  in  his  pos- 
session during  any  one  calendar  day,  more  than  fifty  trout  other 
than  Salmo  mykiss  henshawii,  and  Salmo  tahoensis  (also  known 
as  Salmo  regalis)  both  species  being  known  as  Tahoe  trout,  or 
black  spotted  trout,  the  total  weight  of  which  exceeds  ten  pounds 
and  one  fish  or  one  fish  weighing  ten  pounds  or  over,  or  who  takes, 
catches,  kills,  or  has  ir  his  possession  any  trout  taken  except  with 
hook  and  line  and  in  the  manner  commonly  knov/n  as  angling; 
provided,  further,  that,  every  person  who,  between  the  thirty-first 
day  of  October  and  the  first  day  of  August  of  the  year  following, 
buys,  sells,  offers  for  sale,  takes,  catches,  kills,  or  has  in  his  pos- 
session any  trout  taken  within  three  hundred  feet  of  the  mouth 
of  any  stream  flowing  into  any  lake;  provided,  that  it  shall  be 
unlawful  to  take,  catch  or  Mil  trout  within  two  thousand  five 
hundred  feet  of  the  mouth  of  Blackwood  creek  or  Taylor  creek 
or  within  five  hundred  feet  of  the  mouth  of  any  other  stream  flow- 
ing into  Lake  Bigler  (Tahoe)  from  the  mouth  of  any  stream  in 
anv   direction  in   the   lake,   or  who   takes,   catches,   or   lulls,   or   has 


§  632a  PENAL  CODE.  344 

ill  liis  possession  any  trout  lalvcii  from  iiiiy  stroaiii  (lowiui;  into 
Lake  Biglor  (Tahoe)  two  niilfs  from  its  mouth  towanls  its  souri'O 
In'twccn  May  1st  aiul  Aujjust  1st;  jjiovidcil,  furtlicr,  that  it  shall 
Ik'  unlawful  to  st-ll  Salmo  mykiss  honsliawii,  iSalmo  talioonsis  (also 
known  as  the  Salmo  rcfjalis)  both  species  commonly  known  as  cut- 
throat trout,  Tahoe  trout,  or  black  spotted  trout,  of  not  less  than 
twelve  inches  in  length;  provided,  that  any  person  wlio  takes, 
catches,  kills,  buys,  sells,  offers  for  sale,  or  has  in  possession 
more  than  twenty  Salmo  mykiss  henshawii,  Salmo  tahoensis  (also 
known  as  Salmo  rej^alis)  both  species  known  as  Tahoe  trout,  cut- 
throat trout  or  black  spotted  trout,  in  any  one  calendar  day;  pro- 
vided, further, -that  in  ^anie  district  4  every  person  who,  between 
the  thirtieth  day  of  November  and  tlie  first  day  of  May  of  the 
year  following  buys,  sells,  takes,  catches,  kills,  or  has  in  his  pos- 
session any  variety  of  trout,  except  steelhead  trout;  or  who  at  any 
time,  takes,  catches,  kills,  buys,  sells,  offers  for  sale  or  has  in  his 
possession,  during  any  one  calendar  day  more  than  fifty  trout,  ex- 
cept steelhead  trout,  or  ten  pounds  and  one  fish  or  one  fish  weigh- 
ing ten  pounds  or  over,  or  who  takes,  catches,  kills,  or  has  in  his 
possession  any  trout  taken  except  with  hook  and  line  and  in  the 
manner  commonly  known  as  angling;  provided,  further,  that  in 
game  districts  5  and  6,  every  person  who.  between  the  thirty-first 
day  of  October  and  the  first  day  of  April  of  the  following  year, 
buys,  sells,  takes,  catches,  kills,  or  has  in  his  possession  any  variety 
of  trout  except  steelhead  trout,  or  who  at  any  time,  takes,  catches, 
or  kills,  any  trout  except  with  hook  and  line  in  the  manner  com- 
monly known  as  angling,  or  who  at  any  time,  takes,  catches,  or 
kills,  or  has  in  his  possession,  during  any  one  calendar  day,  more 
than  fifty  trout,  or  ten  pounds  and  one  fish  or  one  fish  weighing 
ten  pounds  or  over,  other  than  steelhead  trout,  is  guilty  of  a  mis- 
demeanor. The  violation  of  any  of  the  provisions  of  this  section 
is  hereby  declared  a  misdemeanor,  and  every  person  found  guilty 
of  any  violation  of  any  of  the  provisions  of  this  act,  must  be  fined 
in  a  sum  not  less  than  twenty-five  dollars,  nor  more  than  five  hun- 
dred dollars,  or  be  imprisoned  in  the  county  jail  in  tlie  county  in 
which  the  conviction  shall  be  had  not  less  than  ten  days  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment;  and  all 
fines  and  forfeitures  collected  for  any  violation  of  any  of  the  pro- 
visions of  this  section  must  be  paid  into  the  state  treasury  to  the 
credit  of  the  fish  and  game  preservation  fund.  It  shall  be  unlaw- 
ful for  any  person  to  take,  catch,  kill,  or  have  in  possession,  in 
any  district  in  this  state,  any  white  fish  during  the  time  it  is 
unlawful  to  catch,  kill,  or  have  in  possession  any  trout  in  such 
district.  Nothing  in  this  section  prohibits  the  fish  and  game  com- 
mission of  this  state  from  taking  at  all  times  such  trout  as  they 
deem  necessary  for  purposes  of  propagation  or  for  scientific 
purposes." 

13.  Amended  by  Stats.  1915,  p.  716. 

§6321/2.     Protection  of  steelhead  trout.     Penalty.     [Re- 
pealed 1915,  Stats.  1915,  p.  717.] 

Legislation  §  6321/2.     1.  Added   bv   Stats.   1907,   p.   303. 

2.  Amended  bv   Stats.   1909,   p.   520. 

3.  Amended   bv   Stats.   1911,   p.   314. 

4.  Amended  bv  Stats.  1913,  p.   lOOfi. 

5.  Repealed  by  Stats.  1915,  p.  717. 

§  632a.     Shipment    of    trout.     Penalty.     Disposition     of 
fines.     Every    railroad    company,    steamship    company,    ex- 


3-45     SHIPPING  TROUT.    SACRAMENTO  PERCH.    ROE  AS  BAIT,    §  632b 

press  company,  transportation  company,  transfer  company, 
and  every  other  person  who  ships,  or  receives  for  shipment, 
or  transportation,  from  any  one  person,  dnring  any  one 
calendar  day,  more  than  fifty  trout,  or  trout,  excepting 
steelhead  trout,  the  total  weight  of  which  exceeds  twenty- 
five  pounds,  or  w^ho  transports  any  trout,  in  any  quantity, 
unless  such  trout  are  at  all  times  in  open  view,  and  labeled 
with  the  name  and  residence  of  the  person  by  whom  they 
are  shipped,  is  guilty  of  a  misdemeanor,  and  is  punishable 
by  a  fine  of  not  less  than  twenty  dollars,  or  by  imprison- 
ment in  the  county  jail  in  the  county  in  wdiich  the  con- 
viction is  had,  not  less  than  ten  days,  or  by  both  such  fine 
and  imprisonment ;  and  all  fines  imposed  and  collected  for 
any  violation  of  any  of  the  provisions  of  this  section  shall  be 
paid  into  the  state  treasury  to  the  credit  of  the  "fish  com- 
mission fund." 

Legislation  §  632a.  Added  by  Stats.  1905,  p.  18S.  For  original 
§  (532a,  added  by  Stats.  1895.  and  repealed  in  1897,  see  post,  Legis- 
lation §  635,  amdt.  of  §  635  in  1895. 

§  632b.  Sacramento  perch.  Every  person  who,  at  any 
time,  prior  to  the  first  day  of  January,  one  thousand  nine 
hundred  and  eleven,  buys,  sells,  offers  for  sale,  takes, 
catches,  kills,  or  has  in  his  possession,  any  Sacramento  perch, 
is  guilty  of  a  misdemeanor  and  is  punishable  by  a  fine  of 
not  less  than  twenty  dollars  [n]or  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  in  the  county 
in  which  the  conviction  is  had,  not  less  than  twenty  days 
[n]or  more  than  one  hundred  and  fifty  days,  or  be  punished 
bj'  both  such  fine  and  imprisonment,  and  all  fines  collected 
for  any  violation  of  the  provisions  of  this  section  must  be 
paid  into  the  state  treasury  to  the  credit  of  the  "fish  com- 
mission fund." 

There  is  another  section  of  tliis  number.  See  next  section. 
Legislation  §  632b.  Added  by  Stats.  1907,  p.  304.  The  original 
§  632b,  added  by  Stats.  1895,  p.  261,  entitled  "Only  hook  and  line 
to  1)6  used  in  streams  where  United  States  hatchery  is  located," 
was  repealed  by  Stats.  1897.  p.  348,  the  subject-matter  of  the  sec- 
tion being  transferred  at  that  session  to  §  628.  Another  §  632b 
added  in  1909  was  repealed  in   1911.     See  Legislation  next  section. 

§  632b.     Salmon    or    steelhead    roe    as    bait    prohibited. 

Every  person  who  at  any  time  takes,  catches  or  kills  any 
steelhead  trout,  or  any  other  variety  of  trout,  by  using 
salmon  roe,  or  steelhead  roe  as  bait  in  any  of  the  waters  of 
this  state  other  than  salt  or  brackish  waters,  or  who  has 
in  his  possession,  any  steelhead  trout,  or  other  trout  that 
were  taken,  caught,  or  killed,  by  using  such  salmon  roe  or 


§  633  PENAL  CODE.  34G 

steelhead  I'oc  as  ))ait  in  said  waters,   is  guilty   of  a   niis- 
clemeanor. 

There  is  iinotlior  sect  ion  of  this  iiunilior.     See  prior  section. 

Legislation  §  632b.  Added  by  Stats.  1909,  p.  973.  Sec  supra  legis- 
lation §  (i321)  (the  otlier  section  of  this  number),  for  the  original 
§  632b. 

§  632b3.     Use  of  salmon  or  steelhead  roe  as  bait  pro- 
hibited.     [Kopenlod  1911  ;  Stats.  1911,  p.  319.] 
Sometinios  designated  as  632  (3). 
Legislation  §  632b3.     1.  Added  bv  Stats.  1909,  p.  973. 
2.  Repealed  by  Stats.   1911,  p.  319. 

§632(4).  Fishing-  through  ice.  Every  person  who  at 
any  time  fishes  through  the  ice  formed  on  any  of  the  waters 
of  this  state,  or  who  attempts,  in  any  manner  to  take,  catch, 
or  kill  any  fish  inhabiting  the  waters  beneath  such  ice,  is  guilty 
of  a  misdemeanor.  • 

Legislation  §  632   (1).     Added  by  Stats.  1911,  p.  74. 

§  633.  Protection  of  golden  trout.  Every  person  who, 
at  any  time  between  the  first  day  of  October  and  the  thirty- 
first  day  of  July  of  the  succeeding  year,  takes,  catches,  kills, 
destroys  or  has  in  his  possession,  any  variety  of  golden 
trout ;  or  who,  at  any  time,  takes,  catches,  kills,  or  destroys, 
any  variety  of  golden  trout,  other  than  with  hook  and  line ; 
or  who,  at  any  time,  takes,  catches,  kills,  or  destroys,  or 
has  in  his  possession,  during  one  calendar  day,  more  than 
twenty  golden  trout  or  has  in  his  possession  any  variety  of 
golden  trout  of  less  than  five  inches  in  length,  is  guilty  of 
a  misdemeanor.  Every  person  found  guilty  of  any  viola- 
tion of  any  of  the  provisions  of  this  section  must  be  fined 
in  a  sum  not  less  than  twenty  dollars  or  be  imprisoned  in 
the  county  jail,  in  the  county  in  which  the  conviction  shall 
be  had,  not  less  than  ten  days,  or  be  punished  by  both  such 
fine  and  imprisonment,  and  all  fines  collected  for  any  viola- 
tion of  any  of  the  provisions  of  this  section  must  be  paid 
into  the  state  treasury  to  the  credit  of  the  fish  commission 
fund.  Nothing  in  this  section  shall  prohibit  the  United 
States  fish  commission  and  the  fish  commission  of  this  state 
from  taking  at  all  times  such  golden  trout  as  they  deem 
necessary  for  the  purpose  of  propagation  or  for  scientific 
purposes.  [Amendment  approved  1915;  Stats.  1915,  p.  56.] 
Legislation  §  633.  1.  Enacted  February  14,  1872  (see  ante, 
Legrislation  §  631,  on  subject  of  nets,  etc.,  and  post.  Legislation 
§636,  on  same  sub.iect),  and  then  read:  "633.  Every  person  who 
takes,  catches,  or  kills  any  trout  by  the  use  of  nets,  weirs,  baskets, 
or  traps,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1877-78,  p.  120  (the  legislature  at 
this   session   transferring   the   subject   of   nets,   etc.,   to  §  636,   q.    v.. 


347  PROTECTION    OF   SALMON   AND   STEELHEAD   TROUT.      §  634 

post),  changing  the  section  to  read:  "633.  Every  person  who  takes, 
catches,  or  kills  any  speckled  trout,  brook,  or  salmon  trout,  or  any 
variety  of  trout,  between  the  first  day  of  November  and  the  first 
day  of   April   in   the   following  year,  is  guilty   of   a  misdemeanor." 

3.  Amended  by  Stats.  1891,  p.  110,  to  read:  "fjSS.  Every  person 
who  takes,  catches,  or  kills,  or  exposes  for  sale,  or  has  in  his 
possession,  any  specified  trout,  brook  or  salmon  trout,  or  any  vari- 
ety of  trout,  between  the  first  day  of  November  and  the  first  day 
of  April  in  the  following  year,  except  salmon  trout  taken  with 
rod  and  line  in  tide-water,  is  guilty  of  a  misdemeanor." 

4.  Amended  by  Stats.  1895,  p.  261,  to  read:  "633.  Every  person 
who  takes,  catches,  or  kills,  or  exposes  for  sale,  or  has  in  his  posses- 
sion any  speckled  trout,  brook  or  salmon  trout,  or  any  variety  of 
trout,  between  the  first  day  of  November  and  the  first  day  of  April 
in  the  following  year,  is  guilty  of  a  misdemeanor;  provided,  however, 
that  steelhead  trout  may  be  possessed  at  any  time,  when  taken  with 
rod  and  line  in  tide-water.  Every  person  who  buys  or  sells  or 
offers  or  exposes  for  sale,  within  this  state,  any  kind  of  trout  less 
than   six  inches  in  length,  is  guilty   of  a  misdemeanor." 

5.  Eepealed  by  Stats.  1897,  p.   348. 

6.  Added  as  a  new  section  by  Stat-s.  1909,  p.  330,  and  then  read: 
"Every  person,  who  at  any  time  between  the  first  day  of  Septem- 
ber and  the  first  day  of  .June  of  the  succeeding  year,  takes, 
catches,  kills,  destroys,  or  has  in  his  possession,  any  variety  of 
golden  trout,  or  who,  at  any  time,  takes,  catches,  kills  or  destroys 
any  variety  of  golden  trout  other  than  with  hook  and  line;  or 
who,  at  any  time,  takes,  catches,  kills,  or  destroys,  or  has  in  his 
possession  during  one  calendar  day  more  than  twenty  golden 
trout,  or  has  in  his  possession  any  variety  of  golden  trout  of  less 
than  five  inches  in  length,  is  guilty  of  a  misdemeanor.  Every  per- 
son found  guilty  of  any  violation  of  any  of  the  provisions  of  this 
section  must  be  fined  in  a  sum  not  less  than  twenty  dollars  or  be 
imprisoned  in  the  county  jail  in  the  county  in  which  the  conviction 
shall  be  had,  not  less  than  ten  days  or  be  punished  by  both  such 
fine  and  imprisonment,  and  all  fines  collected  for  any  violation  of 
any  of  the  provisions  of  this  section  must  be  j^aid  into  the  state 
treasury  to  4:he  credit  of  the  fish  commission  fund.  Nothing  in 
this  section  shall  prohibit  the  United  States  fish  commission  and 
the  fish  commission  of  this  state  from  taking  at  all  times  such 
golden  trout  as  they  deem  necessary  for  the  purpose  of  propaga- 
tion  or  for  scientific   purposes." 

7.  Amended  by  Stats.  1915,  p.  56. 

§  634.  Protection  of  salmon.  Quinnat  salmon.  Steel- 
head  trout.  Salmon  defined.  Penalty.  Sec.  1.  Every  per- 
son, who,  between  the  twenty-fifth  day  of  September  and 
the  fourteenth  day  of  November,  inclusive  of  any  year,  ex- 
cept with  spear  or  hook  and  line,  said  hook  and  line  to  be 
used  in  the  manner  commonly  known  as  "angling,"  takes, 
catches  or  kills  any  salmon ;  and  any  person,  who,  betAveen 
the  twenty-fifth  day  of  September  and  the  fourteenth  day 
of  November,  inclusive,  of  any  year,  takes,  catches,  kills  or 
has  in  his  possession,  more  than  three  fresh  salmon  in  any 
one  calendar  day ;  or  any  person  who  takes  any  salmon  with 
any  net,  any  of  the  meshes  of  which  are,  when  drawn 
closely  together  and  measured  inside  the  knots,  less  than 


5<  niU  PKNAL    CODE.  348 

live  jiikI  oiio-liaU'  iii('li(>s  in  Icii^lli,  is  <jtuilty  of  ;i  inisdo- 
iiionnor;  every  pei'soii  who  buys,  soils,  offers  or  exposes  for 
sale  any  fresh  salmon  between  the  twenty-fifth  day  of  Sep- 
tember and  the  fourteenth  day  of  Novembei-,  inclusive,  of 
any  year,  is  guilty  of  a  misdemeanor;  provided,  that  every 
person  who,  in  fish  and  game  district  twelve  a  between  the 
fifteenth  day  of  May  and  the  thirty-first  day  of  December, 
inclusive,  of  any  year,  takes,  catches  or  kills  any  salmon 
except  with  spear  or  hook  and  line,  said  hook  and  line  to 
be  used  in  the  manner  commonly  known  as  "angling,"  is 
guilty  of  a  misdemeanor;  provided,  further,  that  any  per- 
son who,  in  fish  and  game  district  five,  at  any  time  between 
the  first  day  of  December  and  the  thirtieth  day  of  Sep- 
tember, inclusive,  of  the  year  following,  except  with  spear 
or  hook  and  line,  said  hook  and  line  to  be  used  in  the 
manner  commonly  known  as  "angling,"  takes,  catches  or 
kills  any  salmon ;  and  every  person  in  fish  and  game  dis- 
trict five,  Avho,  between  the  first  day  of  December  and  the 
thirtieth  day  of  September,  inclusive,  of  the  year  follow'- 
ing,  takes  any  salmon  with  any  net,  any  of  the  meshes  of 
which  are,  when  drawn  closely  together  and  measured  in- 
side the  knots,  less  than  six  and  one-half  inches  in  length 
is  guilty  of  a  misdemeanor ;  provided,  further,  that  every 
person  who,  in  fish  and  game  districts  seven,  eight  and  nine, 
at  any  time  between  the  eighth  day  of  December  and  the 
sixth  day  of  October,  inclusive,  of  the  year  following,  ex- 
cept with  spear  or  hook  and  line,  said  hook  and  line  to  be 
used  in  the  manner  commonl}^  known  as  "angling,"  takes, 
catches  or  kills  any  salmon,  is  guilty  of  a  misdemeanor, 
and  every  person  who,  in  fish  and  game  districts  seven, 
eight  and  nine,  takes  any  salmon  with  any  net,  any  of  the 
meshes  of  wdiich  are,  when  drawn  closely  together  and 
measured  inside  the  knots,  less  than  six  and  one-half  inches 
in  length,  is  guilty  of  a  misdemeanor ;  provided,  further, 
that  every  person  who,  in  fish  and  game  district  six,  be- 
tween the  first  day  of  November  and  the  fourteenth  day  of 
June,  inclusive,  of  the  year  following,  and  between  the  sixth 
day  of  September  and  the  nineteenth  day  of  September, 
inclusive,  of  any  year,  except  with  spear  or  hook  and  line, 
said  hook  and  line  to  be  used  in  the  manner  commonly 
known  as  "angling,"  takes,  catches,  or  kills  any  salmon,  or 
who  uses  any  net  for  the  purpose  of  taking  salmon,  any  of 
the  meshes  of  w^hich  are,  when  drawn  closely  together  and 
measured  inside  the  knots,  less  than  six  and  one-half  inches 
in  length ;  or  who,  in  fish  and  game  district  six,  uses  any  net 
for  the  purpose  of  catching  salmon  or  steelhead,  in  the  day- 
time, between  the  hours  of  six  A.  M.  and  seven  thirty  P.  M., 


^•49  PROTECTION    OF    SALMON    AND    STEELHEAD   TROUT.       §  634 

between  the  first  day  of  August  and  the  fifth  day  of  Sep- 
tember, inclusive,  of  any  year,  is  guilty  of  a  misdemeanor; 
provided,  further,  that  every  person  who,  in  fish  and  game 
district  fifteen,  from  the  first  day  of  September  to  the  four- 
teenth day  of  April,  inclusive,  of  the  year  following,  takes 
or  kills  any  salmon  in  any  manner,  is  guilty  of  a  misde- 
meanor ;  provided,  further,  that  nothing  in  this  section  shall 
prohibit  the  possession,  purchase,  sale  or  shipment  of  any 
salmon  lawfully  taken  in  the  waters  of  this  state  or  of  any 
Dolly  Varden  trout  taken  without  the  state,  or  of  any  sal- 
mon, other  than  Quinnat  salmon,  taken  without  the  state, 
when  the  same  shall  be  accompanied  by  an  invoice  in  dupli- 
cate showing  the  name  and  address  of  the  consignor  and 
consignee  and  bearing,  after  inspection,  such  evidence  of 
having  been  so  caught  or  taken  as  shall  be  required  by  the 
fish  and  game  commission ;  and  the  cost  of  such  inspection 
and  marking  must  be  paid  b}^  the  person  or  persons  sub- 
mitting such  salmon  or  Dolly  Varden  trout  for  inspection 
and  marking. 

Sec.  2.  Every  jperson  who  buys,  sells,  or  offers  for  sale, 
any  Quinnat  salmon  of  less  than  five  pounds  in  weight ; 
every  person  Avho  shall  cast,  extend  or  draw,  or  assist  in 
casting,  extending  or  drawing,  any  net  or  seine  for  the  pur- 
pose of  taking  or  catching  any  salmon,  at  any  time  during 
the  closed  seasons,  as  i^rovided  in  this  act,  or  at  any  time 
between  sunrise  of  Saturday  and  sunset  of  the  following 
Sunday,  in  the  Avaters  of  this  state,  is  guilty  of  a  misde- 
meanor. 

Sec.  3.  Nothing  in  this  section  shall  prohibit  the  taking  of 
steelhcad  trout  in  districts  five,  six,  seven,  eight  and  nine  at 
such  times  and  in  such  manner  as  is  allowed  for  the  taking 
of  salmon  by  this  act.  Nothing  in  this  section  shall  pre- 
vent the  United  States  bureau  of  fisheries,  or  the  fish  and 
game  commission  of  this  state,  from  taking  at  all  times  and 
in  any  manner  such  fish  as  they  may  deem  necessary  for 
the  purpose  of  artificial  hatching. 

Sec.  4.  For  the  purpose  of  this  act  and  all  acts  relating 
thereto,  a  salmon  is  any  fish  of  the  salmon  family  belong- 
ing to  the  genus  Oncorhynchus,  and  a  steelhead  is  the  trout 
variously  known  as  steelhead  salmon,  salmon  trout,  Salmo 
gairdneri  or  Salmo  rivularis. 

Sec.  5.  Any  violation  of  any  of  the  provisions  of  this 
section  shall  be  punishable  by  a  fine  of  not  less  than  one 
hundred  dollars,  nor  more  than  five  hundred  dollars,  or  b}^ 
imprisonment  in  the  county  jail,  in  the  county  in  which  the 
conviction  shall  be  had,  of  not  less  than  fifty  days ,  nor  more 
than  six  months,  or  by  both  such  fine  and  imprisonment; 


§  634  PENAL   CODE.  '  350 

and  all  fines  and  forfoitures  imposed  and  collected  for  any 
violation  oi"  any  of  the  provisions  of  this  section  shall  be  paid 
into  the  state  treasury,  to  the  credit  of  the  fish  and  f?ame 
preservation  fund.  [Amendment  approved  1915;  Stats. 
1915,  p.  717.] 

Legislation  §  634.  1.  Enacted  February  14,  1872,  and  then  read: 
"Every  ])ersou  who.  between  the  first  day  of  June  and  the  first 
day  of  September  in  each  year,  takes  or  catches  any  salmon,  is 
guilty  of  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  465,  to  read:  "Every 
person  who,  between  the  first 'day  of  August  and  the  first  day  of 
November  in  each  year,  takes  or  catches  any  salmon,  is  guilty 
of  a  misdemeanor;  the  ])ossession  of  any  salmon  during  said  period 
shall  be  prima  facie  evidence  of  a  violation  of  this  section.  Any 
person  catching,  or  having  in  possession,  or  offering  for  sale,  shad, 
within  tliree  years  from  the  passage  of  this  act,  shall  be  guilty  of 
a   misdemeanor." 

3.  Amended  by  Code  Amdts.  1875-76,  p.  lU,  to  read:  "Every 
person  who,  between  the  first  day  of  August  and  the  first  day  of 
November  in  each  year,  takes,  or  catches,  buys,  sells,  or  has  in 
his  possession  any  fresh  salmon,  is  guilty  of  a  misdemeanor.  Any 
person  catcliing,  or  having  in  possession,  or  offering  for  sale  shad, 
at  any  time  prior  to  the  first  Monday  of  December,  A.  D.  eighteen 
hundred  and  seventy-seven,  is  guilty  of  a  misdemeanor.  The  follow- 
ing counties  are  exempted  from  the  provisions  of  the  first  section 
of  this  bill:  Del  Norte,  Humboldt,  Shasta,  and  Mendocino." 

4.  Amended  by  Code  Amdts.  1877-78,  p.  120,  to  read:  "Every 
person  who,  between  the  first  day  of  August  and  the  fifteenth  day 
of  September  of  each  year,  takes  or  catches,  buys,  sells,  or  has  in 
his  possession,  any  fresh  salmon,  is  guilty  of  a  misdemeanor. 
Every  person  who  shall  set  or  draw,  or  shall  assist  in  setting  or 
drawing,  any  net  or  seine,  for  the  purpose  of  taking  or  catching 
salmon,  in  any  of  the  waters  of  this  state,  at  any  time  between  sun- 
rise of  each  Saturday  and  twelve  o'clock  noon  of  the  following 
Sunday,  is  guilty  of  a  misdemeanor.  Every  person  who,  between 
the  first  day  of  April  and  the  thirty-first  day  of  December  in  each 
year,  takes  or  catches,  buys,  sells,  or  has  in  his  possession,  any  fresh 
shad,  is  guilty  of  a  misdemeanor.  Nothing  in  this  chapter  shall  be 
so  construed  as  to  prohibit  any  person  from  catching  fish  with  hook 
and  line,  at  any  time,  in  the  tide-waters  of  this  state." 

5.  Amended  by  Stats.  1881,  p.  13,  to  read:  "Every  person  who, 
between  the  thirty-first  day  of  July,  and  the  first  day  of  Septem- 
ber of  each  year,  takes,  or  catches,  buys,  sells,  or  has  in  his  posses- 
sion any  fresh  salmon,  is  guilty  of  a  misdemeanor.  Every  person 
who  shall  set  or  draw,  or  assist  in  setting  or  drawing  any  net  or 
seine  for  the  purpose  of  taking  or  catching  salmon  in  any  of 
the  waters  of  this  state,  at  any  time  between  sunrise  of  each 
Saturday  and  twelve  o'clock  noon  of  the  following  Sunday,  is  guilty 
of  a  misdemeanor.  Every  person  who,  between  the  first  day  of 
April  and  the  thirty-first  day  of  December  in  each  year,  takes  or 
catches,  buys  or  sells,  or  has  in  his  possession  any  fresh  shad,  is 
guilty  of  a  misdemeanor.  Nothing  in  this  section  shall  be  so  con- 
strued 'as  to  prohibit  any  person  from  catching  fish  with  hook  and 
line,  at  any  time,  in  the  tide-waters  of  the  state." 

6.  Amended  by  Stats.  1883,  p.  81,  to  read:  "Every  person  who, 
between  the  thirty-first  day  of  July  and  the  first  day  of  September 
of  each  year,  takes  or  catches,  buys,  sells,  or  has  in  his  possession 
any  fresh  salmon,  is  guilty  of  a  misdemeanor.     Every  person  who 


351  PROTECTION    OF    SALMON    AND   STEELHEAD   TROUT.       §  634 

shall  set  or  draw,  or  assist  in  setting  or  drawing,  any  net  or  seine 
for  the  purpose  of  taking  or  catching  salmon  or  shad  in  any  of  the 
public  waters  of  this  state,  at  any  time  between  sunrise  of  each 
Saturday  and  twelve  o'clock  noon  of  the  following  Sunday,  is  guilty 
of  a  misdemeanor.  Every  person  who  shall,  for  the  purpose  of 
catching  salmon  or  shad  in  any  of  the  navigable  rivers,  streams,  or 
sloughs  of  this  state,  fish  with  or  use  any  seine,  or  net,  the  meshes 
of  which  are,  when  drawn  close  together  and  measured  longitudi- 
nally, less  than  seven  and  one  half  inches  in  length,  is  guilty  of  a 
misdemeanor." 

7.  Amended  by  Stats.  1885,  p.  99,  to  read:  "Every  person  who, 
between  the  thirty-first  day  of  August  and  the  first  day  of  October 
of  each  year,  takes  or  catches,  buys,  sells,  or  has  in  his  possession, 
any  fresh  salmon,  is  guilty  of  a  misdemeanor.  Every  person  who 
shall  set  or  draw,  or  assist  in  setting  or  drawing,  any  net  or  seine 
for  the  purpose  of  taking  or  catching  salmon  or  shad  in  any  of  the 
public  waters  of  this  state,  at  any  time  between  sunrise  of  each 
Saturday  and  sunset  of  the  following  Sunday,  is  guilty  of  a  misde- 
meanor. Every  person  who  shall,  for  the  purpose  of  catching  shad 
or  salmon,  in  any  public  waters  of  this  state,  fish  with  or  use  any 
seine  or  net,  the  meshes,  when  drawn  closely  together  and  measured, 
inside  the  knot,  less  than  seven  and  one-half  inches  in  length,  is 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined  not 
less  than  one  hundred  dollars,  or  in  default,  not  less  than  one  hun- 
dred days  in  the  county  jail.  One  half  of  all  moneys  collected  for 
fines  for  violation  of  the  provisions  of  this  chapter,  shall  be  paid 
to  the  informer,  one  quarter  to  the  district  attorney  of  the  county 
in  which  the  action  is  tried,  and  one  quarter  shall  Ije  paid  into  the 
fish  commission  fund;  all  other  costs  shall  be  charged  and  collected 
from  the  county  in  which  the  action  is  prosecuted.  Nothing  in  this 
chapter  shall  prohibit  the  United  States  fish  commissioners,  or  the 
fish  commissioners  of  this  state,  from  taking  such  fish  as  they  deem 
necessary  for  the  purpose  of  artificial  hatching  at  all  times." 

8.  Amended  by  Stats.  1895,  p.  261,  to  read:  "Every  person  who, 
between  the  thirty-first  day  of  August  and  the  first  day  of  Novem- 
ber of  each  year,  takes  or  catches,  buys,  sells,  offers  or  exposes  for 
sale,  or  has  in  his  possession  any  fresh  salmon,  is  guilty  of  a  misde- 
meanor. Every  person  who  shall  set  or  draw,  or  assist  in  setting  or 
drawing,  any  net  or  seine  for  the  purpose  of  taking  or  catching 
salmon,  shad,  or  striped  bass  in  any  of  the  public  waters  of  this 
state,  at  any  time  between  sunrise  of  each  Saturday  and  sunset  of 
the  following  Sunday,  is  guilty  of  a  misdemeanor.  Every  person 
who  shall,  for  the  purpose  of  catching  shad,  salmon,  or  striped  bass 
in  any  of  the  public  waters  of  this  state,  fish  with  or  use  any  seine 
or  net,  drag-net  or  paranzella,  the  meshes  of  which  are,  when  drawn 
closely  together  and  measured  inside  the  knot,  less  than  seven  and 
one-half  inches  in  length,  is  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  one  hundred  dollars,  or  in 
default  not  less  than  one  hundred  days  in  the  count}'  jail.  All 
moneys  collected  for  fines  for  the  violation  of  any  of  the  provisions 
of  this  chapter  shall  be  paid  into  the  general  fund  of  the  county  in 
which  the  conviction  is  had." 

9.  Amended  by  Stats.  1897,  p.  20,  to  read:  "Every  person  who, 
betwt-en  the  tenth  day  of  September  and  the  sixteenth  day  of  Octo- 
ber of  each  year,  takes  or  catches,  buys,  sells,  offers  or  exposes  for 
sale,  or  has  in  his  possession  any  fresh  salmon;  every  person  who, 
between  the  fifteenth  day  of  October  and  the  fifteenth  day  of 
November  of  each  year,  takes  or  catches  any  salmon  above  tide- 
water; every  person  who  shall  set  or  draw,  or  assist  in  setting  or 


§  634:  PENAL    CODE.  352 

drawing,  any  net  or  seine  for  the  purpose  of  takiiij^  or  catching 
salmon,  shad,  striped  bass,  or  sturgeon,  in  any  of  the  waters  of  the 
state,  at  any  time  between  sunrise  of  each  Saturday  and  sunset  of 
the  following  Sunday;  every  person  who,  for  the  purpose  of  catch- 
ing salmon,  shad,  striped  bass,  or  sturgeon,  in  any  of  the  waters  of 
the  state,  fish  with  or  use  any  seine  or  net,  drag-net,  or  paranzella, 
the  meshes  of  which  are,  when  drawn  closely  togetlier  and  measured 
inside  tlie  knot,  less  than  seven  and  one-half  inches  in  length,  is 
guilty  of  a  misdemeanor,  and  is  punishable  hy  a  fine  not  less  tlian 
two  hundred  dollars,  or  by  imprisonment  in  the  county  jail  in  which 
the  conviction  shall  be  had,  not  less  than  one  hundred  and  fifty 
days,  or  by  both  such  fine  and  imprisonment,  and  all  the  fines  im- 
posed and  collected  for  any  violations  of  the  jirovisions  of  this 
section  shall  be  paid  into  the  'fish  commission  fund.'  In  the  con- 
struction and  meaning  of  this  section,  the  limits  of  tide-water  in 
the  Sacramento  River  shall  be  deemed  to  extend  from  its  mouth  to 
the  city  of  Sacramento;  in  the  San  Joaquin  Eiver,  from  its  mouth 
to  the  Southern  Pacific  railroad  bridge,  near  Lathrop,  in  San  Joa- 
rpiin  County;  in  Eel  River,  in  Humboldt  County,  from  its  mouth  to 
East  Ferry,  above  the  town  of  Furtuna;  in  the  Klamath  River,  to  a 
point  on  the  river  north  of  the  residence  of  James  McGarvey;  in 
Smith  River,  in  Del  Norte  County,  from  its  mouth  to  lliggins  Ferry. 
Nothing  in  this  section  shall  prohibit  the  United  States  fish  com- 
mission and  the  fish  commission  of  this  state,  from  taking,  at  all 
times,  such  fish  as  they  deem  necessary  for  the  purposes  of  artificial 
hatching.  It  shall  be  no  defense  in  a  prosecution  for  the  violation 
of  any  of  the  provisions  of  this  section  that  the  fish  were  caught  or 
taken  outside  or  within  this  state." 

10.  Amended  by  Stats.  1907,  p.  304,  to  read:   "Every  person  who 
between   the   seventeenth   day   of   September   and   the   twenty-third 
day   of   October   of   each   year,   takes,   catches   or   kills,   buys,   sells, 
offers  or  exposes  for  sale,  or  has  in  his  possession  any  fresh  salmon; 
every   person   who,   between   the   twenty-third   day   of   October   and 
the  fifteenth  day  of  November  of  each  year,  takes  or  catches  any 
salmon   above   tide-water;   every   person  who   shall  set  or   draw,   or 
assist   in  setting  or   drawing,   any   net   or  seine  for  the  purpose  of 
taking    or    catching    salmon,    shad    or    striped   bass,   in    any    of   the 
waters  of  this  state,  at  any  time  between  sunrise  of  each  Saturday 
and  sunset  of  the  following  Sunday;  every  person  who,  for  the  pur- 
pose of  catching  salmon,  shad  or  striped  bass,  in  any  of  the  waters 
of  this  state,  fishes  with  or  uses  any  seine  or  net,  drag-net,  or  paran- 
zella,  the   meshes   of  which   are,   when   drawn   closely   together  and 
measured   inside   the   knot,  less   than   seven   and   one-half   inches   in 
length,  is'  guilty  of  a  misdemeanor,  and  is  punishable  by  a  fine  not 
less   than   two   hundred   dollars,   or  by   imprisonment  in   the   county 
jail  in  the  county  in  which  the  conviction  shall  be  had,  not  less  than 
one  hundred  and  fifty  days,  or  by  both  such  fine  and  imprisonment, 
and  all  fines  imposed  and  collected  for  any  violations  of  the  provi- 
sions of  this  section  shall  be  paid  into  the  'fish  commission  fund.'     In 
the  construction  and  meaning  of  this  section,  the  limits  of  tide-water 
in  the  Sacramento  River  shall  be  deemed  to  extend  from  its  mouth 
to  the  city  of  Sacramento;  in  the  San  Joaquin  Eiver,  from  its  mouth 
to  the  Southern  Pacific  railroad  bridge  near  Lathrop,  in  San  Joaquin 
County;  in  Eel  River,  in  Humboldt  County,  from  its  mouth  to  East 
Ferry,  above  the  town  of  Fortuua;  in  the  Klamath  River,  to  a  point 
on  the  river  north  of  the  residence  of  James  McGarvey;   in  Smith 
River,    in    Del    Norte    (:;ouuty,    from    its    mouth    to    Higgius    Ferry. 
Nothino-  in  this  section   shall  prohibit  the  United  States  fish   com- 
mission and  the  fish  commission  of   this  state,  from  taking,  at  all 


353  PROTECTION    OF    SALMOxN    AND    STEELHEAD   TROUT.       §  634 

times,  such  fish  as  they  deem  necessary  for  the  purpose  of  artificial 
hatching.  It  shall  be  no  defense  in  a  prosecution  for  the  violations 
of  any  of  the  provisions  of  this  section  that  the  fish  were  caught  or 
taken  outside  or  within  this  state." 

11.  Amended  by  Stats.  1909,  p.  521,  to  read:  "Every  person  who, 
between  the  seventeenth  day  of  September  and  the  twenty-third 
day  of  October  of  each  year,  takes,  catches,  or  kills,  buys,  sells, 
offers  or  exposes  for  sale,  or  has  in  his  possession,  any  fresh  salmon; 
every  person  who,  between  the  twenty-third  day  of  October  and 
the  fifteenth  day  of  November  of  each  year,  takes,  catches,  or  kills 
any  salmon  above  tide-water;  every  person  who  shall  cast,  extend 
or  draw,  or  assist  in  easting,  extending  or  drawing  any  net  or  seine 
for  the  purpose  of  taking  or  catching  salmon,  shad  or  striped  bass, 
in  any  of  the  waters  of  this  state,  at  any  time  between  sunrise  of 
each  Saturday  and  sunset  of  the  following  Sunday;  every  person 
who,  for  the  purpose  of  catching  salmon,  in  any  of  the  waters  of 
this  state,  fishes  with  or  uses  any  seine  or  net,  drag-net,  or  paran- 
zella,  any  of  the  meshes  of  which  are,  when  drawn  closely  together 
and  measured  inside  the  knot,  less  than  six  and  one-half  inches,  in 
length;  every  person  who,  for  the  purpose  of  catching  shad  or 
striped  bass  in  any  of  the  waters  of  the  state,  fishes  with  or  uses 
any  seine  or  net,  drag-net,  or  paranzella,  any  of  the  meshes  of  which 
are,  when  drawn  closely  together  and  measured  inside  the  knot,  less 
than  five  and  one-half  inches  in  length,  is  guilty  of  a  misdemeanor, 
and  is  punishable  by  a  fine  of  not  less  than  two  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  in  the  county  in  which  the  con- 
viction shall  be  had,  not  less  than  one  hundred  and  fifty  days,  or  by 
both  such  fine  and  imprisonment,  and  all  fines  imposed  and  collected 
for  any  violations  of  the  provisions  of  this  section  shall  be  paid  into 
the  fish  commission  fund.  In  the  construction  and  meaning  of  this 
section,  the  limits  of  tide-water,  in  the  Sacramento  river  shall  be 
deemed  to  extend  from  its  mouth  to  the  city  of  Sacramento;  in  the 
San  .Joaquin  river,  from  its  mouth  to  the  Southern  Pacific  railroad 
bridge  near  Lathrop,  in  San  -Toaquin  county;  in  Eel  river  in  Hum- 
boldt County,  from  its  mouth  to  east  boundary  line  of  township 
three  (3)  north  range  two  (2)  west  Humboldt  meridian;  in  the 
Klamath  river,  to  a  point  on  the  river  north  of  the  residence  of 
James  McGarvey;  in  Smith  river,  in  Del  Norte  county,  from  its 
mouth  to  Higgins  Ferry.  Nothing  in  this  section  shall  prohibit  the 
United  States  fish  commission  and  the  fish  commission  of  this  state 
from  taking  at  all  times,  such  fish  as  they  deem  necessary  for  the 
purpose  of  artificial  hatching." 

12.  Amended  by  Stats.  1911,  p.  50-3,  to  read:  "Every  person  who. 
between  the  seventeenth  day  of  September  and  the  twenty-third 
day  of  October  of  each  year,  takes,  catches,  or  kills,  buys,  sells, 
offers  or  exposes  for  sale,  or  has  in  his  possession  any  fresh  salmon ; 
every  person  who,  except  with  spoon  and  hook  and  line,  between 
the  twenty-third  day  of  October  and  the  fifteenth  day  of  November 
of  each  year,  takes,  catches,  or  kills  any  salmon,  shad  or  striped 
bass  above  tide  water;  every  person  who,  between  the  twenty-third 
day  of  October  and  the  fifteenth  daj'  of  November  of  each  j^ear, 
takes;  catches  or  kills,  above  tide-water,  or,  who  has  in  his  posses- 
sion taken  abo^•e  tide-water,  more  than  one  salmon,  during  any  one 
calendar  day;  every  person  who  shall  cast,  extend  or  draw,  or 
assist  in  casting  extending  or  drawing  any  net  or  seine  for  the 
purpose  of  taking  or  catching  salmon,  shad  or  striped  bass,  in  any 
of  the  waters  of  this  state,  at  any  time  between  sunrise  of  each 
Saturday  and  sunset  of  the  following  Sunday;  every  person  who 
Pen.  Code — 23 


§  634  PENAL   CODE.  354 

eatclios  salmon,  in  any  of  (lie  waters  of  tliis  state,  with  any  seine, 
or  net,  drag-net,  or  jiaranzella,  any  of  the  meshes  of  wliidi  are,  wliea 
drawn  closely  together  and  measured  inside  the  knot,  less  than  six 
and  one-half  inches  in  length;  every  [)erson  who  catches  any  shad 
or  striped  bass  in  any  of  the  waters  of  the  state,  with  any  seine  or 
net,  drag-net,  or  jiaranzella,  any  of  the  meshes  of  which  are,  when 
drawn  closely  together  and  measured  inside  the  knot,  less  than  five 
and  one-half  inches  in  length;  every  person  who  catches  an^^  salmon, 
shad  or  striped  basg  with  an^-  seine  or  net  the  cork  line  of  which 
shall  be  submerged  below  the  surface  of  the  water,  is  guilty  of  a 
misdemeanor,  and  is  punishable  Vjy  a  fine  of  not  less  than  two  hun- 
dred dollars,  or  by  imprisonment  in  the  covnty  jail  in  the  county  in 
which  the  conviction  shall  be  had,  not  less  than  one  hundred  and 
fifty  days,  or  bj^  both  such  fine  and  imprisonment,  and  all  fines  im- 
posed and  collected  for  any  violation  of  the  provisions  of  this  sec- 
tion shall  be  ])aid  into  the  fish  and  game  ]ireservation  fund.  In  the 
construction  and  meaning  of  this  section,  the  limits  of  tide  water 
in  the  Sacramento  river  shall  be  deemed  not  to  extend  above 'its 
mouth,  namely  where  it  enters  Suisun  bay;  in  the  San  Joaquin 
river,  not  to  extend  above  its  mouth,  namely,  where  it  enters  Sui- 
sun Bay;  in  Eel  river,  in  Humboldt  county,  from  its  mouth  to  east 
boundary  line  of  township  three  (3)  north,  range  two  (2)  west, 
Humboldt  meridian;  in  the  Klamath  river  to  a  point  on  the  river 
north  of  the  residence  of  James  McGarvey;  in  Smith  river,  in  Del 
Norte  county,  from  its  mouth  to  Higgins  Ferry.  Nothing  in  this 
section  shall  prohibit  the  United  States  fish  commission  and  the  fish 
and  game  commission  of  this  state  from  taking  at  all  times  such 
fish  as  they  deem  necessary  for  the  purpose  of  artificial  hatching." 
13.  Amended  by  Stats.  1913,  p.  990,  to  read:  "Every  person  who, 
between  the  twentieth  day  of  September  and  the  fifteenth  day  of 
November  of  each  year,  except  with  spear  or  hook  and  line,  said 
hook  and  line  to  be  used  in  the  manner  known  as  angling,  takes, 
catches  or  kills,  any  salmon,  shad  or  striped  bass;  every  person  who, 
between  the  twentieth  day  of  September  and  the  fifteenth  day  of 
November  of  each  year,  takes,  catches  or  kills  or  has  in  his  posses- 
sion more  than  three  fresh  salmon  or  more  than  ten  striped  bass  or 
shad  in  any  one  calendar  day;  every  person  who  buys,  sells,  offers 
or  exposes  for  sale  any  fresh  salmon,  shad  or  striped  bass  between 
the  twentieth  day  of  Sep<"ember  and  the  fifteenth  day  of  November 
of  each  year;  every  person  who  buys,  sells  or  offers  for  sale  any' 
quinnat  salmon  of  less  than  five  pounds  in  weight;  every  person  who 
shall  cast,  extend  or  draw,  or  assist  in  casting,  extending  or  draw- 
ing any  net  or  seine  for  the  purpose  of  taking  or  catching  salmon, 
shad  or  striped  bass  in  any  of  the  waters  in  this  state,  at  any  time 
between  sunrise  of  each  Saturday  and  sunset  of  the  following  Sun- 
day; every  person  who  takes,  catches  or  kills  salmon,  shad  or 
striped  bass  in  any  of  the  waters  of  this  state  with  any  seine  or  net, 
drag-net  or  paranzella  any  of  the  meshes  of  which  are,  when  drawn 
closely  together  and  measured  inside  the  knots  less  than  six  and  one- 
half  inches  or  more  than  nine  and  one-quarter  inches  in  length; 
provided,  that  any  person  may  take,  catch  or  kill  striped  bass,  in 
the  bay  of  San  Francisco  and  San  Pablo  bay  as  far  up  as  the  Vallejo 
light  at  the  mouth  of  Napa  creek,  with  a  net,  drag-net  or  paranzella, 
the  meshes  of  which  are,  when  drawn  closely  together  and  measured 
inside  the  knots,  not  less  than  G^ve  inches;  provided,  that,  until  .July 
1,  1914,  it  shall  be  lawful  to  take,  catch,  kill,  or  destroy  striped 
bass  or  shad  with  nets  the  meshes  of  which  are  when  drawn  closely 
together  and  measured  inside  the  knots  five  and  one-half  inches 
or  more  in  length,  subject  to  the  seasons  herein  set  forth;   every 


355  PROTECTION    OF   SALMON    AND    STEELHEAD   TROUT.       §  634: 

person  who  takes,  catches  or  kills  any  salmon,  shad  or  striped  bass 
with  any  seine  or  net,  the  cork  line  of  which  shall  be  submergeil 
below  the  surface  of  the  water;  every  person  who  shall  cast,  extend 
or  draw,  or  assist  in  easting',  extending  or  drawing  any  net,  seine, 
drag-net  or  paranzella,  for  the  purpose  of  taking  or  catching  salmon 
in  the  waters  of  Eel  ri^  er  above  East's  ferry  in  Humboldt  county; 
every  person  who  shall  take,  catch  or  kill  any  salmon  except  with 
hook  and  line  within  two  miles  of  where  a  state  or  United  States 
hatchery  or  egg  collecting  station  is  located;  every  person  who  shall 
cast,  extend  or  draw,  or  assist  in  casting,  extending  or  drawing,  any 
net,  seine,  drag-net  or  paranzella  for  the  purpose  of  taking  salmon 
in  the  waters  of  Mad  river  above  Carson's  bridge  in  Humboldt 
county,  or  who  shall  take,  catch  or  kill  any  salmon  in  the  waters  of 
Mad  river  at  any  time  except  with  spear,  hook  and  line  or  gill-net. 
the  meshes  of  which  gill-net  are,  when  drawn  closely  together  and 
measured  inside  the  knots,  six  and  one-half  inches  or  more  in  length, 
said  gill-nets  to  be  used  onl}^  as  hereinafter  provided  for,  is  guilty 
of  a  misdemeanor;  provided,  that  it  sliall  be  lawful  to  take,  catch, 
or  kill  salmon  in  the  waters  of  the  Klamath  river  between  the  fif- 
teenth day  of  June  and  the  fifth  day  of  September  of  each  year, 
with  spear,  hook  and  line  or  gill-net,  the  meshes  of  which  gill-net 
are,  when  drawn  closely  together  and  measured  inside  the  knots,  six 
and  one-half  inches  or  more  in  length,  and  it  shall  be  lawful  to 
take,  catch  or  kill  salmon  in  the  waters  of  Klamath  river  between 
the  twentieth  day  of  September  and  the  first  day  of  November  of 
each  year  with  spear,  hook  and  line  or  gill-net,  the  meshes  of  which 
gill-net  are,  when  drawn  closely  together  and  measured  inside  the 
knots,  six  inches  or  more  in  length;  and  every  person  who  takes, 
catches  or  kills  salmon  in  said  Klamath  river  except  with  hook  and 
line  or  spear,  between  the  first  day  of  November  and  the  fifteenth 
day  of  June,  and  the  fifth  day  of  September  and  the  twentieth  day 
of  September,  is  guilty  of  a  misdemeanor;  provided,  further,  that  it 
shall  be  lawful  to  take,  catch  or  kill  salmon  in  Eel  river  in  tide 
water  between  the  twenty-third  day  of  October  and  the  first  day 
of  February  of  the  following  year,  and  to  take,  catch  or  kill  salmon 
in  the  waters  of  Eel  river  from  East's  ferry  down  to  its  mouth  in 
the  ocean  with  gill-nets,  the  meshes  of  which  are,  when  drawn 
closely  together  and  measured  inside  the  knots,  six  and  one-half 
inches  or  more  in  length,  between  the  fifteenth  day  of  November 
and  the  first  day  of  February  of  the  year  following;  and  every  per- 
son who  takes,  catches  or  kills  any  saimon  in  tide-water  in  Eel  river 
except  with  spear  or  hook  and  line  between  the  first  day  of  Febru- 
ary and  the  twenty-third  day  of  October,  and  every  person  who  at 
any  time  takes,  catches  or  kills  any  salmon  above  tide-water  in 
Eel  river  except  with  spear  or  hook  and  line,  or  gill-nets  as  herein 
provided  for,  is  guilty  of  a  misdemeanor;  and  provided,  further, 
that  it  shall  be  lawful  to  take,  catch  or  kill  salmon  in  Mad  river 
.  from  its  mouth  in  the  ocean  to  Carson's  bridge  with  gill-nets,  the 
meshes  thereof  which  are,  when  drawn  close  up  together  and  meas- 
ured inside  the  knots,  six  and  one-half  inches  or  more  in  length, 
between  the  twenty-third  day  of  October  and  the  first  day  of  Feb- 
ruary of  the  year  following; "and  provided,  further,  that  every  per- 
son who  takes,  catches,  or  kills  any  salmon  at  any  time  in  any 
stream,  river,  creek  or  lagoon  in  fish  and  game  districts  number  5 
or  6,  excluding  the  San  Joaquin  river,  except  with  hook  and  line  in 
the  manner  known  as  angling  is  guilty  of  a  misdemeanor. 

The  provisions  of  this  section  shall  not  prohibit  the  possession, 
purchase,  sale,  or  offer  or  exposure  for  sale  or  shipment  of  any  sal- 
mon lawfully  taken  in  the  waters  of  this  state  when  the  same  shall 


§  635  PENAL    CODE.  356 

1)1'  ;iii()iii|i;inic(l  ]>y  an  iiixnici'  in  duplii-alc  sliowin^  llic  name  iiml 
addri'ss  of  tlic  ('on.siyiior  ami  (•on^ii;n('C'  and  Ijcarinjf,  after  iiiK]>ec- 
tion,  such  cvidonco  of  liaviiij;  hccii  ho  caught  or  taken  as  shall  bo 
reijuired  by  llie  fish  and  tianie  coininission;  and  the  cost  of  such 
inspection  and  inarkinf>  must  be  jtaid  by  the  j)erson  or  persons  sub- 
mitting such  salmon  for  inspection  and  marking. 

In  the  construction  of  this  section,  limits  of  tide  water  in  Eel 
river  in  Humboldt  county  shall  be  deemed  to  extend  from  its  mouth 
to  the  county  concrete  bridge  below  Fortuna;  and  in  the  Klamath 
river  to  a  point  on  the  river  north  of  the  residence  of  James  Mc- 
Garvey;  and  in  Smith  river  in  Del  Norte  county  from  its  mouth  to 
Higgins  Ferr}-. 

Nothing  in  this  section  sliall  prevent  the  United  States  bureau  of 
fisheries  or  the  fish  and  game  commission  of  tliis  state  from  taking 
at  all  times  such  fish  as  they  deem  necessary  for  the  ]iurpose  of 
artificial  hatching. 

Any  violation  of  any  of  the  provisions  of  this  section  shall  be 
punishable  by  a  fine  of  not  more  than  five  hundred  dollars  or  by 
imprisonment  in  the  county  jail  in  the  county  in  which  the  convic- 
tion shall  be  had  of  not  more  than  six  months  or  by  both  such  fine 
and  imprisonment,  and  all  fines  and  forfeitures  imposed  and  col- 
lected for  any  violation  of  the  provisions  of  this  section  shall  be 
paid  into  the  fish  and  game  preservation  fund." 

14.  Amended  by  Stats.  1915,  p.  717. 

§  6341/2-  Fishing'  near  Santa  Catalina  limited  to  hook  and 
line.  Every  person  Avho  takes,  catches,  or  kills  any  fish 
except  with  hook  and  line  in  the  manner  commonly  known 
as  angling  within  three  miles  of  shore  line  of  Santa  Catalina 
island,  is  gnilty  of  a  misdemeanor.  Every  person  fonnd 
guilty  of  any  of  the  provisions  of  this  section  must  be  fined 
not  less  than  twenty  dollars  nor  more  than  five  hundred 
dollars,  or  be  imprisoned  in  the  county  jail  of  the  county  in 
which  the  conviction  shall  be  had,  not  less  than  ten  days 
nor  more  tlian  one  hundred  and  fifty  days,  or  be  punished 
by  both  such  fine  and  imprisonment ;  and  all  fines  or  for- 
feitures imposed  and  collected  for  any  violation  of  any  of 
the  provisions  of  this  section  nuist  be  paid  into  the  state 
treasury  to  the  credit  of  the  fish  and  game  preservation 
fund.  Nothing  in  this  section  prohibits  the  United  States 
fish  commission  and  the  fish  and  game  commission  of  this 
state  from  taking  at  all  times  such  fish  and  in  such  manner 
as  they  deem  necessary  for  purposes  of  propagation  or  for 
scientific  purposes. 

Legislation  §6341/0.     Added  by   Stats.  1913,  p.  XM. 

§  635.  Killing-  fish  with  explosives  prohibited.  Pollution 
of  waters.  Penalty.  Every  person,  firm,  association,  or 
corporation  who  places,  or  causes  to  be  placed,  in  any  of 
the  waters  of  this  .state,  dynamite,  gunpowder,  or  other 
explosive  compound  for  the  purpose  of  killing  or  taking 
fish,  or  who  takes,  jjroeures,  kills  or  destroys  any  fish   of 


357     KILLING  FISH  WITH  EXPLOSIVES.    POLLUTING  WATERS.    §  635 

any  kind  by  means  of  explosives,  ov  who  has  in  his  possession 
any  fish  that  have  been  taken  by  means  of  explosives  or 
Avho  places,  or  causes  to  be  placed,  or  who  discharges  or  de- 
posits, or  Avho  causes  to  be  discharged  or  deposited,  or 
suffers  or  permits  to  be  discharged  or  deposited,  or  to  pass, 
or  who  places  where  it  can  pass,  in  or  into  any  of  the  waters 
of  the  state  any  petroleum,  acid,  coal  or  oil  tar,  lamp  black, 
analine,  asphalt,  bitumen,  or  residuary  product  of  petro- 
leum, or  carbonaceous  material,  or  substance,  or  anj'  refuse, 
liquid  or  solid  from  any  oil  refinery,  gas  house,  tannery,  dis- 
tillery, chemical  works,  mill  or  factory  of  any  kind,  or  any 
sawdust,  shaving,  slabs,  edgings,  or  any  factory  refuse,  or 
any  lime,  any  cocculus  indicus,  or  any  slag  or  anj^  other 
substance  or  material  deleterious  to  fish  or  plant  life  is 
guilty  of  a  misdemeanor,  and  is  punishable  by  a  fine  of  not 
less  than  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  of  the  county  in  which  said  conviction  shall  be 
had,  not  less  than  fifty  days,  nor  more  than  one  hundred 
and  fifty  days  or  by  both  such  fine  and  imprisonment;  and 
all  fines  and  forfeitures  imposed  or  collected  for  any  viola- 
tion of  the  provisions  of  this  section  shall  be  paid  into  the 
state  treasury  to  the  credit  of  the  fish  and  game  preserva- 
tion fund.  [Amendment  approved  1915  ;  Stats.  1915,  p.  598.] 
Water,  pollution  of:  See  ante,  §  374. 

Legislation  §  635.  1.  Enacted  February  U,  1872,  and  then  read: 
"§  635.  Every  person  who  puts  into  the  waters  of  this  state,  or  who 
uses  any  poisons,  or  explosive  substances,  for  the  purpose  of  taking 
or  destroving  fish,  is  guilty  of  a  misdemeanor." 

2.  Amended  by  Code  Amdts.  1875-76,  p.  1  l.j,  to  read:  "635.  Every 
person  who  places,  or  allows  to  pass  into  any  of  the  waters  of  this 
state,  any  lime,  gas,  tar,  cocculus  indicus,  or  any  other  substance 
deleterious  to  fish,  is  guilty  of  a  misdemeanor.  And  every  person 
who  uses  any  poisonous  or  explosive  substances  for  the  purpose  of 
taking  or  destroying  fish,  is  guilty  of  a  misdemeanor;  provided,  that 
sawdust  shall  not  be  deemed  a  deleterious  substance.  Any  person 
who  shall  catch,  take,  or  carry  away  any  trout,  or  other  fish,  from 
any  stream,  pond,  or  reservoir,  belonging  to  any  person  or  corpora- 
tion, without  the  consent  of  the  owner  thereof,  which  stream,  pond, 
or  reservoir  has  been  stocked  with  fish  by  hatching  therein  eggs  or 
spawn,  or  by  placing  the  same  therein,  is  guilty  of  a  misdemeanor." 

3.  Amended  by  Stats.  1889,  p.  61,  to  read:  "635.  Every  person  who 
places  or  allows  to  pass  into  any  of  the  waters  of  this  state  any 
lime,  gas-,  tar,  cocculus  indicus,  sawdust,  or  any  substance  deleteri- 
ous to  fish,  is  guilty  of  a  misdemeanor.  And  every  person  who  uses 
any  poisonous  or  explosive  substances  for  the  purpose  of  taking  or 
destroying  fish  is  guilty  of  a  misdemeanor.  Any  person  who  shall 
catch,  take,  or  carry  away  any  trout  or  other  fish  from  any  stream, 
pond,  or  reservoir,  belonging  to  any  person  or  corporation,  without 
the  consent  of  the  owner  theref,  which  stream,  pond,  or  reservoir 
has  been  stocked  with  fish  by  hatching  therein  eggs  or  spawn,  or  by 
placing  the  same  therein,  is  guilty  of  a  misdemeanor." 

4.  §  635  was  amended  and  split  into  two  sections  in  1895, — 
§§  632a,  635,— §  632a  being  rfi?>ealed  by  Stats.  1897,  p.  348,  and  at 


§  635  PENAL   CODE.  358 

that  session  was  atraiii  combiued^  with  §  635.  §  632a  added  as  a  new 
section  by  Stats.  ISUo,  p.  -60,  and  then  read:  "632a.  Any  person 
wlio  shall  place,  or  cause  to  be  placed,  in  any  of  the  waters  of  the 
state,  dynamite,  gun-i)owder,  or  otiier  explosive  comiiouud,  for  the 
j)urpose  of  killing  or  taking  fish,  or  who  shall  at  any  time  take, 
l)rocure,  kill,  or  destroy  any  fish  of  any  kind  by  means  of  explosives, 
shall  be  guilty  of  a  iiiisdenieaiior.  Kvery  jiersou  found  guilty  of  a 
violation  of  any  of  the  jirovisions  of  this  section  shall  be  fined  in  a 
sum  not  less  than  one  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  in  the  county  in  which  the  conviction  shall  be  had  not 
less  than  one  hundred  days,  or  be  punished  by  both  such  fine  and 
imprisonment."  §  635  amended  by  Stats.  1895,  p.  261,  to  read: 
"635.  Every  person  who  places  or  allows  to  pass  into  any  of  the 
waters  of  this  state  any  lime,  gas,  tar,  cocculus  indicus,  sawdust, 
siiavings,  slabs,  edgings,  mill  or  factory  refuse,  or  any  substance 
deleterious  to  fish,  is  guilty  of  a  fnisdemeanor.  Every  person  who 
shall  catch,  take,  or  carry  away  any  trout  or  other  fish  from  any 
stream,  pond,  or  reservoir,  belonging  to  any  person  or  corporation, 
without  the  consent  of  the  owner  thereof,  which  stream,  pond,  or  res- 
ervoir has  been  stocked  with  fish  by  hatching  therein  eggs  or  spawn, 
or  by  placing  the  same  therein,  is  guilty  of  a  misdemeanor.  Any 
person  found  guilty  of  a  violation  of  any  of  the  provisions  of  this 
section  shall  be  fined  in  a  sum  not  less  than  one  hundred  dollars,  or 
be  imprisoned  in  the  county  jail  in  the  county  in  Avhich  the  con- 
viction shall  be  had  not  less  than  fifty  days,  or  be  punished  by  both 
such  fine  and  imprisonment." 

5.  §  635  amended  by  Stats.  1897,  p.  349  (being  an  amendment  and 
combination  of  §  632a  as  added  and  §  635  as  amended  in  1895,  §  632a 
being  repealed  by  Stats.  1897,  p.  348),  and  then  read:  "635.  Every 
person  who  shall  place  or  cause  to'  be  placed  in  any  of  the  waters 
of  this  state,  dynamite,  gunpowder,  or  other  explosive  compound, 
for  the  purpose  of  killing  or  taking  fish,  or  who  shall  at  any  time 
take,  procure,  kill,  or  destroy  any  fish  of  any  kind  by  means  of  ex- 
plosives; every  person  who  passes  or  allows  to  pass,  or  who  places 
where  it  can  pass,  into  any  of  the  waters  of  this  state,  any  lime, 
gas,  tar,  cocculus  indicus,  sawdust,  shavings,  slabs,  edgings,  mill  or 
factory  refuse,  or  any  substance  deleterious  to  fish,  is  guilty  of  a 
misdemeanor,  and  is  punishable  by  a  fine  of  not  less  than  two  hun- 
dred and  fifty  dollars,  or  imprisonment  in  the  county  jail  in  the 
county  in  whicii  conviction  shall  be  had,  not  less  than  one  hundred 
and  fifty  days,  or  by  both  such  fine  and  imprisonment." 

6.  Amended  by  Stats.  1901,  p.  55,  and  then  read  the  same  as  the 
amendment  of  1903,  down  to  the  words  "two  hundred  and  fifty 
dollars,"  the  rest  of  the  section  reading,  "or  by  imprisonment  in 
the  county  jail  in  the  county,  not  less  than  one  hundred  and  fifty 
days,  or  by  both  such  fine  and  imprisonment." 

7.  Amended  by  Stats.  1903,  p.  25,  to  read:  "Every  person  who 
pdaees  or  causes  to  be  placed  in  any  of  the  waters  of  this  state, 
dynamite,  gunpowder,  or  other  explosive  compound,  for  the  purpose 
of  killing  or  taking  fish;  or  who  takes,  procures,  kills,  or  destroys 
any  fish  of  any  kind  by  means  of  explosives;  or  who  places  or 
allows  to  pass,  or  who  places  where  it  can  pass  into  any  of  the 
waters  of  this  state,  any  lime,  gas,  tar,  cocculus  indicus,  slag,  saw- 
dust, shavings,  slabs,  edgings,  mill  or  factory  refuse,  or  any  sub- 
stance deleterious  to  fish,  is  guilty  of  a  misdemeanor,  and  is  pun- 
ishable by  a  fine  of  not  less  than  two  hundred  and  fifty  dollars,  or 
by  imprisonment  in  the  county  jail  in  the  county  in  which  the  con- 
viction is  had,  not  less  than  one  hundred  and  twenty-five  days,  or  by 
both  such  fine  and  imprisonment;  and  all  fines  imposed  and  collected 


359  REGULATING  USE  OF  NETS,  LINES  AND  SEINES.  §  636 

for  any  violation  of  anj^  of  the  provisions  of  this  section  shall  be 
paid  into  the  state  treasury  to  the  credit  of  the  'fish  commission 
fund.'  " 

8.  Amended  by  Stats.  1915,  p.  598. 

§6351/2-  Use  of  two-mesh  fish  net  a  misdemeanor.  Every 
person  who  at  any  time  shall  cast,  extend  or  use  any  two- 
mesh  or  three-mesh  net  or  trammel  net  for  the  catching  of 
fish,  shrimp  or  shellfish  in  the  waters  of  this  state  is  guilty 
of  a  misdemeanor ;  and  all  the  fines  imposed  and  collected 
for  any  violation  of  any  of  the  provisions  of  this  section 
shall  be  paid  into  the  state  treasury  to  the  credit  of  the 
fish  and  game  preservation  fund. 

Legislation  §  6351/2.     Added  by  Stats.  1911,  p.  807. 

§  636.     Regulation  of  use  of  nets,  lines  and  seines.     1. 

Every  person  who  shall  cast,  extend,  use  or  continue,  or 
who  shall  assist  in  casting,  extending,  using  or  continuing 
any  "Chinese  sturgeon  lines,"  set-lines,  or  lines  of  a  similar 
character,  or  any  pound,  weir,  set-net,  set-line,  trap  or  any 
other  fixed  or  permanent  contrivance  for  catching  fish,  shell- 
fish or  crabs  in  the  waters  of  this  state  shall  be  guilty  of  a 
misdemeanor ;  except  as  hereinafter  provided. 

2.  Every  person  who  shall  cast,  extend,  use  or  continue, 
or  who  shall  assist  in  casting,  extending,  using  or  continu- 
ing any  tAvo-mesh  or  three-mesh  or  trammel  net  in  the 
waters  of  the  State  of  California  is  guilty  of  a  misdemeanor ; 
provided,  that  in  fish  and  game  districts  numbers  ten, 
eighteen  and  nineteen  it  shall  be  lawful  to  use  two-mesh  or 
three-mesh  or  trammel  nets,  for  the  taking  of  fish  only,  the 
meshes  of  which  when  drawn  closely  together  and  measured 
inside  the  knots,  shall  measure  eight  inches  or  more  in 
length,  but  such  net  shall  not  remain  in  a  fixed  or  set  con- 
dition for  a  period  of  time  of  more  than  six  hours  from 
the  time  of  casting,  extending  or  setting  such  net,  without 
taking  up  such  net  and  removing  such  fish  as  may  have 
been  taken  therein;  provided,  further,  that  nothing  in  this 
section  shall  prohibit  the  use  of  crawfish  traps  for  taking 
crawfish  in  fish  and  game  district  number  nineteen,  or  of 
crab  nets  for  taking  crabs  in  fish  and  game  districts  num- 
bers five,  six,  seven,  eight,  nine,  ten,  eleven,  twelve,  thir- 
teen, seventeen,  eighteen  and  nineteen. 

3.  Every  person  who  takes,  catches  or  kills  any  salmon, 
shad  or  striped  bass  with  any  seine  or  net,  the  cork  line  of 
which  shall  be  submerged  more  than  twelve  feet  below  the 
surface,  or  with  any  net,  all  the  meshes  of  Avhich  are  not 
approximately  the  same  size  and  vary  more  than  one  inch, 
shall  be  guilty  of  a  misdemeanor. 


§  {)'M)  PENAL    CODE.  360 

4.  Every  person  ■vvlio,  at  any  time  shall  cast,  extcnri,  set, 
draw,  use  or  continue  or  assist  in  casting,  extending,  set- 
ting, di'flwing,  using  or  continuing  any  beach  seine,  except 
as  hereinafter  provided  is  guilty  of  a  misdenioanor ;  pro- 
vided, that  nothing  in  this  section  shall  pi-ohibit  the  use  of 
l)eaeh  seines  in  fish  and  game  districts  numljei's  nine,  eleven, 
twelve,  twelve  a,  thirteen  and  tweiit.y-two ;  })rovided,  fur- 
ther, that  any  person  who,  in  fish  and  game  districts  num- 
bers twelve  and  twelve  a  uses  any  beach  seine,  the  meshes 
of  which  when  drawn  closely  together  and  measured  inside 
the  knots,  shall  measure  less  than  five  and  one-half  inches 
in  length,  is  guilty  of  a  misdemeanor;  provided,  further, 
that  nothing  in  this  section  shall  prohibit  the  use  of  beach 
seines  in  fish  and  game  district  numl)er  nineteen,  for  smell 
only,  between  the  first  day  of  September  and  the  thirty-first 
day  of  January  of  the  year  following,  both  dates  inclusive ; 
provided,  further,  that  every  person  who,  in  fish  and  game 
district  number  nineteen,  uses  any  beach  seine,  the  meshes 
of  which,  -when  drawn  closely  together  and  measured  inside 
the  knots,  shall  measure  less  than  one  and  one-half  inches 
in  length,  is  guilty  of  a  misdemeanor. 

5.  For  the  purposes  and  in  the  meaning  of  this  section, 
every  net  or  line  shall  be  considered  a  set-net  or  set-line 
that  is  made  fast  to  the  bank  or  ground  or  that  shall  foul  the 
bank  or  ground  or  shall  be  made  fast  in  any  way  and  shall 
not  be  free  to  drift  with  the  current  or  tide. 

6.  Every  person  who  shall  cast,  extend,  use  or  continue, 
or  who  shall  assist  in  casting,  extending,  using  or  continu- 
ing any  circle  seine,  purse  seine  or  lampara  net  for  the  pur- 
pose of  catching  fish,  shellfish,  shrimp  or  crabs  in  the  waters 
of  this  state,  shall  be  guilty  of  a  misdemeanor;  provided, 
that  in  fish  and  game  district  number  tw^enty-one,  it  shall 
be  lawful  to  cast,  extend,  use  or  continue  a  circle  seine,  or 
blanket  net,  the  meshes  of  which  when  drawn  closely  to- 
gether and  measured  inside  the  knots,  shall  measure  one 
inch  or  less  in  length  for  the  purpose  of  taking  bait  only ; 
provided,  further,  that  in  fish  and  game  district  number 
sixteen,  it  shall  be  lawful  to  cast,  extend,  use  or  continue  a 
circle  seine,  purse  seine  or  lampara  net  for  the  purpose  of 
taking  squid,  anchovies  and  sardines,  only;  provided,  fur- 
ther, that  in  fish  and  game  districts  numbers  nine,  ten, 
eleven,  twelve,  thirteen,  seventeen,  eighteen,  nineteen  and 
twenty-two  it  shall  be  la\vful  to  cast,  extend,  use  or  continue 
any  circle,  seine,  purse  or  lampara  net. 

7.  Every  person  who,  in  fish  and  game  districts  numbers 
one,  two,  three,  four,  fourteen,  twenty,  twenty-three,  twenty- 
four,    twenty-five,    twenty-six,    twenty-seven,    twenty-eight 


361  REGULATING  USE  OF  NETS,  LINES  AND  SEINES.  §  636 

and  twenty-nine,  shall  cast,  extend  or  use,  or  who  shall  as- 
sist in  casting,  extending  or  using  any  net  for  the  purpose 
of  taking  fish,  mollusks  or  crustaceans  is  guilty  of  a  mis- 
demeanor. 

8.  Every  person  who,  in  fish  and  game  district  number 
fourteen,  takes,  catches  or  kills  fish  in  any  manner,  is  guilty 
of  a  misdemeanor. 

9.  Nothing  in  this  section  shall  prevent  the  use  of  fyke 
nets,  without  wings,  in  fish  and  game  district  number 
twelve,  for  catfish,  carp,  pike,  hardhead,  split-tails  and  suck- 
ers between  the  fifteenth  day  of  August  and  the  fourteenth 
day  of  May  of  the  year  following,  both  dates  inclusive ; 
provided,  however,  that  the  mesh  of  said  nets  shall,  when 
drawn  closely  together  and  measured  inside  the  knots, 
measure  not  less  than  two  and  one-half  inches  in  length, 
and  any  catfish  taken  in  these  fyke  nets  which  do  not 
comply  with  the  measures  required  by  section  six  hundred 
twenty-eight  of  the  Penal  Code,  shall  be  immediately  re- 
stored to  the  water  alive,  and  shall  not  be  retained  in  live 
cars  or  boats. 

10.  Nothing  in  this  section  shall  prevent  the  fish  and 
game  commission,  or  persons  authorized  by  them,  from 
using  any  net  for  the  purpose  of  recovering  fish  from  over- 
flowed areas  or  land-locked  sloughs  or  ponds  where  they 
have  been  left  isolated  by  receding  streams  or  flood  waters. 

11.  Be  it  provided,  that  any  net,  duly  condemned  in 
accordance  with  the  provisions  of  section  six  hundred  thirty- 
six  a  of  the  Penal  Code,  shall  be  destroyed  or  sold  by  order 
of  the  fish  and  game  commission,  and  when  sold  all  proceeds 
collected  for  the  sale  of  such  net  or  nets  shall  be  paid  into 
the  state  treasury  to  the  credit  of  the  fish  and  game  pres- 
ervation fund. 

12.  Nothing  in  this  section  shall  prohibit  the  fish  and 
game  commission,  or  any  one  authorized  by  them,  or  the 
United  States  bureau  of  fisheries,  from  using  such  nets  or 
traps  or  weirs,  in  the  waters  of  the  state,  as  they  deem 
necessary  for  the  carrying  on  of  scientific  inquiry,  or  for  the 
propagation  of  fish  or  any  marine  animal. 

Sec.  2.  Every  person  violating  any  of  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  a  fine  of  not  less  than 
one  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
in  the  county  in  which  conviction  shall  be  had,  not  less  than 
fifty  days,  or  by  both  such  fine  and  imprisonment;  and  all 
fines  or  forfeitures  imposed  and  collected  for  any  violation 
of  any  of  the  provisions  of  this  section  shall  be  paid  into 
the  state  treasury  to  the  credit  of  the  fish  and  game  pres- 


§  63G  PENAL   Ct)UE.  3G2 

ervation    i'liiul.      [Aiueiidnioiit  approved  1915;   Stats.   1915, 

p.  G06.] 

Legislation  §  636.  1.  Added  by  Codv  Amdts.  1875-76,  p.  11.1,  as 
ail  aiiii'iidiiioiit  of  the  original  code  §  G3C,  which  read:  "(j.3G.  Cali- 
fornia Indians,  taking  fish  for  thoir  own  subsistence,  arc  exempted 
from  the  i)enalties  ])rescribed  in  sections  631,  632,  633,  and  634." 
As  thus  added  in  1875-76,  p.  115,  §  636  read:  "Any  person  who  shall 
set,  use,  or  continue,  or  who  shall  as.sist  in  setting,  using,  or  con- 
tinuing any  pound,  weir,  set-net,  stake-net,  trap,  or  other  fixed  or 
permanent  contrivance  for  catching  fish  in  any  of  the  waters  of  this 
state,  is  guilty  of  a  misdemeanor.  Any  person  who  shall  hereafter 
close  or  keep  closed,  or  in  condition  to  catch  or  ensnare  any  shrimp, 
or  cause  to  be  closed  or  kept  closed,  or  in  condition  to  catch  or  en- 
snare any  shrimp,  any  jiouud,  weir,  set-net,  stake-net,  trap,  or 
other  fixed  or  permanent  contrivance  for  catching  tlie  same,  placed 
in  the  waters  aforesaid,  is  guilty  of  a  misdemeanor.  Any  person 
who  shall  draw  or  sliall  assist  in  setting  or  drawing  any  net  or  seine 
for  the  purpose  of  taking  shrimp  in  any  of  the  waters  of  this  state, 
at  any  time  between  the  setting  of  the  sun  on  the  evening  of  each 
Saturday  and  the  rising  of  the  sun  on  the  morning  of  the  succeeding 
Monday,  is  guilty  of  a  misdemeanor.  Any  person  who  shall  draw 
or  who  shall  assist  in  drawdng  any  net  or  seine,  for  the  purpose  of 
taking  fish  in  any  of  the  waters  of  this  state,  the  meshes  of  which 
are  less  than  one  and  one-half  inches  in  size,  is  guilty  of  a  misde- 
meanor, provided,  that  nets  with  a  mesh  of  a  smaller  size  may  be 
used  in  the  catching  of  shrimps.  Any  person  who  shall  cast,  extend, 
or  set  any  seine  or  net  of  any  kind,  for  the  catching  of  fish  in  any 
river,  stream,  or  slough  of  this  state,  which  shall  extend  more  than 
one  third  across  the  width  of  said*  river,  stream,  or  slough,  at  the 
time  and  pjace  of  such  fishing,  is  guilty  of  a  misdemeanor.  Any 
person  who,  by  seines,  or  any  other  means,  shall  catch  any  fish  so 
small  as  to  be  able  to  escape  through  a  mesh  of  one  and  one-half 
inches  in  size,  or  the  young  fish  of  any  species,  but  which,  at  the 
time  of  capture,  are  too  small  to  be  marketable,  and  who  shall  not 
return  the  same  to  the  water  immediately  and  alive,  or  who  shall 
sell  or  offer  for  sale  any  such  fish,  is  guilty  of  a  misdemeanor.  One 
third  of  all  penalties  received  under  this  section  shall  be  paid  to 
the  informer;  one  third  to  the  district  attorney  of  the  county  in 
which  the  case  is  prosecuted,  and  one  third  to  the  school  fund  of 
said  county;  provided,  that  nothing  in  this  section  shall  be  con- 
strued to  affect  any  special  laws  now  in  force  in  this  state  for 
the  preservation  of  fish;  provided,  that  in  the  waters  of  Carquinez 
Straits  and  Napa  River  set-nets  and  stake-nets  may  be  set  and 
used  of  meshes  not  less  than  two  and  a  half  inches." 

2.  Amended  by  Code  Amdts.  1877-78,  p.  120,  to  read:  "Every 
person  who  shall  set,  use,  or  continue,  or  who  shall  assist  in  setting, 
using,  or  continuing  any  pound,  weir,  set-net,  trap,  or  other  fixed 
or  permanent  contrivance  for  catching  fish  in  the  waters  of  any 
of  the  rivers,  creeks,  or  sloughs  of  this  state,  are  guilty  of  a  misde- 
meanor. Every  person  who  shall  draw-,  or  who  shall  assist  in  draw- 
ing, any  net  or  seine  for  the  purpose  of  taking  fish  in  any  of  the 
waters  of  this  state,  the  meshes  of  which  are  less  than  one  and 
one-fourth  inches  in  size,  is  guilty  of  a  misdemeanor;  provided,  that 
nets  with  a  mesh  of  a  smaller  size  may  be  used  in  the  catching  of 
shrimps.  Every  person  who  shall  cast,  extend,  or  set  any  seine  or 
net  of  any  kind,  for  the  catching  of  fish,  in  any  river,  stream,  or 
slough  of  "this  state,  which  shall  extend  more  than  one  third  across 
the  width  of  said  river,  stream,  or  slough,  at  the  time  and  place  of 


363  REGULATING  USE  OF  NETS^  LINES  AND  SEINES.  §  636 

such  fishing,  is  guilty  of  a  misdemeanor.  Every  person  who,  by 
seine  or  any  other  means,  shall  catch  any  fish  so  small  as  to  be  able 
to  escape  through  a  jnesh  of  one  and  one-half  inches  in  size,  or  the 
young  of  fish  of  any  species,  but  which,  at  the  time  of  capture,  are 
too  small  to  be  marketed,  and  who  shall  not  return  the  same  to  the 
water  immediately  and  alive,  or  who  shall  sell,  or  offer  for  sale, 
any  such  fish,  fresh  or  dried,  is  guilty  of  a  misdemeanor.  Every 
person  convicted  of  violation  of  any  of  the  provisions  of  this  chap- 
ter shall  be  punished  by  fine  of  not  less  than  fifty  dollars,  and  not 
more  than  three  hundred  dollars,  or  imprisoned  in  the  county  jail 
of  the  county  where  the  ofi:ense  was  committed  for  not  less  than 
thirty  days  nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment.  One  half  of  all  moneys  collected  for  fines  for  viola- 
tion of  the  provisions  of  this  chapter  shall  be  paid  to  informers, 
and  one  half  thereof  to  the  district  attorney  of  the  county  in  which 
the  action  is  prosecuted;  all  other  costs  shall  be  a  charge  against  the 
county  in  which  the  action  is  prosecuted.  Nothing  in  this  chapter 
shall  be  construed  to  prohibit  the  United  States  f^sh  commissioners, 
or  the  fish  commissioners  of  the  state  of  California,  from  taking 
such  fish  as  they  shall  deem  necessary  for  the  purpose  of  artificial 
hatching,  nor  at  any  time.  All  nets,  seines,  fishing-tackle,  boats,  or 
other  implements  used  in  catching  or  taking  fish  in  violation  of  the 
provisions  of  this  chapter,  shall  be  forfeited,  and  may  be  seized  by 
the  peace-officer  of  the  county,  or  assistant,  or  person  acting  under 
the  authority  of  the  fish  commissioners,  and  may  be  by  them  de- 
stroyed, or  may  be  sold  at  public  auction  by  the  party  making  such 
seizure,  upon  notice  posted  in  said  county  for  five  daj's.  The  person 
making  such  seizure  and  sale  shall  be  entitled  to  retain  one  half 
of  the  proceeds  of  such  sale,  and  the  balance  shall  be  paid  into  the 
school  fund  of  the  county,  in  case  the  seizure  and  sale  is  made  by 
a  peace-officer  thereof,  or  to  the  fish  commissioners,  if  made  by  a 
person  appointed  by  them;  provided,  that  all  nets  having  meshes  of 
less  than  one  and  a  half  inches  in  size,  when  seized  under  the  pro- 
visions  of  this   section,  must  be   destroyed." 

3,  Amended  by  Stats.  1881,  p.  12,  (1)  changing  the  first  part  of 
the  section  to  read:  "Every  person  who  shall  set,  use,  or  continue, 
or  who  shall  assist  in  setting,  using,  or  continuing  any  pound,  weir. 
set-net,  trap,  or  other  fixed  or  permanent  contrivance  for  catching 
fish  in  the  waters  of  this  state,  is  guilty  of  a  misdemeanor.  Every 
person  who  shall  cast,  extend,  or  set  any  seine,  or  net  of  any  kind, 
for  the  catching  of  fish  in  any  river,  stream,  or  slough  of  this  state, 
which  shall  extend  more  than  one  third  across  the  width  of  said 
river,  stream,  or  slough,  at  the  time  and  place  of  such  fishing,  is 
guilty  of  a  misdemeanor.-  Every  person  who,  by  seine,  or  any  other 
means,  shall  catch  the  young  of  fish  of  any  species,  which  at  the 
time  of  capture  are  too  small  to  be  marketed,  and  who  shall  not 
return  the  same  to  the  water,  immediately  and  alive,  or  who  shall 
sell,  or  offer  for  sale,  any  such  fish,  fresh  or  dried,  is  guilty  of  a 
misdemeanor";  (2)  in  sentence  beginning  "Every  person  convicted." 
(a)  adding  "a"  before  "violation,"  and  (b)  changing  "imprisoned" 
to  "imprisonment";  (3)  in  sentence  beginning  "One  half,"  changing 
"shall  be  a  charge"  to  "shall  be  charged";  (4)  in  sentence  begin- 
ning "All  nets,"  (a)  omitting  "the  authority  of"  after  "acting 
under,"  and   (b)   changing  "said  county"  to  "such  county." 

4.  Amended  by  Stats.  1883,  p.  S2,  (1)  in  first  sentence,  adding 
"any"  before  "other  fixed  or  permanent";  (2)  in  sentence  be- 
oinnin<J-  "Every  person  who  by  seine,"  omitting  "which  at 
the  time  of  capture  are  too  small  to  be  marketed,"  after  "fish 
of    any    species";     (3)   in    sexitence    beginning    "One    half,"    omit- 


§  636  PENAL   CODE.  364 

• 

ting  "tlioreof"  after  "and  one  lialf";  (4)  umittiii^f  all  the  siil>,iect,- 
matter  of  the  section  from  and  ineliuling  the  sentence  beginning 
"All  nets"  to  the  end,  and  adding  in  lion  Ihereof,  "It  shall  not 
be  lawfnl  for  any  person  to  buy  or  sell,  or  offer  or  expose  for  sale 
within  this  state,  any  kind  of  trout  (except  brooU  trout)  less  than 
eight  inches  in  length.  Any  person  violating  the  provisions  of  this 
section  is  guilty  of  a  misdemeanor." 

5.  Amended  by  Stats.  1887,  p.  237,  to  read:  "Every  person  who 
shall  set,  use,  or  continue,  or  who  shall  assist  in  setting,  using,  or 
continuing  any  pound,  weir,  set-net,  trap,  or  any  other  fixed  or  per- 
manent contrivance  for  catching  fish  in  the  waters  of  this  state, 
is  guilty  of  a  misdemeanor.  Every  person  who  shall  cast,  extend, 
or  set  any  seine,  or  net  of  any  kind,  for  the  catching  of,  |fish]  in 
any  river,  stream,  or  slough  of  this  state,  which  shall  extend  more 
than  one  third  across  the  width  of  said  river,  stream,  or  slough, 
at  the  time  and  place  of  such  fishing,  is  guilty  of  a  misdemeanor. 
Every  person  who  shall  cast,  extend,  set,  use,  or  continue,  or  who 
shall  assist  in  casting,  extending,  using,  or  continuing  'Chinese 
sturgeon-lines,'  or  'Chinese  shrimp  or  bag  nets,'  or  lines  or  nets  of 
similar  character,  for  the  catching  of  fish  in  the  waters  of  this  state, 
is  guilty  of  a  misdemeanor.  Every  person  who,  by  seine  or  any 
other  means,  shall  catch  the  young  fish  of  any  species,  and  who 
shall  not  return  the  same  to  the  water  immediately  and  alive,  or 
who  shall  sell,  or  offer  for  sale,  any  such  fish,  fresh  or  dried,  is 
guilty  of  a  misdemeanor.  Every  person  convicted  of  a  violation  of 
any  of  the  provisions  of  this  chapter  shall  be  punished  by  a  fine 
of  not  less  than  fifty  dollars,  or  imprisonment  in  the  county  jail 
of  the  county  where  the  offense  was  committed,  for  not  less  than 
thirty  days  nor  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment. One  third  of  all  moneys  collected  for  fines  for  viola- 
tion of  the  provisions  of  this  chapter  is  to  be  paid,to  informer,  one 
third  to  the  district  attorney  of  the  county  in  which  the  action  is 
prosecuted,  and  one  third  to  the  fish  commissioners  of  the  state  of 
California.  Nothing  in  this  chapter  shall  be  construed  to  prohibit 
the  United  States  fish  commissioners  or  the  fish  commissioners  of 
the  state  of  California  from  taking  such  fish  as  they  shall  deem 
necessary  for  the  purpose  of  artificial  hatchery,  nor  at  any  time. 
It  shall  not  be  lawful  for  any  person  to  buy,  or  sell,  or  offer  or 
expose  for  sale,  within  this  state,  any  kind  of  trout  (except  brook 
trout)  less  than  eight  inches  in  length.  Any  person  violating  any 
of  the  provisions  of  this  section  is  guilty  of  a  misdemeanor.  The 
board  of  supervisors  of  the  several  counties  of  this  state  are  author- 
ized by  ordinance,  duly  passed  and  published,  to  change  the  begin- 
ning or  ending  of  the  close  season  named  in  section  six  hundred  and 
twenty-six  of  this  code,  so  as  to  make  the  same  conform  to  the 
needs  of  their  respective  counties,  whenever,  in  their  judgment, 
they  deem  the  same  advisable." 

6.  Amended  by  Stats.  1893,  p.  215,  (1)  in  first  sentence  begin- 
ning "Every  person  who  shall  cast,"  after  the  words  "for  the  catch- 
ing of,"  inserting  the  word  "fish,"  omitted  through  a  typographical 
or  clerical  error  in  the  amendment  of  1S87;  (2)  at  end  of  sentence 
beginning  "Every  person  who,  by  seine,"  adding  a  proviso,  and, 
after  this  proviso,  two  new  sentences,  reading,  "provided,  that  it 
shall  be  permissible  to  use  or  set  any  sturgeon-gear  which  will  pro- 
tect fish  by  catching  sea-lions  and  other  fish-destroying  animals; 
such  gear  to  consist  of  hooks  made  from  not  larger  than  number 
three,  nor  smaller  than  number  five,  wire  or  forged  iron,  standard 
measurement.  Permission  to  set  or  use  said  hooks  shall  only 
be     "ranted     by     the     state     board     of     fish     commissioners,     and 


365  REGULATING  USE  OF  NETS,  LINES  AND  SEINES.  §  636 

upon  the  payment  to  them  of  an  annual  license  of  ten  dollars. 
Every  person  who  shall  set.  use,  or  cause  to  be  set  or  used,  or 
assist  in  the  same,  except  as  provided  herein,  is  guilty  of  a  misde- 
meanor"; (,3)  changing  the  sentence  beginning  "Every  person  con- 
victed" to  read,  "Every  person  convicted  of  a  violation  of  any  of 
the  provisions  of  this  chapter  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars,  and  not  more  than  five  hundred  dol- 
lars, or  imprisonment  in  the  county  jail  of  the  county  where  the 
offense  was  committed  for  not  less  than  sixty  days  nor  more  than 
twelve  months,  or  by  both  sucli  fine  and  imprisonment";  (4)  in  sen- 
tence beginning  "One  third,"  adding  "the"  before  "informer"; 
(o)  in  sentence  beginning  "The  board  of  supervisors,"  changing 
"beginning  or  ending"  to  "beginning  and  ending." 

7.  Amended  by  Stats.  1895,  p.  262,  (1)  adding  a  new  sentence 
after  the  first,  which  read,  "Any  net  shall  be  considered  a  set-net 
when  fastened  in  any  way  to  a  fixed  or  stationary  object"; 
(2)  after  the  first  sentence  beginning  "Every  person  who  shall 
cast,"  changing  tlie  section  to  read,  "Every  person  who  shall  cast, 
extend,  set,  use,  or  continue,  or  who  shall  assist  in  casting,  extending, 
using,  or  continuing  'Chinese  shrimp  or  bag  nets,'  or  nets  of  similar 
character,  for  the  catching  of  fish  in  the  waters  of  this  state,  is 
guilty  of  a  misdemeanor.  Every  person  who  shall  cast,  extend, 
set,  use,  or  continue,  or  have  in  his  possession,  or  who  shall  assist 
in  casting,  extending,  using,  or  continuing  'Chinese  sturgeon-lines,' 
or  lines  of  similar  character,  is  guilty  of  a  misdemeanor.  Every 
person  who,  by  seine  or  other  means,  shall  catch  the  young  fish 
of  any  species,  and  who  shall  not  return  the  same  to  the  wate,r 
immediately  and  alive,  or  who  shall  sell  or  offer  for  sale  any  such 
fish,  fresh  or  dried,  is  guilty  of  a  misdemeanor.  Any  person  found 
guilty  of  a  violation  of  any  of  the  provisions  of  this  section  shall 
be  fined  in  a  sum  not  less  than  one  hundred  dollars,  or  be  impris- 
oned in  the  county  jail  in  the  county  in  which  the  conviction  shall 
be  had  not  less  than  one  hundred  days,  or  be  punished  by  both  such 
fine  and  imprisonment.  Nothing  in  this  chapter  shall  prohibit  the 
United  States  fish  commissioners,  or  the  fish  commissioners  of  the 
state,  from  taking  such  fish  as  they  deem  necessary  for  tlie  purpose 
of  artificial  hatching  at  all  times." 

8.  Amended  by  Stats.  1897,  p.  349,  and  differed  from  the  amend- 
ment of  1909,  having,  (1)  in  first  line,  "or  set  any  seine"  instead  of 
"or  use  any  seine";  (2)  "extend,  set,  use,  or  continue,"  instead  of 
"extend,  or  use,  or  continue,"  in  second  instance;  (3)  "net  of  similar" 
instead  of  "net  of  a  similar,"  in  first  instance;  (4)  not  having  "set- 
lines"  after  "Chinese  sturgeon-lines"  nor  after  "set-net";  (5)  "'fish 
commissioners'  fund'"  instead  of  "'fish  commission  fund,'"  afend 
of   section. 

9.  Amended  by  Stats.  1909,  p.  521,  to  read:  "Every  person  who 
shall  cast,  extend,  or  use  any  seine,  or  net  of  any  kind,  for  the 
catching  of  any  fish  in  any  river,  stream  or  slough  of  this  state, 
which  shall  extend  more  than  one-third  across  the  width  of  said 
river,  stream,  or  slough  at  the"  time  and  place  of  such  fishing;  every 
person  who  shall  cast,  extend,  or  use,  or  continue,  or  who  shall  assist 
in  casting,  extending,  using,  or  continuing,  "Chinese  shrimp  or  bag 
net,"  or  a  net  of  a  similar  character,  for  the  catching  of  fish  in  the 
waters  of  this  state;  every  person  who  shall  cast,  extend,  set,  use, 
or  continue,  or  have  in  his  possession,  or  who  shall  assist  in  casting, 
extending,  or  using  "Chinese  sturgeon-lines,"  set-lines,  or  lines  of 
a  similar  character;  every  person  who  shall  set,  use  or  continue, 
or  shall  assist  in  setting,  using,  or  continuing,  any  pound,  weir,  set- 


§  63G  PENAL   CODE.  36G 

not,  si't-liiic.  tian.  nr  any  ollici'  fixed  or  jKM'iiiaiu'iif  coiil  ri  \a  iico  for 
ciitt'iiiiiir  fisli  ill'  llic  \\a1i'rs  of  lliis  state — and  every  net  sliall  lie 
coiisidiM'ed  a  set-iiel  1lial  is  seenred  in  any  way  and  not  free  to 
drift  witli  the  eurreiit  or  tide— is  gviiltj'  of  a  inisdomeanor,  and  is 
jHinishable  by  a  fine  of  not  less  than  one  hundred  dollars,  or  V)y 
imprisonment  in  the  county  jail  in  the  county  in  wliieli  the  convic- 
tion shall  be  had,  not  less  than  fifty  days,  or  by  both  such  fine  and 
imprisonment;  and  all  tlio  fines  imjiosed  and  collected  for  any  viola- 
tion of  any  of  the  jirovisions  of  this  section  shall  be  i)aid  into  the 
fish  commission  fund." 

10.  Amended  by  Stats.  1911,  p.  564,  to  read:  "Hvery  person  who 
shall  east,  extend  or  use,  or  continue,  or  who  shall  assist  in  casting, 
extending,  using  or  continuing  any  "Chinese  shrimp  or  bag  net," 
or  a  net  of  a  similar  character,  for  the  catching  of  fi.sh,  shellfish, 
shrimp  or  crabs  in  the  waters  of  this  state;  every  person  who  shall 
cast,  extend,  set,  use,  or  continue,  or  have  in  his  possession,  or  who 
shall  assist  in  casting,  extending  or  using  "Chinese  sturgeon-lines," 
set-lines,  or  lines  of  a  similar  character;  every  person  who  shall  set, 
use,  or  continue,  or  shall  assist  in  setting,  using,  or  continuing,  any 
pound,  weir,  set-net,  set-line,  trap,  "Chinese  shrimp,  or  bag  net,"  or 
any  other  fixed  or  permanent  contrivance  for  catching  fish,  shell- 
fish, shrimps  or  crabs  in  the  waters  of  this  state  except  fyke  nets 
without  wings  used  solely  for  the  purpose  of  catching  cat-fish  above 
tide  water  between  the  fifteenth  day  of  July  and  the  fifteenth  day  of 
June  in  the  year  following — and  every  net  shall  be  considered  a  set 
net  that  is  secured  in  any  way  and  not  free  to  drift  with  the  cur- 
rent or  tide — is  guilty  of  a  misdemeanor,  and  is  punishable  by  a  fine 
of  not  less  than  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  in  the  county  in  which  the  conviction  shall  be  had,  not 
less  than  fifty  days,  or  by  both  such  fine  and  imprisonment;  and  all 
the  fines  imposed  and  collected  for  any  A'iolation  of  any  of  the  pro- 
visions of  this  section  shall  be  paid  into  the  fish  and  game  preser- 
vation fund." 

11.  Amended  by  Stats.  1913,  p.  952,  to  read:  "Every  person  who 
shall  cast,  extend,  or  use,  or  continue,  or  who  shall  assist  in  casting, 
extending,  using,  or  continuing,  any  "Chinese  shrimp  or  bag  net," 
or  a  net  of  similar  character,  for  the  catching  of  fish,  shellfish, 
shrimp,  or  crabs,  in  the  waters  of  this  state ;  every  person  who  shall 
cast,  extend,  set,  use,  or  continue,  or  have  in  his  possession,  or  who 
shall  assist  in  casting,  extending,  or  using  "Chinese  sturgeon  lines," 
set-lines,  or  lines  of  a  similar  character;  every  person  who  shall 
set,  use,  or  continue,  or  shall  assist  in  setting,  using,  or  continuing, 
any  pound,  weir,  set-net,  set-line,  trap,  "Chinese  shrimp  or  bag  net," 
or  any  other  fixed  or  permanent  contrivance  for  catching  fish,  shell- 
fish, shrimp,  or  crabs,  in  the  waters  of  this  state,  shall  be  guilty  of 
a  misdemeanor;  provided,  that  it  shall  be  lawful  to  use  fyke  nets, 
without  wings,  for  the  purpose  of  catching  cat-fish  in  the  San 
Joaquin  river  and  tributaries  between  the  mouth  of  said  river  and 
the  south  boundary  of  San  Joaquin  county,  between  the  first 
day  of  August  and  the  first  day  of  ^June  of  the  year  following;  and 
provided,  that  it  shall  be  lawful  to  use  two-mesh  or  three-mesh  or 
trammel  nets,  the  meshes  of  which,  when  drawn  closely  together 
and  measured  inside  the  knots,  shall  measure  nine  inches  or  more 
in  length,  in  the  waters  of  the  Pacific  Ocean,  outside  of  one  mile 
from  the  shore  line  thereof;  and  provided  further,  that  it  shall  be 
lawful  to  use  two- mesh  or  three-mesh  or  trammel  nets,  the  meshes 
of  which  when  drawn  closely  together  and  measured  inside  the  knots, 
shall  measure  seven  and  one-half  inches  or  more  in  length,  in  the 
waters  of  Monterey  bay,  outside   of  one  mile   from  the  shore  line 


367      USE  OF   PARANZELLA    OR   TRAWL   NET.      PENALTY.       §  6361/2 

thereof,  ami  outside  of  existing  fish  and  animal  reservations  and 
outside  of  an  imaginary  line  in  said  bay,  drawn  from  the  outer  end 
of  the  Moss  Landing  wharf  just  south  of  the  mouth  of  Elkhorn 
slough,  northerly  and  westerly  to  .Point  Santa  Cruz;  and  provided 
further,  that  no  person  shall  cast,  extend  or  use  any  two-mesh  or 
three-mesh  or  trammel  net  and  permit  such  net  to  remain  in  a  fixed 
or  set  condition  for  a  period  of  time  of  more  than  six  hours  from 
the  time  of  casting,  extending  or  setting  such  net,  without  taking 
up  such  net  and  removing  any  fish  that  may  have  been  taken 
therein. 

For  the  purposes  and  in  the  meaning  of  this  section,  every  net 
shall  be  considered  a  set-net  that  is  secured  in  any  way  and  is  not 
free  to  drift  with  the  current  or  tide. 

Any  person  violating  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  dollars,  or  by  impris- 
onment in  the  county  jail  in  the  county  in  which  conviction  shall 
be  had,  not  less  than  fifty  days,  or  by  both  such  fine  and  imprison- 
ment; and  all  fines  or^  forfeitures  imposed  and  collected  for  any 
violation  of  any  of  the  provisions  of  this  section  shall  be  paid  into 
the  state  treasury  to  the  credit  of  the  fish  and  game  preservation 
fund." 

12.  Amended  by  Stats.  1915,  p.  606. 

§  636|.  Use  of  paranzella  or  trawl  net.  Penalty.  Every 
person  who,  at  any  time  shall  east,  extend,  set,  draw,  use 
or  continue  or  assist  in  casting,  extending,  setting,  draw- 
ing, using  or  continuing  any  paranzella  or  trawl  net,  for 
catching  fish,  shellfish,  shrimp  or  crabs  in  the  waters  of  the 
State  of  California  or  has  such  nets  in  possession  in  fish 
and  game  district  nineteen,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  punishable  by  a  fine  of  not  less 
than  three  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  in  the  county  in  which  the  conviction  shall  be 
had,  not  less  than  one  hundred  and  fifty  days,  or  by  both 
such  fine  and  imprisonment ;  and  all  fines  and  forfeitures  im- 
posed and  collected  for  any  violation  of  any  of  the  provi- 
sions of  this  section  shall  be  paid  into  the  state  treasury  to 
the  credit  of  the  fish  and  game  preservation  fund.  [Amend- 
ment approved  1915;  Stats.  1915,  p.  298.] 

Legislation  §  6361/2.  1.  Added  by  Stats.  1913,  p.  979,  and  then 
read:  "Every  person  who  at  any  time  shall  cast,  extend,  set,  draw, 
use,  or  continue  or  assist  in  casting,  extending,  setting,  drawing, 
using,  or  continuing  any  paranzella  or  trawl  net,  for  catching  fish, 
shell-fish,  shrimp,  or  crabs  in  the  waters  of  fish  and  game  district  6  or 
in  the  waters  of  Monterey  bay  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shaH  be  punishable  by  a  fine  of  not  less  than  two 
hundred  and  fifty  dollars,  or  by  imprisonment  in  the  county  jail  in 
the  county  in  which  the  conviction  shall  be  had,  not  less  than  one 
hundred  and  twenty-five  days,  or  by  both  such  fine  and  imprison- 
ment; and  all  the  fines  and  forfeitures  imposed  and  collected  for 
any  violation  of  any  of  the  provisions  of  this  section  shall  be  paid 
into  the  state  treasury  to  the  credit  of  the  fish  and  game  preserva- 
tion fund." 

2.  Amended  by  Stats.  1915,  p.  298. 


5?  <).'?7  PENAL    CODE.  368 

§  636a.  Nets,  seines,  etc.,  prohibited.  Any  net,  seine, 
drag-net,  paranzolla,  or  set-net  used  lor  taking  or  catching 
fish,  which  sliall  be  used  or  maintained  in  any  of  the  waters 
of  this  state  in  violation  of  any  existing  or  hereafter  en- 
acted statutes  or  laws  of  this  state  for  the  protection  of  fish, 
is  hereby  declared  to  be  a  public  nuisance,  and  it  is  the  duty 
of  every  peace-officer  to  seize  and  keep  the  same  and  report 
such  seizure  to  the  board  6i  fish  commissioners  of  the  state. 
Thereupon  said  board  must  connnence  proceedings  in  the 
superior  court  of  the  county  or  city  and  county  in  which 
the  same  shall  be  seized,  by  filing  a  petition  in  said  court, 
asking  for  a  judgment  forfeiting  such  net,  seine,  drag-net, 
paranzella,  or  set-net  so  seized,  and  ordering  the  destruction 
thereof.  Upon  the  filing  of  such  petition,  it  is  the  duty  of 
the  clerk  of  said  court  to  fix  a  time  for  the  hearing  thereof 
and  to  cause  notices  to  be  posted  for  the  space  of  fourteen 
days  in  at  least  three  public  places  in  the  town,  city,  or 
city  and  county,  where  the  court  is  held,  setting  forth  the 
substance  of  such  petition  and  the  time  and  place  fixed  for 
its  hearing,  and  if  at  the  time  fixed  for  such  hearing,  no 
person  appears  and  claims  such  net,  seine,  drag-net,  paran- 
zella, or  set-net,  the  court  must  proceed  to  hear  and  deter- 
mine said  proceeding  according  to  law,  and  upon  proof  that 
the  said  net,  seine,  drag-net,  paranzella,  or  set-net  was  used 
in  violation  of  law,  must  order  the  same  to  be  forfeited  and 
destroyed. 

Legislation  §  636a.     Added  by  Stats.  1901,  p.  5G. 

§  636b.     Seining-  in  Mokelumne   river  prohibited.     Any 

person  who,  in  the  waters  of  Mokelumne  river  in  the  state 
of  California,  shall  use  any  weir,  dam,  net,  trap  or  seine  of 
any  description,  for  the  purpose  of  catching  fish  or  who 
shall,  in  these  waters,  take  any  fish  from  any  weir,  dam, 
net,  trap  or  seine  is  guilty  of  a  misdemeanor  and  is  punish- 
able by  a  fine  of  not  less  than  ten  dollars  nor  more  than 
fifty  dollars,  or  shall  be  imprisoned  in  the  county  jail  in 
which  the  conviction  shall  be  had  for  not  less  than  five  days 
or  more  than  twenty-fivQ^days  or  by  both  such  fine  and  im- 
prisonment ;  and  all  fines  imposed  and  collected  from  any 
violation  of  any  of  the  provisions  of  this  section  shall  be 
paid  into  the  state  treasury  to  the  credit  of  the  "fish  com- 
mission fund." 

Legislation  §  636b.     Added  by  Stats.  1911,  p.  812. 

§  637.  Fishways  provided  over  or  around  dams.  To  be 
kept  free  from  obstructions.  Penalty  for  violation.  Hear- 
ing on  necessity  for  fishw^ay.     Witnesses.     Depositions.     It 


360  PROVIDING  P^ISHWAYS  OVER  OR  AROUND  DAMS.  §  637 

shall  be  the  duty  of  the  state  board  of  fish  and  game  commis- 
sioners to  examine,  from  time  to  time,  all  dams  and  artificial 
obstructions  in  all  rivers  and  streams  in  this  state  naturally 
frequented  by  salmon,  shad  and  other  fish;  and  if,  in  their 
opinion,  there  is  not  free  passage  for  fish  over  and  around 
any  dam  or  artificial  obstruction,  to  notify  the  OAvners  or 
occupants  thereof  to  provide  the  same,  within  a  specified 
time,  with  a  durable  and  efficient  fishway,  of  such  form  and 
capacity,  and  in  snch  location  as  shall  be  determined  by 
the  state  board  of  fish  and  game  commissioners,  or  persons 
authorized  by  them,  and  such  fishway  must  be  completed 
by  the  owners  or  occupants  of  such  dam  or  artificial  ob- 
struction to  the  satisfaction  of  said  commissioners,  within 
the  time  specified ;  and  it  shall  be  incumbent  upon  the  own- 
ers or  occupants  of  all  dams  or  artificial  obstructions,  where 
the  state  board  of  fish  and  game  commissioners  require  such 
fishways  to  be  provided,  to  keep  the  same  in  repair  and  open 
and  free  from  obstructions  to  the  passage  of  fish  at  all  times ; 
and  no  person  shall  willfully  destroy,  injure,  or  obstruct 
any  such  fishway,  or  at  any  time  take  or  catch  any  salmon, 
shad,  or  other  fish  or  trout,  within  one  hundred  and  fifty 
feet  of  any  fishway  required  by  the  state  board  of  fish  and 
game  commissioners  to  be  provided  and  kept  open ;  pro- 
vided, that  the  owners  or  occupants  of  any  dam  or  artificial 
obstruction  shall  allow  suf^cient  M'ater  at  all  times  to  pass 
through  such  fishway  to  keep  in  good  condition  any  fish 
that  may  be  planted  or  exist  below  said  dam  or  obstruction ; 
provided,  further,  that  during  the  minimum  flow  of  water 
in  any  river  or  stream  permission  may  be  granted  by  the 
state  board  of  fish  and  game  commissioners  to  allow  the 
owners  or  occupants  of  any  dam  or  artificial  obstruction 
to  allow  sufficient  water  to  pass  through  a  culvert,  waste 
gate,  or  over  or  around  the  dam,  to  keep  in  good  condition 
any  fish  that  may  be  planted  or  exist  below  said  dam  or 
artificial  obstruction,  when  in  the  judgment  of  the  state 
board  of  fish  and  game  commissioners  it  is  impracticable  to 
pass  the  water  through  the  fishway  to  the  detriment  of  the 
owner  or  occupant  thereof;  and  every  person  found  guilty 
of  a  violation  of  any  of  the  provisions  of  this  act  must  be 
fined  in  a  sum  not  less  than  one  hundred  and  fifty  dollars 
or  imprisonment  in  the  county  jail  of  the  county  in  which 
the  conviction  shall  be  had,  not  less  than  one.  hundred  days, 
or  by  both  such  fine  and  imprisonment ;  and  all  fines  and 
forfeitures  imposed  and  collected  for  any  violation  of  this 
act  shall  be  paid  into  the  state  treasury  to  the  credit  of 
the  fish  and  game  preservation  fund.     After  making  any 

Pen.  Code — 24 


§  637  PENAL    CODE.  370 

order  to  place  and  iiiaiiitaiij-sucli  la(l(l(>r,  the  state  board  of 
fish  and  game  commissionci-s  sliall,  wlien  ]-ef(uested  by  tlie 
owners  or  parties  in  cliargc,  fix  a  time  and  place,  in  the 
county  in  which  the  dam  or  artificial  obstruction  is  situated, 
for  the  taking  of  evidence  upon  the  question  of  the  neces- 
sity  of  placing   and   maintaining   such   ladder,    and   cause 
notices  in  writing  of  such  time  and  place  to  be  served  upon 
the  owners  or  persons  in  charge  of  such  dam  or  artificial 
obstruction.     At  least  ten  days  before  the  day  sot  for  the 
hearing,  and  at  such  time  and  place,  testimony  under  oath 
shall  be  taken,  both  on  the  part  of  the  state  board  of  fish 
commissioners  and  the  owner  or  person  in  charge  of  such 
dam  or  artificial  obstruction,  if  such  owner  or  person  in 
charge  appears  and  offers  evidence,  and  thereupon  the  state 
board  of  fish  commissioners  from  the  evidence  offered  shall 
determine  whether  or  not  the  necessity  for  the  placing  and 
maintaining  a  ladder  on  such  dam  or  artificial  obstruction 
is  shown,  and  if  shown  to  be  required  and  necessary,  said 
state  board  of  fish  commissioners  may  direct  and  order  the 
placing  and  maintaining  such  ladder.     Such  order  to  also 
fix  the  point  where  the  ladder  is  to  be  placed  and  main- 
tained, and  a  certified  copy  of  such  order  to  be  served  upon 
the  owners  or  parties  in  charge  of  such  dam  or  artificial 
obstruction.     The  evidence  in  any  investigation,  inquiry  or 
hearing,  provided  by  this  section,  may  be  taken  by  any  of 
the  members  of  the  board  of  fish  and  game  commissioners, 
or  such  deputy  fish  and  game  commissioner,  or  employee,  as 
the  board  may  designate  to  take  such  evidence,  and  each 
member  of  the  board  and  any  of  its  deputies  and  employees 
designated  to  take  evidence  at  the  hearing  provided  hereby 
shall  have  the  power  to   administer  oaths,  take  affidavits 
and  issue  subpoenas  for  the  attendance  of  witnesses  at  such 
hearings.     Each  witness,  legally  subpoenaed,  attending  at 
a  hearing,  shall  receive  for  his  attendance  the  same  fees  and 
mileage  allowed  by  law  to  a  witness  in  civil  cases,  which 
amount  shall  be  paid  by  the  party  at  whose  request  such 
witness  is  subpoenaed.     The  superior  court  in  and  for  the 
county,  or  city  and  county,  in  which  any  inquiry,  investiga- 
tion, hearing  or  proceeding  may  be  held  under  authority 
of  this  section  shall  have  the  power  to  compel  the  attend- 
ance of  witnesses,  the  giving  of  testimony  and  the  produc- 
tion of  papers,  as  required  by  any  subpoena  issued  under 
authority   of  this   section.     The   commission   or   represent- 
ative of  the  commission  before  whom  the  testimony  is  to  be 
given  or  produced,  in  case  of  the  refusal  of  any  witness  to 
attend  or  testify  or  produce  any  papers  required  by  such 
subpoena,  may  report  to  the  superior  court  in  and  for  the 


371  PROVIDING  FISHWAYS  OVER  OR  AROUND  DAMS.  §  637 

county,  or  city  and  county,  in  -which  the  proceeding  is 
pending-,  by  petition,  setting  forth  that  due  notice  has  been 
given  of  the  time  and  place  of  attendance  of  said  witnesses, 
or  the  production  of  said  papers,  and  that  the  -witness  has 
been  summoned  in  the  manner  prescribed  in  this  act,  and 
that  the  -^vitncss  has  failed  and  refused  to  attend  or  pro- 
duce the  papers  required  by  the  subpoena,  before  the  com- 
mission or  its  representative,  in  the  cause  or  proceeding 
named  in  the  notice  and  subpoena,  or  has  refused  to  answer 
questions  propounded  to  him  in  the  course  of  such  proceed- 
ing, and  ask  an  order  of  said  court,  compelling  the  witness 
to  attend  and  testify  or  produce  said  papers  before  the 
commission  or  its  representative.  The  court,  upon  the 
petition  of  the  commission  or  its  reiDresentative,  shall  enter 
an  order  directing  the  witness  to  appear  before  the  court  at 
a  time  and  place  to  be  fixed  by  the  court  in  such  order,  the 
time  to  be  not  more  than  ten  days  from  the  date  of  the 
order,  and  then  and  there  show  cause  why  he  has  not  at- 
tended and  testified  or  produced  said  papers  before  the 
commission  or  its  representative.  A  copy  of  said  ordei' 
shall  be  served  upon  said  witness.  If  it  shall  appear  to  the 
court  that  said  subpoena  was  regularly  issued  by  the  com- 
mission or  its  representative,  the  court  shall  thereupon  enter 
an  order  that  said  witness  appear  before  the  commission 
or  its  representative  at  the  time  and  place  fixed  in  said 
order,  and  testify  or  produce  the  required  papers,  and  upon 
failure  to  obey  said  order,  said  witness  shall  be  dealt  with 
as  for  contempt  of  court. 

The  commission  or  its  representative  or  any  party  may,  in 
any  investigation  or  hearing  before  the  commission  or  its 
representative,  cause  the  deposition  of  witnesses  residing 
within  or  without  the  state  to  be  taken  in  the  manner  pre- 
scribed by  law  for  like  depositions  in  civil  action  in  the  su- 
perior courts  of  this  state  and  to  that  end  may  compel  the 
attendance  of  witnesses  and  the  production  of  documents 
and  papers.  [Amendment  approved  1915 ;  Stats.  1915, 
p.  820.] 

Legislation  §  637.  1.  Enacted  February  14,  1872,  aud  then  read: 
"637.  Every  owner  of  a  dam  or  other  construction  in  the  waters 
of  this  state,  who,  after  being  requested  by  the  fish  commissioners 
so  to  do,  fails  to  construct  and  keep  in  repair  sufficient  fishways  or 
ladders  on  such  dam  or  obstruction,  is  guilty  of  a  misdemeanor." 
2.  Amended  by  Stats.  1891,  p.  93,  to  read:  "Section  1.  637.  Every 
owner  of  a  dam  or  other  obstruction  in  any  running  water  of  this 
state,  who,  after  being  ordered  and  notified  by  the  fish  commission- 
ers to  construct  a  fish-ladder  on  or  to  repair  a  fish-ladder  already 
constructed  on  such  dam  or  other  obstruction  according  to  the  plans 
of  the  fish  commissioners,  fails  to  construct  or  repair  such  fish- 
ladder,  within  thirty  days  after  such  notice,  is  guilty  of  a  misde- 


§  6371/2  PKNAI.    CODE.  372 

iiic.-iiKir.  and  iipmi  ininii'lion  shnll  jui}'  si  (iiic  of  not  less  (liaii  fifty 
ilollius  nor  itioro  tliaii  two  liundrod,  or  I'.v  iinprisonnRMit  in  the 
couiify  Jail  in  wliit'h  such  conviction  is  had  of  not  less  tlian  twenty- 
five  days  nor  more  than  one  hundred  days.  2.  One  half  of  all 
moneys  collected  as  fines  for  violations  of  the  jjrovisions  of  this 
act  shall  be  })aid  to  the  informer,  one  fourth  to  the  district  attorney 
of  the  county  where  the  conviction  is  secured,  and  the  remaining 
one  fourth  shall  be  paid  to  the  state  board  of  fish  commissioners 
of  this  state,  to  be  by  them  used  for  the  purposes  and  in  conform- 
ity of  'An  Act  to  authorize  tiie  state  board  of  fish  commissioners 
to  import  game-birds  into  the  state  for  propagation,'  approved 
March  sixteenth,  eighteen  hundred  and  eighty-nine." 

3.  Amendment  by  Stats.  1901,  p.  470;  unconstitutional.  See  note, 
§  5,  ante. 

■i.  Amended  by  Stats.  1903,  p.  2."),  that  part  of  the  amendment 
relating  to  the  obstruction  or  destruction  of  fishways  or  fish-ladders 
being  an  adoption  of  the  code  commissioners'  unconstitutional 
§  637a  in  1901.  The  amendment  read:  "It  shall  be  the  duty  of  the 
state  board  of  fish  commissioners  to  examine,  from  time  to  time, 
all  dams  and  artificial  obstructions  in  all  rivers  and  streams  in  this 
state  naturally  frequented  by  salmon,  shad,  and  other  migratory 
fish;  and  if,  in  their  opinion,  there  is  not  free  passage  for  fish 
over  or  around  any  dam  or  artificial  obstruction,  to  notify  the  own- 
ers or  occupants  thereof  to  provide  the  same,  within  a  specified 
time,  with  a  durable  and  eificient  fishway,  of  such  form  and  capa- 
city, and  in  such  location  as  shall  be  determined  by  the  fish  com- 
missioners, or  persons  authorized  by  them,  and  such  fishway  must 
be  completed  by  the  owners  or  occupants  of  such  dam  or  artificial 
obstruction  to  the  satisfaction  of  said  commissioners,  within  the 
time  specified;  and  it  shall  be  incumbent  upon  the  owners  or  occu- 
pants of  all  dams  or  artificial  obstructions,  where  the  state  board 
of  fish  commissioners  require  such  fishways  to  be  provided,  to  keep 
the  same  in  repair  aud  open  and  free  from  obstructions  to  the 
passage  of  fish  at  all  times;  and  no  person  shall  willfully  destroy, 
injure,  or  obstruct  any  such  fishway,  or  at  an}'  time  take  or  catch 
any  salmon,  shad,  or  other  migratory  fish  or  trout,  except  by  hook 
and  line  within  three  hundred  feet  of  any  fishway  required  by  the 
state  board  of  fish  commissioners  to  be  provideci  and  kept  open,  or 
at  any  time  take  or  catch  any  such  fish  in  any  manner  within  fifty 
feet  of  such  fishway;  and  every  person  violating  any  of  the  provi- 
sions of  this  act  is  guilty  of  a  misdemeanor,  and  every  person  found 
guilty  of  a  violation  of  any  of  the  provisions  of  this  act  must  be 
fined  in  a  sum  not  less  than  one  hundred  dollars,  or  imprisoned  in 
the  county  jail  of  the  county  in  which  the  conviction  shall  be  had 
not  less  than  fifty  days,  or  by  both  such  fine  and  imprisonment;  and 
all  fines  imposed  and  collected  for  any  violations  of  the  provisions 
of  this  act  shall  be  paid  into  the  state  treasury  to  the  credit  of  the 
'fish  commission  fund.'  " 

5.  Amended  by  Stats.  1915,  p.  820. 

§  637|.  Predatory  animals.  Where  the  words  "preda- 
tory animals"  occur  in  this  chapter,  the  following  animals 
only  shall  be  considered  predatory  animals :  The  order  In- 
sectivora  (moles,  shrews),  the  family  Canidae  (wolves, 
coyotes,  foxes),  the  family  Procyonidae  (ringtail  cats, 
coons),  the  family  Mustelidae  (martins,  fishers,  wolverines, 
weasels,    minks,     skunks,    badgers),    the    family    Felidae 


373  PROTECTION    OF    WILD    BIRDS.       GAME    BIRDS.  §  637a 

(cougars,  wild  cats),  the  order  Rodentia  (rats,  mice, 
gophers),  except  the  families  Sciufidae  and  Petauristidae 
(tree  squirrels,  flying  squirrels)  ;  and  the  following  species 
of  birds;  blue  jays,  English  or  European  house-sparrow, 
great-horned  owl,  sharp-shinned  hawk,  Cooper's  hawk, 
duck  hawk  and  house-finch,  commonly  known  as  California 
linnet. 

Legislation  §  6371/2-     Added  by  Stats.  1915,  p.  68. 

§637a.    Protection  of  wild  birds.     Game-birds  enumer- 
ated.    Every  person  in  the  state  of  California  who  shall  at 
any  time  kill  or  catch,  or  have  in  his  possession,  living  or 
dead,  any  wild  bird  other  than  a  game-bird,  or  who  shall 
purchase,  offer  or  expose  for  sale,  transport  or  ship  within 
or  out  of  the  state,  any  such  wild  bird  after  it  has  been 
killed  or  caught,  except  as  permitted  by  this  act,  shall  be 
guilty  of  a  misdemeanor.     No  part  of  the  plumage,  skin 
or  body  of  any  bird  protected  by  this  section  shall  be  sold 
or  had  in  possession  for  sale,  irrespective  of  whether  said 
bird  was  captured  or  killed  within  or  without  the  state. 
For  the  purposes  of  this  act  the  following  only  shall  be  con- 
sidered   game-birds:    The    anatidae    commonly    known    as 
swans,  geese,  brant  and  river  and  sea  ducks ;  the  Rallidae, 
commonly  known  as  rails,  coots,  mud-hens  and  gallinules ; 
the  Limicolae,  commonly  known  as  shore-birds,  plover,  surf- 
birds,  snipe,  sandpipers,  tattlers,  and  curlews ;  the  Gallinae, 
commonly  know^n  as  wild  turkeys,  grouse,  prairie-chickens, 
pheasants,  partridges,  and  quails ;  and  the  species  of  Colum- 
bidae,  known  as  wild  pigeons  and  doves.    All  other  species  of 
wild  birds  either  resident  or  migratory  shall  be  considered 
non-game  birds;  provided,  that  the  English   or  European 
house-sparrow,  the    great-horned  owl,  sharp-shinned  hawk, 
Cooper's    hawk,    duck-hawk,    butcher-bird,    blue   jay,    and 
house-finch,  commonly  known  as  the  California  linnetj  are 
■  not  included  among  the  birds  protected  by  this  act;  pro- 
vided further,  that  nothing  in  this  section  shall  prohibit 
the  killing  of  a  meadow-lark,  robin,  or  other  Avild  bird  by 
the  owner  or  tenant  of  any  premises  where  such  bird  is 
found  destroying  berries,  fruit  or  crops  grooving  on  such 
premises,  but  the  birds  so  killed  shall  not  be  shipped  or 
sold ;  and  nothing  in  this  act  shall  prevent  a  citizen  of  Cali- 
fornia from  taking  or  keeping  any  wild  non-game  bird  as 
a  domestic  pet  if  such  bird  shall  not  be  sold  or  offered  for 
sale,  or  transported  out  of  the  state,  a  permit  to  keep  the 
same  having  first  been  obtained  from  the  state  board  of  fish 
commissioners.      [Amendment  approved  1909;  Stats.  1909, 
p.  935.] 


§  G37b  PENAL   CODE.  374 

Legislation  §  637a.  1.  Added  by  Stats.  1901,  p.  573,  and  read: 
"Every  person  who  in  the  state  of  Calil'ornia  shall  at  any  time 
hunt,  shoot,  shoot  at,  pursue,  take,  lull,  or  destroy,  buy,  sell,  give 
away,  or  have  in  his  jiossession  except  upon  a  written  permit  from 
the  board  of  fish  commissioners  of  the  state  of  California  for  the 
purpose  of  propagation  or  for  educational  or  scientific  purposes, 
any  meadow-lark  or  any  part  of  the  skin,  skins  or  plumage  thereof, 
or  who  shall  rob  the  nest  or  take  or  destroy  the  eggs  of  any 
meadow-lark,  shall  be  guilty  of  a  misdemeanor;  provided,  that  noth- 
ing in  this  section  shall  prohibit  the  killing  of  a  meadow-lark  by 
the  owner  or  tenant  of  any  premises  where  such  bird  is  found 
destroying  berries,  fruits,  or  crojts,  growing  on  such  premises." 

2.  Amended  by  Stats.  1905,  p.  114,  to  read:  "Every  person  who, 
in  the  state  of  California,  shall  at  any  time,  hunt,  shoot,  shoot  at, 
pursue,  take,  kill,  or  destroy,  buy,  sell,  give  away,  or  have  in  his 
possession,  except  upon  a  written  permit  from  the  board  of  fish 
commissioners  of  the  state  of  California,  for  the  purpose  of  propa- 
gation or  for  education  or  scientific  purposes,  any  meadow-lark,  or 
any  wild  bird,  living  or  dead,  or  any  part  of  any  dead  wild  bird, 
or  who  shall  rob  the  nest,  or  take,  sell  or  offer  for  sale  or  destroy 

,  the  eggs  of  any  meadow-lark  or  of  any  wild  bird,  is  guilty  of  a 
misdemeanor;  provided,  that  nothing  in  this  section  shall  prohibit 
the  killing  of  a  meadow-lark  or  other  wild  bird  by  the  owner  or 
tenant  of  any  premises  where  such  bird  is  found  destroying  berries, 
fruit  or  crops  growing  on  such  premises,  but  the  birds  so  killed 
shall  not  be  shipped  or  sold.  T.he  English  sparrow,  sharp-shinned 
hawk,  Cooper's  hawk,  duck-hawk,  great-horned  owl,  blue  jay,  house- 
finch  (known  also  as  the  California  linnet),  and  all  birds  otherwise 
protected  by  the  provisions  of  this  code,  and  those  birds  commonly 
known  as  game  birds,  are  not  included  among  the  birds  protected 
by  this  section." 

3.  Amended  by  Stats.  1907,  p.  762,  to  read:  "Every  person  who, 
in  the  state  of  California,  shall  at  any  time,  hunt,  shoot,  shoot  at, 
pursue,  take,  kill,  or  destroy,  buy,  sell,   give  away,  or  have  in  his 

I  possession,  except  upon  a  written  permit  from  the  board  of  fish 
commissioners  of  the  state  of  California,  for  the  purpose  of  propaga- 
tion or  for  the  education  or  scientific  purposes,  any  meadow-lark, 
robin,  or  any  wild  bird,  living  or  dead,  or  any  part  of  any  dead 
wild  bird,  or  who  shall  rob  the  nest,  or  take,  sell  or  offer  for  sale 
or  destroy  the  eggs  of  any  meadow-lark,  robin,  or  of  any  wild  bird, 
is  guilty  of  a  misdemeanor;  provided  that  nothing  in  this  section 
shall  prohibit  the  killing  of  a  meadow-lark,  robin,  or  other  wild 
bird  by  the  owner  or  tenant  of  any  premises  where  such  bird  is 
found  destroying  berries,  fruit  or  crops  growing  on  such  premises, 
but  the  birds  so  killed  shall  not  be  shipped  or  sold.  The  English 
sparrow,  sharp-shinned  hawk.  Cooper's  hawk,  duck-hawk,  great- 
borned  owl,  blue  jay,  butcher-bird,  house-finch  (known  also  as  the 
California  linnet),  wild  pigeon,  all  fish-eating  birds,  except  sea-gulls 
and  the  blue  and  white  crane  or  heron,  and  all  birds  otherwise  pro- 
tected by  the  provisions  of  this  code,  are  not  included  among  the 
birds  protected  by  this  section." 

4.  Amended  by  Stats.  1909,  p.  QS.l.  The  code  commissioners,  in 
1901,  added  a  section  numbered  (i37a  (as  to  which,  see  supra,  Legis- 
lation §637);     unconstitutional.     See    note,  §  5,    ante. 

§  637b.  Application  of  prohibition.  The  provisions  of 
tlis,  ehaptoi'  prolul)iting  any  person  from  having  in  his  pos- 
session any  fish  or  game  or  parts  thereof  at  any  time,  or 


375  SEALS.      TRANSPORTING  NON-GAME  BIRDS.  §  637e 

during  the  seasons  herein  specified,  shall,  unless  express  pro- 
visions be  made  herein  to  the  contrary,  apply  to  all  such 
fish  or  game  or  parts  thereof,  whether  the  said  fish  or  game 
or  the  fish  or  game  from  which  the  parts  were  taken  were 
caught  or  killed  in  the  state  of  California,  or  the  said  fish 
or  game  or  parts  thereof  Avere  shipped  into  this  state  from 
any  other  state,  territory  or  foreign  country. 
Legislation  §  637b.     Added  by  Stats,  1907,  p.  762. 

§  637c.     Seals  in  Santa  Barbara  Channel,  protection  of. 

Every  person  who  shoots  or  otherwise  kills,  destroys, 
wounds,  maims,  takes,  captures  or  cripples,  by  seines,  set- 
nets,  nets,  traps,  nets  or  any  other  kincl  of  fixed,  permanent 
or  loose  trap  or  contrivance,  any  seal  or  sea-lion  in  the 
waters  of  the  Santa  Barbara  Channel,  or  on,  near  or  about 
any  lands  adjacent  thereto,  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  is  punishable  by  a  fine  of  not  less 
than  one  hundred  dollars  or  by  imprisonment  in  the  county 
jail  not  less  than  sixty  days,  or  by  both  such  fine  and  im- 
prisonment; provided,  that  the  state  fish  commission  may 
grant  permission  to  any  j)erson  whom  it  deems  fit,  to  kill, 
trap,  net,  or  capture  alive,  seals  or  sea-lions  for  scientific  or 
exhibition  purposes,  the  number  allowed  to  be  killed  or 
captured  to  be  specified  in  said  permit. 

Legislation  §  637c.     Added  by  Stats.  1909,  p.  326. 

§  637d.  Transportation  of  non-game  birds.  Every  per- 
son or  corporation  acting  as  a  common  carrier,  its  officers, 
agents  or  servants,  who  shall  ship,  carry,  take  or  transport 
whether  within  or  beyond  the  confines  of  the  state  any  resi- 
dent or  migratory  non-game  bird,  except  as  permitted  by 
this  code,  shall  be  guilty  of  a  misdemeanor. 
Legislation  §  637d.     Added  by  Stats.  1909,  p.  936. 

§  637e.  Certificates  giving  right  to  take  birds.  Sections 
six  hundred  and  thirty-seven  a,  six  hundred  and  thirty- 
seven  c,  and  six  hundred  and  thirty-seven  d  shall  not  apply 
to  any  person  holding  a  certificate  giving  the  right  to  take 
birds,  their  nests  or  eggs  for  scientific  purposes  only,  as 
hereinafter  provided.  Certificates  may  be  granted  by  the 
board  of  fish  commissioners  to  any  properly  accredited  per- 
son permitting  the  holder  thereof  to  collect  birds,  their 
nests  or  eggs  for  scientific  purposes  only.  All  certificates 
authorized  by  this  act  shall  expire  on  the  thirty-first  day 
of  December  of  the  year  issued,  and  shall  not  be  transfer- 
able. On  proof  that  the  holder  of  such  certificate  has 
killed  any  bird,  or  has  taken  the  nest  or  eggs  of  any  bird 
for   other   than  strictly   scientific   purposes  his   certificate 


§  638  PENAL   COUK.  376 

shall  become  void,  the  birds,  nests  or  eggs  collected  under 
such  certificate  shall  be  forfeited,  and  shall  be  delivered 
by  the  board  of  fish  commissioners  to  some  public  museum 
of  natural  history  in  the  state,  and  the  holder  of  the  cer- 
tificate shall  be  guilty  of  a  misdemeanor. 

Legislation  §  637e.     Added  by  Stats.  1909,  p.  OlUi. 

§  637f.  Protection  of  nests.  Every  person  who  shall 
within  the  state  of  California  take  or  needlessly  destroy, 
or  attempt  to  take  or  destroy  the  nests  or  eggs  of  any  wild 
bird  protected  by  this  code,  or  have  such  nests  or  eggs  in 
his  possession,  except  as  permitted  by  this  code  is  guilty 
of  a  misdemeanor. 

Legislation  §  637f.     Added  by  St:its.  1909,  p.  SJ3G. 

CHAPTER  II. 

Other  and  Miscellaneous  Offenses. 

§  638.  Neglect  or  postponement  of  telegraphic  or  telephonic  mes- 
sages. 

§  639.  Employee  using  information  contained  in  telegraphic  or  tele- 
phonic messages. 

§  640.     Fraudulent  connection  with  telegraph,  etc.,  wires.     Penalty. 

§  641.     Bribing  telegraph  or  telephone  operator. 

§  642.  Collecting  tolls,  etc.,  at  San  Francisco,  without  authority  of 
harbor  commissioners. 

§  643.  Violations  of  the  provisions  of  the  chapter  relating  to  police 
regulations  of  San  Francisco  harbor. 

§  644.     Enticing  seamen  to  desert.      [Repealed.] 

§  645.     Harboring  deserting  seamen.     [Repealed.] 

§  646.     Aiding  apprentices  to  run  away  or  harboring  them. 

§  647.     Who  is  a  vagrant.     Punishment. 

§  648.     Issuing  or  circulating  paper  money. 

§  649.  Officers  of  fire  department  issuing  false  certificates  of  exemp- 
tion. 

§  650.     Sending  letters  threatening  to  expose  another. 

§  650^.  Seriously  injuring  persons  or  property,  etc.,  a  misdemeanor. 

§  65Ga.  Exposure  of  paroled  prisoners  prohibited. 

§  651.     Requiring  wards  or  apprentices  to  work  more  than  eight  hours. 

§  652.  Officer  or  member  of  national  guard  failing  to  attend  parade, 
obey  orders,  or  discharge  duty. 

§  653.  Member  of  national  guard  failing  to  attend  parade,  etc.,  when 
notified. 

§  653i.  Appraisers  of  estates  not  to  accept  fee  or  reward. 

§  653a.   I  No  section   of  this  number.]. 

§  653b.  Abuse  of  school  teachers. 

§  653c.  Unlawful  for»'  state  officer,  agent  of  the  state,  contractor,  or 
subcontractor,  to  permit  workmen  upon  public  works  to 
work  more  than  eight  hours  per  day. 

§  653d.  Retaining  wages  of  employee. 

§  653e.  Blackh'sting  of  former  employees  prohibited.  Penalty.  May 
furnish  truthful  statement. 

§  638.  Neglect  or  postponement  of  telegraphic  or  tele- 
phonic messages.     Evei-y  agent,   operatoi",   or  employee  of 


377  OFFENSES  RELATING  TO  TELEGRAPHS  OR  TELEPHONES.   §  64:0 

any  telegraph  or  telephone  olFfice,  who  willfully  refuses  or 
neglects  to  send  any  message  received  at  such  office  for 
transmission,  or  willfully  postpones  the  same  out  of  its  order, 
or  willfully  refuses  or  neglects  to  deliver  any  message  re- 
ceived by  telegraph  or  telephone,  is  guilty  of  a  misdemeanor- 
Nothing  herein  contained  must  be  construed  to  require  any 
message  to  be  received,  transmitted,  or  delivered,  unless  the 
charges  thereon  have  been  paid  or  tendered,  nor  to  require 
the  sending,  receiving,  or  delivery  of  any  message  counseling, 
aiding,  abetting,  or  encouraging  treason  against  the  govern- 
ment of  the  United  States  or  of  this  state  or  other  resistance 
to  the  lawful  authority,  or  any  message  calculated  to  further 
any  fraudulent  plan  or  purpose,  or  to  instigate  or  encourage 
the  perpetration  of  any  unlawful  act,  or  to  facilitate  the 
escape  of  any  criminal  or  person  accused  of  crime.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  690.] 

Carriers  of  messages:  See  Civ.  Code,  §§  2161,  2162,  2207. 
Legislation  §  638.     1.  Enacted  J'ehruary  14,  1872;  based  on  Stats. 
1862,  p.  289,  §4. 

2.  Amendment  by  Stats.  1901,  p.  477;  unconstitutiona].  Sec  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  690,  (1)  in  first  sentence,  adding 
"or  telephone"  after  "telegraph,"  in  both  instances;  (2)  in  second 
sentence,  changing  "shall  be  constrned"  to  "must  be  construed." 

§  639.  Employee  using'  information  contained  in  tele- 
graphic or  telephonic  messages.  Every  agent,  operator,  or 
employee  of  any  telegraph  or  telephone  office,  who  in  any 
way  uses  or  appropriates  any  information  derived  by  him 
from  any  private  message  passing  through  his  hands,  and 
addressed  to  any  other  person,  or  in  any  other  manner  ac- 
quired by  him  by  reason  of  his  trust  as  such  agent,  operator, 
or  employee,  or  trades  or  speculates  upon  any  such  in- 
formation so  obtained,  or  in  any  manner  turns,  or  attempts 
to  turn,  the  same  to  his  own  account,  profit,  or  advantage, 
is  punishable  by  imprisonment  in  the  state  prison  not  ex- 
ceeding five  years,  or  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  fine  not  exceeding  five  thou- 
sand dollars,  or  by  both  such  fine  and  imprisonment. 
[Amendment  approved  1905;  Stats.  1905,  p.  690.] 

Legislation  §  639.  1.  Enacted  February  14,  187'^;  based  on  Stats. 
1862,  p.  289,  §  3. 

2.  Amendment  by  Stats.  1901,  p.  477;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  690,  (1)  adding  "or  telephone"  after 
"telegraph." 

§  640.  Fraudulent  connection  with  telegraph,  etc.,  wires. 
Penalty.     Every  person  who,  by  means  of  any  machine,  in- 


§  641  PENAL   CODE.  378 

struniciit,  or  conl  ri\ance,  or  in  any  otlicr  inannor,  Avillfully 
and  fraiKluIcntly,  or  clandestinely  taps,  or  makes  any  unau- 
thoi'ized  connection  Avith  any  teleprrapli  or  telei)hone  wire, 
line,  cable,  or  instrument  under  the  control  of  any  tele- 
graph or  telephone  company;  or  who  willfully  and  fi-audu- 
lently,  or  clandestinely,  or  in  any  unauthorized  manner, 
reads,  or  attem])ts  to  read,  or  to  learn  the  contents  or 
meaning  of  any  message,  report,  or  communication  while 
the  same  is  in  transit  or  passing  over  any  telegraph  or 
telephone  wire,  line,  or  cable,  or  is  being  sent  from,  or 
received  at  any  place  within  the  state;  or  who  uses,  or  at- 
tempts to  use,  in  any  manner,  or  for  any  purpose,  or  to 
communicate  in  any  "way,  any  information  so  obtained;  or 
who  aids,  agrees  with,  employs,  or  conspires  with  any  per- 
son or  persons  to  unlawfully  do,  or  permit,  or  cause  to  be 
done  any  of  the  acts  or  things  hereinabove  mentioned,  is 
punishable  as  provided  in  section  639.  [Amendment  ap- 
proved 1915;  Stats.  1915,  p.  210.] 

Disclosing  contents  of  message:  See  ante,  §  619. 

Legislation  §  640.  1.  Enacted  February  14,  1872  (N.  Y.  Pen. 
Code,  §  641);  based  on  Stats.  1862,  p.  289, '§  6. 

2.  Amendment  by  Stats.  1901,  p.  478;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  691,  to  read:  "Every  person  who, 
by  means  of  any  machine,  instrument,  or  contrivance,  or  in  any 
other  manner,  willfully  and  fraudulently  reads,  or  attempts  to  read, 
any  message,  or  to  learn  the  contents  thereof,  whilst  the  same  is 
beina:  sent  over  any  telegraph  or  telephone  line,  or  willfully  and 
fraudulently,  or  clandestinely,  learns  or  attempts  to  learn  the  con- 
tents or  meaning  of  any  message,  while  the  same  is  in  any  tele- 
graph or  telephone  office,  or  is  being  received  thereat  or  sent  there- 
from, or  who  uses  or  attempts  to  use,  or  communicates  to  others, 
any  information  so  obtained,  is  punishable  as  provided  in  section 
six  hundred  and  thirty-nine."  The  change  consisted  in  adding  "or 
telephone"  after  "telegraph"  in  both  instances. 

4.  Amended  by  Stats.  1915,  p.  210. 

§  641.  Bribing'  telegraph  or  telephone  operator.  Every 
person  who,  by  the  payment  or  promise  of  any  bribe,  in- 
ducement, or  reward,  procures  or  attempts  to  procure  any 
telegraph  or  telephone  agent,  operator,  or  employee  to  dis- 
close any  private  message,  or  the  contents,  purport,  sub- 
stance, or  meaning  thereof,  or  offers  to  any  such  agent, 
operator,  or  employee  any  bribe,  compensation,  or  reward 
for  the  disclosure  of  any  private  information  received  by 
him  by  reason  of  bis  trust  as  such  agent,  operator,  or  em- 
ployee, or  uses  or  attempts  to  use  any  such  information  so 
obtained,  is  punishable  as  provided  in  section  six  hundred 
and  thirty-nine.  [Amendment  approved  1905;  Stats.  1905, 
p.  691.] 


379  COLLECTING  TOLLS.       HARBORING  APPRENTICES.  §  646 

Legislation  §  641.     1.  Knarted  Febrnarv  14,  1872;  based  on  Stats. 
1862,  p.  290,  §  7. 

2.  Amendment  by  Stats.  1901,  p.  47S;  unconstitutional.     See  note, 
§  5,  ante. 

3.  Amended  by    Stals.   1905,    p.    (101;   adiling   "or   telephone^"   after 
"telegraph." 

§  642.  Collecting'  tolls,  etc.,  at  San  Francisco,  without 
authority  of  harbor  commissioners.  Every  person  ^vho  col- 
lects any  toll,  Avliarfage,  or  dockage,  or  lands,  ships,  or  re- 
moves any  property  upon  or  from  any  portion  of  the  water- 
front of  San  Francisco,  or  from  or  upon  any  of  the  wharves, 
piers,  or  landings  under  the  control  of  the  board  of  state 
harbor  commissioners,  without  being  by  such  board  au- 
thorized so  to  do,  is  guilty  of  a  misdemeanor. 
Wharfage:   See  Pol.  Code,  §§  2527,  2582. 

Legislation  §  642.     1.  Enacted  February  14,  1872;  based  on  Stats. 
1863-64,  p.  145, §  11. 

2.  Amendment  by  Stats.  1901,  p.  478;  unconstitutional.     See  note, 
§  5,  ante. 

§  643.  Violations  of  the  provisions  of  the  chapter  relating 
to  police  regulations  of  San  Francisco  harbor.  Every  person 
who  violates  any  of  the  provisions  of  the  laAvs  of  this  state 
relating  to  sailor  boarding-houses  and  shipping-offices  in 
San  Francisco,  or  who  receives  any  gratuity  or  reward  other 
than  as  therein  provided,  for  the  performance  of  any  services 
under  a  license  issued  pursuant  to  the  provisions  of  such 
laws,  is  guilty  of  a  misdemeanor. 

Legislation  §  643.     Enacted   February    14,    1872;    based    on    Stats. 

1869-70,  p.  244.     The  code  commissioners  say:   "The  reference  is  to 

the   chapter  relating  to   sailors'   boarding-houses,  boarding  ships   in 

San  Francisco  harbor,  etc." 

§  644.  Enticing  seamen  to  desert.  [Repealed  1911  ;  Stats. 
1911,  p.  71.] 

Legislation  §  644.     1.  Enacted  February  14,  1872;  based  on  Stats. 
1853,  p.  186,  §  1. 
2.  Repealed  by  Stats.  1911,  p.  71. 

§  645.  Harboring  deserting  seamen.  [Repealed  1907 ; 
Stats.  1907,  p.  307.] 

Legislation  §  645.     1.  Enacted  February  14^  1872. 
2.  Repealed  by  Stats.  1907,  p.  307. 

§  646.     Aiding  apprentices  to  run  away  or  harboring  them. 

Every  person  Avho  AvillfuUy  and  knowingly  aids,  assists,  or 
encourages  to  run  away,  or  who  harbors  or  conceals  any 
person  bound  or  held  to  service  or  labor,  is  guilty  of  a  mis- 
demeanor. 

-     Legislation  §  646.     Enacted    February    14,    1872;    based    on    Stats 
1858,  p.  137,  §  17. 


^  047  I'ENAL   CODE.  380 

§  647.     Who  is  a  vagrant.     Punishment.     1.  Every  person 

(ex(*ei)t  a  ( "alifoniia  Indian)  without  visible  means  of  living 
who  has  the  physical  al)ilit\'  to  woi'k,  and  who  does  not 
seek  enii)loynient,  nor  Jahoi-  \\hen  cniployniciit.  is  offoi-od 
him  ;  or 

2.  Every  beggar  who  solicits  alms  as  a  business;  or, 

3.  Every  person  who  roams  about  from  place  to  place 
Avithout  any  lawful  business;  or, 

4.  Every  person  known  to  be  a  pickpocket,  thief,  burglar 
or  confidence  operator,  either  by  his  own  confession,  or  by 
his  having  been  convicted  of  either  such  offenses,  and  hav- 
ing no  visible  or  lawful  means  of  support,  when  found 
loitering  around  any  steamboat  landing,  railroad  depot, 
banking  institution,  broker's  office,  place  of  amusement, 
auction-room,  store,  shop  or  crowded  thoroughfare,  car,  or 
omnibus,  or  any  public  gathering  or  assembly ;  or, 

5.  Every  idle,  or  lew^d,  or  dissolute  person,  or  associate  of 
known  thieves ;  or, 

6.  Every  person  who  w^anders  about  the  streets  at  late  or 
unusual  hours  of  the  night,  without  any  visible  or  lawful 
business ;  or, 

7.  Every  person  who  lodges  in  any  barn,  shed,  shop,  out- 
house, vessel,  or  place  other  than  such  as  is  kept  for  lodging 
purposes,  without  the  permission  of  the  owner  or  party  en- 
titled to  the  possession  thereof;  or, 

8.  Every  person  who  lives  in  and  about  houses  of  ill- 
fame;  or, 

9.  Every  person  wdio  acts  as  a  runner  or  capper  for  at- 
torneys in  and  about  police  courts  or  city  prisons;  or, 

10.  Every  common  prostitute ;  or, 

11.  Every  common  drunkard. 

Is  a  vagrant  and  is  punishable  by  a  fine  of  not  exceeding 
five  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment.     [Amendment  approved  1911;  Stats.  1911,  p.  508.] 

Living  in  or  keeping  house  of  ill-fame:  Sec  ante,  §  315. 

Jurisdiction  of  police  courts  in  cases  of:  See  Pol.  Code,  §  4426. 

Legislation  §  64r7.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1863,  p.  770,  §  1),  and  then  read:  "Every  person  (except  a  California 
Indian)  without  visible  means  of  living,  who  has  the  jihysical  abil- 
ity to  work,  and  who  does  not  for  the  space  of  ten  days  seek  em- 
ployment, nor  labor  when  employment  is  offered  him;  every  healthy 
Ijeggar  who  solicits  alms  as  a  business;  every  person  who  roams 
about  from  place  to  place  without  any  lawful  business;  every  idle 
or  dissolute  person,  or  associate  of  known  thieves,  who  wanders 
about  the  streets  at  late  or  unusual  hours  of  the  night,  or  who  lodges 
in  any  barn,  shed,  shop,  outhouse,  vessel,  or  place  other  than  such 
as  is  itept  for  lodging  purposes,  without  the  permission  of  the  owner 
or  party  entitled  to  the  possession  thereof;  every  lewd  and  dissolute 


381  WHO  ARE  VAGRANTS.  §  647 

person,  who  lives  in  and  about  houses  of  ill-fame,  and  every  common 
prostitute  and  common  drunkard,  is  a  vagrant,  and  punishable  by 
imprisonment  in  the  county  jail  not  exceeding  ninety  days." 

2.  Amended  by  Slats.  1891,  p.  130,  the  act  omitting  the  amend- 
ing section,  and  the  section  as  amended  reading:  "Section  1.  Every 
person  (except  a  California  Indian)  without  visible  means  of  living, 
who  has  the  physical  ability  to  work,  and  who  does  not  seek  em- 
ployment, nor  labor  when  employment  is  offered  him;  or,  2.  Every 
healthy  beggar  who  solicits  alms  as  a  business;  or,  3.  Every  person 
who  roams  about  from  place  to  place  without  any  lawful  business; 
or,  4.  Every  person  known  to  be  a  pickpocket,  thief,  burglar,  or 
confidence  operator,  either  by  his  own  confession,  or  by  his  having 
been  convicted  of  either  of  said  offenses,  and  having  no  visible  or 
lawful  means  of  support,  when  found  loitering  around  any  steam- 
boat landing,  railroad  depot,  banking  institution,  broker's  office, 
place  of  public  amusement,  auction-room,  store,  shop,  or  crowded 
thoroughfare,  car,  or  omnibus,  or  at  anj-  public  gathering  or  assem- 
bly; or,  5.  Every  idle  or  dissolute  person,  or  associate  of  known 
thieves,  w^ho  wanders  about  the  streets  at  late  or  unusual  hours  of 
'the  night;  or,  6.  Every  person  who  lodges  in  any  barn,  shed, 
shop,  outhouse,  vessel,  or  place  other  than  such  as  is  kept  for 
lodging  purposes,  without  the  permission  of  the  owner  or  party 
entitled  to  the  possession  thereof;  or,  7.  Every  lewd  or  dissolute 
person  who  lives  in  and  about  houses  of  ill-fame;  or,  8.  Everj^  per- 
son who  acts  as  a  runner  or  capper  for  attorneys  in  and  about  police 
courts  or  city  prisons,  in  incorporated  cities,  or  cities  and  counties; 
or,  9.  Every  common  prostitute  and  common  drunkard,  is  a  vagrant, 
and  is  punishable  by  imprisonment  in  the  county  jail  not  exceeding 
six  months." 

3.  Amendment  by  Stats.  1901,  p.  .478;  unconstitutional.     See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1903,  p.  96,  to  read:  "1.  Every  person  (ex- 
cept a  California  Indian)  without  visible  means  of  living  who  has 
the  physical  ability  to  work,  and  who  does  not  seek  employment, 
nor  labor  when  employment  is  offered  him;  or  2.  Every  healthy 
beggar  who  solicits  alms  as  a  business;  or  3.  Every  person  who 
roams  about  from  place  to  place  without  any  lawful  business;  or 
4.  Every  person  known  to  be  a  pickpocket,  thief,  burglar,  or  confi- 
dence operator,  either  by  his  own  confession,  or  by  his  having  been 
convicted  of  either  of  such  offenses,  and  having  no  visible  or  lawful 
means  of  support,  when  found  loitering  around  any  steamboat  land- 
ing, railroad  depot,  banking  institution,  brokers  office,  place  of 
amusement,  auction-room,  store,  shop,  or  crowded  thoroughfare,  car, 
or  omnibus,  or  at  any  public  gathering  or  assembly;  or  5.  Every 
idle,  or  lewd,  or  dissolute  person,  or  associate  of  known  thieves;  or 
6.  Every  person  who  wanders  about  the  streets  at  late  or  unusual 
hours  of  the  night,  without  any  visible  or  lawful  business;  or  7. 
Every  person  who  lodges  in  any  barn,  shed,  shop,  outhouse,  vessel. 
or  place  other  than  such  as  is  kept  for  lodging  purposes,  without 
the  permission  of  the  owner  or  party  entitled  to  the  possession 
thereof;  or  8.  Every  person  who  lives  in  and  about  houses  of  ill- 
fame;  or  9.  Every  person  who  acts  as  a  runner  or  capper  for  attor- 
neys in  and  about  police  courts  or  city  prisons;  or  10.  Every  com- 
mon prostitute;  or  11.  Every  common  drunkard,  is  a  vagrant,  and 
is  punishable  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment." 

5.  Amended  bv  Stals.  1911,  p.  508. 


§  6501/.  I'ENAL   CODE.  382 

§  648.  Issuing-  or  circulating-  paper  money.  Every  per- 
son who  makes,  issues,  or  puts  in  circulation  any  bill,  check, 
ticket,  certificate,  promissory  note,  or  the  paper  of  any 
bank,  to  circulate  as  money,  except  as  authorized  by  the 
laws  of  the  United  States,  for  the  first  offense,  is  guilty  of 
a  misdemeanor,  and  for  each  and  every  subsequent  offense, 
is  g-uilty  of  felony. 

Corporations  prohibited  from  issuing  bills,  notes,  etc.,  as  money: 

Soc  C"iv.  Code,  §  35G. 

Legislation  §  648.  Enacted  February  14,  1872;  based  on  Stats. 
18,15,  p.  128,  §§1,2. 

§  649.  Officers  of  fire  department  issuing-  false  certificates 
of  exemption.  Every  officer  of  a  fire  d('])artiiient  who  will- 
fully issues  or  causes  to  be  issued  any  certificate  of  exemp- 
tion to  a  person  not  entitled  thereto,  is  guilty  of  a  misde- 
meanor. 

Legislation  §  649.  Enacted  February  14,  1872;  based  on  Stats. 
1864,  p.  257,  §  7. 

§  650.     Sending-   letters   threatening  to   expose   another. 

Every  person  Avho  knoAvingly  and  willfully  sends  or  delivers 
to  another  any  letter  or  writing,  whether  subscribed  or  not, 
threatening  to  accuse  him  or  another  of  a  crime,  or  to  ex- 
pose or  publish  any  of  his  failings  or  infirmities,  is  guilty  of 
a  misdemeanor. 

Sending  threatening  letter:   See  ante,  §  523. 

Offense,  when  complete:  See  post,  §  660. 

Legislation  §  650.  Enacted  February  14,  1872.  The  code  commis- 
sioners say:  "This  is  founded  upon  part  of  §  110  of  the  Crimes  and 
Punishment  Act.  (Stats.  1850,  p.  229.)  The  portion  of  that  section 
relating  to  sending  threatening  letters  is  incorporated  in  a  section 
of  the  chapter  relating  to  extortion." 

§  6501/2-  Seriously  injuring  persons  or  property,  etc.,  a 
misdemeanor.  A  person  Avho  willfully  and  wrongfully  com- 
mits any  act  which  seriously  injures  the  person  or  property 
of  another,  or  which  seriously  disturbs  or  endangers  the 
public  peace  or  health,  or  which  openly  outrages  public 
decency,  or  who  willfully  and  wrongfully  in  any  manner, 
verbal  or  written,  uses  another's  name  for  accomplishing 
lewd  or  licentious  purposes,  whether  such  purposes  are  ac- 
complished or  not,  or  who  willfully  and  w^rongfully  uses 
another's  name  in  any  manner  that  will  affect,  or  have  a 
tendency  to  affect  the  moral  reputation  of  the  person  whose 
name  is  used,  generally,  or  in  the  estimation  of  the  person 
or  persons  to  whom  it  is  so  used,  or  who  with  intent  of  ac- 
complishing any  lewd  or  licentious  purpose,  whether  such 
purpose  is  accomplished  or  not,  personifies  any  person  other 


383     PAROLED  PRISONERS.    APPRENTICES.    NATIONAL  GUARD.    §  652 

than  himself,  or  ^vho  causes  or  procures  any  other  person 
or  persons  to  identify  him,  or  to  give  assurance  that  he  is 
any  other  person  than  himself  to  aid  or  assist  him  to  ac- 
complish any  lewd  or  licentious  purpose,  for  Avhich  no  other 
punishment  is  expressly  prescribed  by  this  code,  is  guilty  of 
a  misdemeanor. 

False  personation,  punishment  of:   See  ante,  §§  529,  530. 
Legislation  §6501  2.     Added  by  Stats.  1903,  p.  235.     The  enacting 
paragraph  is  omitted  in  the  act  adding  this  section,  and  the  section 
itself  has  "Section  1"  instead  of  the  section  number. 

§  650a.     Exposure  of  paroled  prisoners  prohibited.     Any 

person  who  knowingly  and  willfully  communicates  to  an- 
other, either  orally  or  in  writing,  any  statement  concerning 
any  person  then  or  theretofore  convicted  of  a  felony,  and 
then  either  on  parole  or  finally  discharged,  and  which  com- 
munication is  made  with  the  purpose  and  intent  to  deprive 
said  person  so  convicted  of  employment,  or  to  prevent  him 
from  procuring  the  same,  or  with  the  purpose  and  intent  to 
extort  from  him  any  money  or  article  of  value ;  and  any  per- 
son who  threatens  to  make  any  said  communication  with 
the  purpose  and  intent  to  extort  money  or  any  article  of 
value  from  said  person  so  convicted  of  a  felony,  is  guilty  of 
misdemeanor. 

Legislation  §  650a.     Added  by  Stats.  1913,  p.  1010. 

§  651.  Requiring  wards  or  apprentices  to  work  more 
than  eight  hours.  Every  person  having  a  minor  child  under 
his  control,  either  as  a  ward  or  an  apprentice,  Avho,  except 
in  vinicultural  or  horticultural  pursuits,  or  in  domestic  or 
household  occupations,  requires  such  child  to  labor  more 
than  eight  hours  in  any  one  day,  is  guilty  of  a  misdemeanor. 
Legislation  §  651.     Enacted    February    14,    1872;    based    on    Stats. 

1867-68,  p.  63;  Stats.  1871-72,  p.  951. 

§  652.  Officer  or  member  of  national  guard  failing  to  at- 
tend parade,  obey  orders,  or  discharge  duty.  Every  com- 
missioned officer  of  the  national  guard  who  willfully  fails 
to  attend  any  parade  or  encampment,  and  every  member  of 
the  national  guard  who  neglects  or  refuses  to  obey  the  law- 
ful command  of  his  superior  on  any  day  of  parade  or  en- 
campment, or  to  perform  such  military  duty  as  may  be 
lawfully  required  of  him,  is  punishable  l3y  a  fine  of  not  less 
than  five  nor  more  than  one  hundred  dollars. 

Disobeying  orders:  Pol.  Code,  §  1912. 
Parades  and  drills:   Pol.  Code,  §§  2003-2014. 
Legislation  §  652.     Enacted  February  14,  1872. 


^5  G53c  I'ENAL    CODE.  •  384 

§  653.  Member  of  national  guard  failing  to  attend 
parade,  etc.,  when  notified.  Kvei-y  mciiiber  of  the  national 
guai-d  \vlio,  when  duly  iiotilied,  fails  to  appear  at  a  parade, 
or  who  disobeys  any  lawful  ordei-,  or  who  uses  disrespectful 
language  towards  his  superior,  or  who  commits  any  act  of 
insubordination,  is  guilty  of  a  misdemeanor. 
Legislation  §  653.     Einu'tcl  February  14,  1872. 

§  6531/2-  Appraisers  of  estates  not  to  accept  fee  or  re- 
ward. Any  appraiser,  appointed  by  virtue  of  section  one 
thousand  four  hundred  and  forty-four  of  the  Code  of  Civil 
Procedure,  who  shall  accept  any  fees,  reward,  or  compensa- 
tion other  than  that  provided  for  by  law,  from  any  executor, 
administrator,  trustee,  legatee,  next  of  kin  or  heir  of  any 
decedent,  or  from  any  other  person,  is  guilty  of  a  misde- 
meanor. 

Legislation  §  6531/2-     1-  Added  by  Stats.  1889,  p.  3.3. 
2.  Amended  bj^  Stats.  1901,  p.  479,  renumbering  the  section  653a; 
unconstitutional.     See  note,  §  5,  ante. 

§  653a.  [No  section  of  this  iiumbcr.] 
§  653b.  Abuse  of  school  teachers.  Every  parent,  guard- 
ian, or  other  person  Avdio  upbraids,  insults,  or  abuses  any 
teacher  of  the  public  schools,  in  the  presence  or  hearing  of 
a  pupil  thereof,  is  guilty  of  a  misdemeanor.  [Amendment 
approved  1905;  Stats.  1905,  p.  658.] 

Abusing  teacher  In  presence  of  a  class,  a  misdemeanor:  See  Pol. 
Code,  §  1867. 

Disturbing  public  schools  or  school  meeting,  a  misdemeanor:  See 
Pol.  Code,  §  1868. 

Legislation  §  653b.  1.  Added  by  Code  Amdts  1873-74,  p.  43.5,  as 
§  654. 

2.  Amendment  by  Stats.  1901,  p.  479,  merely  renumbering  the  sec- 
tion 653b;  unconstitutional.     See  note,  §  5,  p.ite. 

3.  Amended  by  Stats.  1905,  p.  658,  changing  the  number  of  the 
section  from  654  to  653b,  the  code  commissioner  saying,  "There 
were  formerly  in  this  code  two  sections  each  numbered  654.  The 
change  consists  in  renumbering  the  one  approved  March  30,  1874 
to   read  §  653b." 

§  653c.  Unlawful  for  state  officer,  agent  of  the  state, 
contractor,  or  subcontractor,  to  permit  workmen  upon  pub- 
lic works  to  work  more  than  eight  hours  per  day.  The  time 
of  service  of  anv  laborer,  workman,  or  mechanic  employed 
upon  any  of  the  public  works  of  the  state  of  California,  or 
of  any  political  subdivision  thereof,  or  upon  work  done  for 
said  state,  or  any  political  subdivision  thereof,  is  hereby 
limited  and  restricted  to  eight  hours  during  any  one  cal- 
endar day;  and  it  shall  be  unlawful  for  any  officer  or  agent 
of  said  state,  or  of  any  political  subdivision  thereof,  or  for 
any   contractor   or   subcontractor   doing   work   under   con- 


385  VIOLATING   PROVISION    FOR    EIGHT    HOUR   DAY.  §  653c 

tract  upon  any  public  work  aforesaid,  who  employs,  or  who 
directs  or  controls,  the  w^ork  of  any  laborer,  workman,  or 
mechanic,  employed  as  herein  aforesaid,  to  require  or  per- 
mit such  laborer,  workman,  or  mechanic,  to  labor  more  than 
eight  hours  during  any  one  calendar  day,  except  in  cases 
of  extraordinary  emergency,  caused  by  fire,  flood,  or  danger 
to  life  or  property,  or  except  to  work  upon  public  military 
or  naval  defenses  or  works  in  time  of  war.  Any  officer  or 
agent  of  the  state  of  California,  or  of  any  political  sulxli- 
vision  thereof,  making  or  awarding,  as  such  officer  or  agent, 
any  contract,  the  execution  of  which  involves  or  may  involve 
the  employment  of  any  laborer,  workman,  or  mechanic  upon 
any  of  the  puiilic  works,  or  upon  any  work,  hereinbefore 
mentioned,  shall  cause  to  be  inserted  therein  a  stipulation 
which  shall  provide  that  the  contractor  to  whom  said  con- 
tract is  awarded  shall  forfeit,  as  a  penalty,  to  the  state  or 
political  subdivision  in  whose  behalf  the  contract  is  made 
and  awarded,  ten  dollars  for  each  laborer,  workman,  or 
mechanic  employed,  in  the  execution  of  said  contract,  by 
him,  or  by  any  subcontractor  under  him,  upon  any  of  the 
public  works,  or  upon  any  work,  hereinbefore  mentioned, 
for  each  calendar  day  during  which  such  laborer,  workman, 
or  mechanic  is  required  or  permitted  to  labor  more  than 
eight  hours  in  violation  of  the  provisions  of  this  act;  and  it 
shall  be  the  duty  of  such  officer  or  agent  to  take  cognizance 
of  all  violations  of  the  provisions  of  said  act  committed  in 
the  course  of  the  execution  of  said  contract,  and  to  report 
the  same  to  the  representative  of  the  state  or  political  subdi- 
vision, party  to  the  contract,  authorized  to  pay  to  said  con- 
tractor moneys  becoming  due  to  him  under  the  said  contract, 
and  said  representative,  when  making  payments  of  moneys 
thus  due,  shall  withhold  and  retain  therefrom  all  sums  and 
amounts  which  shall  have  been  forfeited  pursuant  to  the 
herein  said  stipulation.  Any  officer,  agent,  or  representative 
of  the  state  of  California,  or  of  any  political  sulidivision 
thereof,  who  shall  violate  any  of  the  provisions  of  this  sec- 
tion, shall  be  deemed  guilty  of  misdemeanor,  and  shall  upon 
conviction  be  punished  by  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment,  not  exceeding  six  months,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

Legislation  §  653c.     1.  x\ddition   by   Stats.   1901,  p.   479,  as  §  653f ; 

uncoDstitutioual.     See  note,  §  5,  ante. 

2.  Added  by   Stats.   1905,   p.   666;   the  code  commissioner   saying, 

"This  is  a  new  section,  codifying,  word  for  word,  the  eight-hour  law 

(Stats.  1903,  p.  119)." 
Fen.  Code — 25 


§  653e  PENAL  CODE.  386 

§  653d.     Retaining  wages  of  employee.     Every  pcM-son  who 
employs  laborers  upon  i)ublie  works,  and  Avho  takes,  keeps, 
or  receives  for  his  own  use  any  part  or  portion  of  the  wages 
due  to  any  such  laborers  from  the  state  or  municipal  cor- 
poration for  which  such  work  is  done,  is  guilty  of  a  felony. 
Salary  or  wages,  taking  part  of:  See  ante,  §  74a. 
Legislation  §  653d.     1.  Addition  by  Stats.  1901,  p.  479,  as  §  653g; 
iHicoiistitutional.     See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  6G7;  the  code  commissioner  saying: 
"This  is  a  new  section,  codifj'ing  §  1  of  the  statute  of  1871-72, 
p.  951,  to  protect  wages  of  labor,  inserting,  however,  the  words  'for 
his  own  use,'  to  make  same  conform  to  intention  of  original  act." 
For  another  section  numbered  653d,  added  by  the  code  commissioners 
in  1901,  see  ante,  Legislation  §  310. 

§  653e.  Blacklisting  of  former  employees  prohibited. 
Penalty.  May  furnish  truthful  statement.  Any  pei-son, 
firm  or  corporation,  or  officer  or  director  of  a  corporation, 
or  superintendent,  manager  or  other  agent  of  such  person, 
firm  or  corporation  who.  after  having  discharged  an  em- 
ployee ^rom  the  service  of  such  person,  firm  or  corporation 
or  after  having  paid  off  an  employee  voluntarily  leaving 
such  service,  shall,  by  word,  writing  or  any  other  means 
whatsoever,  misrepresent  and  tliereby  prevent  or  attempt 
to  prevent  such  former  employee  from  obtaining  employ- 
ment with  any  other  person,  firm  or  corporation,  shall  be 
punished  by  a  fine  not  exceeding  two  thousand  dollars  and 
shall  1  e  liable  in  treble  damages  to  any  such  employee  sus- 
taining damages  through  a  violation  of  this  section.  Any 
person,  firm  or  corporation  who  shall  knowingly  cause, 
suffer  or  permit  an  agent,  superintendent,  manager  or  other 
employee  in  his  or  its  employ  to  commit  a  violation  of  this 
section,  or  who  shall  fail  to  take  all  reasonable  steps  within 
liis  or  its  power  to  prevent  such  violation  of  this  act,  shall 
be  guilty  of  a  violation  of  the  provisions  of  this  section  and 
be  subject  to  the  penalty  hereinbefore  provided.  Nothing 
in  this  section  shall  be  construed  to  prevent  an  employer  as 
hereinbefore  defined  or  an  agent,  employee,  superintendent 
or  manager  of  such  employer  to  furnish,  upon  special  re- 
quest therefor,  a  truthful  statement  concerning  the  reason 
for  the  discharge  of  an  employee  or  why  an  employee  volun- 
tarily left  the  service  of  the  employer;  provided,  however, 
that  if  such  statement  shall  in  connection  therewith  furnish 
any  mark,  sign  or  other  means  whatever  conveying  informa- 
tion different  from  that  expressed  by  words  therein,  such 
fact,  or  the  fact  that  such  statement  or  other  means  of  fur- 
nishing information  was  given  without  a  special  request 
therefor,  shall  be  prima  facie  evidence  of  a  violation  of  the 
provisions  of  this  section. 

Legislation  §  653e.    Added  by  Stats,  1913,  p.  712. 


387  ACTS  MADE  PUNISHABLE  BY   CODE.  §  654 

TITLE  XVI. 
General  Provisions. 

§  654.  Acts  made  punishable  by  different  provisions  of  this  code. 

§  654a.  False  advertising  prohibited. 

§  654b.  False  advertisements  concerning  real  estate  a  misdemeanor. 

§  655.  Acts  punishable  under  foreign  law. 

§  656.  Foreign  conviction  or  acquittal. 

§  657.  Contempts,  how  punishable. 

§  658.  Mitigation  of  punishment  in  certain  cases. 

§  659.  Aiding  in  misdemeanor. 

§  660.  Sending  letters,  when  deemed  complete. 

§  661.  Removal  from  office  for  violation  or  neglect  of  official  duty  by 
public  officer. 

§  662.  Omission  to  perform  duty,  when  punishable. 

§  663.  Attempts  to  commit  crimes,  when  punishable. 

§  664.  Attempts  to  commit  crimes,  how  punishable. 

§  665.  Eestrietions  upon  the  preceding  sections. 

§  666.  Petty  larceny,  second  offenses,  punishment  for. 

§  667.  Second  offenses,  not  petit,  punishment  for. 

§  668.  Foreign  conviction  for  former  offense. 

§  669.  Second  term  of  imprisonment,  when  to  commence. 

§  670.  When  term  of  imprisonment  commences,  etc. 

§  671.  Imprisonment  for  life. 

§  672.  Fine  may  be  added  to  imprisonment. 

§  673.  Civil  rights  of  convict  suspen*ded. 

§  674.  Civil  death. 

§  675.  Civil  death,  limitations  as  to. 

§  676.  Person  of  convict  protected. 

§  677.  Forfeitures. 

§  678.  Values  in  gold  coin. 

§  67?  Coercion  or  compulsion  of  persons  seeking  employment  a  mis- 
demeanor. 

§  679a.  Limiting  sale  of  convict-made  goods. 

§  680.  Payment  of  wages  to  employees  in  a  saloon  or  bar-room. 

§  681.  Cruel  punishment  in  prisons  prohibited. 

§  654.  Acts  made  punishable  by  different  provisions  of 
this  code.  An  act  or  omission  which  is  made  punishable  in 
different  ways  hy  different  provisions  of  tliis  code  may  bo 
punished  under  either  of  such  provisions,  but  in  no  case 
can  it  be  punished  under  more  than  one ;  an  acquittal  or 
conviction  and  sentence  under  either  one  bars  a  prosecution 
for  the  same  act  or  omission  under  any  other.  In  the  cases 
specified  in  sections  six  hundred  and  forty-eight,  six  hundred 
and  sixty-seven,  and  six  hundred  and  sixty-eight,  the  pun- 
ishments therein  prescribed  must  be  substituted  for  those 
prescribed  for  a  first  offense,  if  the  previous  conviction  is 
charged  in  the  indictment  and  found  by  the  jury. 
Effect  of  plea  of  guilty:  See  post,  §  1158. 
Legislation  §  654.     Enacted   February   14,   1872;    based   on   Field's 

Draft,  §  737,  N.  Y.  Pen.  Code,  §  677.     There  was  formerly  another 


§  654u  I'ENAL    CUUK.  388 

§  654  relating  to  the  abuse  of  school  teachers  which  was  re-nurabered 
§  6a:U)  by  Stats.  UJO.l,  p.  G58.     Sec  ante  Ic^rislation  §  653b. 

§  654a.  False  advertising  prohibited.  Any  person,  lirni, 
corporation  or  association,  or  any  emjjloyee  thereof,  who, 
with  intent  to  sell,  furnish,  perform,  or  in  any  way  dispose 
of  real  or  personal  property,  choses  in  action,  merchandise, 
service,  professional  or  otherwise,  or  anything  of  any 
nature  whatsoever  offered  by  such  person,  firm,  corporation 
or  association,  or  any  emi^loyee  thereof,  directly  or  indi- 
rectly, to  the  public  for  sale  or  distribution,  or  to  induce 
the  public,  in  any  manner,  to  enter  into  any  oljligation 
relating  thereto,  or  to  acquire  title  thereto  or  any  interest 
therein,  shall  make,  publish,  disseminate,  circulate,  or  cause 
to  be  nuide,  published,  disseminated  or  circulated,  or,  in  any 
manner,  place,  or  cause  to  be  placed,  before  the  public  in 
the  State  of  California,  in  any  newspaper,  magazine,  l)ook, 
pamphlet,  circular,  letter,  notice,  hand-bill,  poster  or  other 
publication,  or  on  any  billboard,  sign,  card,  label,  or  other 
advertising  medium,  or  by  means  of  any  electric  sign, 
window  sign,  showcase  or  window  display,  or  by  any 
other  advertising  device,  or  by  public  outcry  or  proclama- 
tion, X)V  in  any  other  manner  or  means  Avhatever,  an  adver- 
tisement of  any  sort  regarding  such  real  or  personal  prop- 
erty, choses  in  action,  merchandise,  service  or  anything 
so  offered  to  the  public,  which  advertisement  shall  contain 
any  statement,  representation  or  assertion  concerning  such 
real  or  personal  property,  choses  in  action,  merchandise, 
service  or  anything  so  offered  to  the  public,  or  concerning 
any  circumstance  or  matter  of  fact  connected  in  any  way, 
directly  or  indirectly,  with  the  proposed  sale,  performance 
or  disposition  thereof,  which  statement,  representation  or 
assertion  is  false  or  untrue,  in  any  respect,  or  which  is  de- 
ceptive or  misleading,  and  which  is  known,  or  which  by  the 
exercise  of  reasonable  care  should  be  known,  to  be  false^  or 
untrue,  deceptive  or  misleading,  by  the  person,  firm,  cor- 
poration or  association  making,  publishing,  disseminating, 
circulating  or  placing  before  the  public  said  advertisement, 
shall  be  guilty  of  a  misdemeanor;  provided,  however,  that 
this  act  shall  not  apply  to  any  publisher  of  a  newspaper, 
magazine,  or  other  publication,  who  publishes  said  adver- 
tisement in  good  faith,  without  knowledge  of  its  false, 
deceptive,  or  misleading  character.  [Amendment  approved 
1915;  Stats.  1915,  p.  1252.] 

Legislation  §  654a.  1.  Added  by  Stats.  1905,  p.  22S,  and  then 
read:  "Any  person,  firm  or  corporation  doing  business  in  this  state 
as  a  merchant,  who  advertises  or  displays  any  brand  of  goods  known 
to  the  general  public  and  quotes  prices  in  connection  therewith  as 


389       FALSE  ADVERTISEMENTS.  FOREIGN  OFFENSES.     §  657 

an  indiu-enient  to  attract  pureha'sers  to  the  place  of  business  so  ad- 
vertised, who  shall  make  verbal  or  show  printed  or  written  false 
statements  regarding  the  qualitj^  or  merits  of  the  goods  advertised 
is  guilty  of  a  misdemeauor." 

2.  Amended  by  Stats.  1915,  p.  12.^2. 

§  654b.  False  advertisements  concerning-  real  estate  a 
misdemeanor.  Any  person,  firm,  corporation  or  association, 
or  any  employee  or  agent  therefor,  Avho  in  a  newspaper, 
circular,  circular  or  form  letter  or  other  publication  pub- 
lished or  circulated  in  any  language  in  this  state,  makes  or 
disseminates  any  statement  or  assertion  of  fact,  concerning 
the  extent,  location,  ownership,  title  or  other  characteristic, 
quality  or  attribute  of  any  real  estate  located  in  this  state 
or  elsewhere,  which  is  known  to  him  to  be  untrue  and  which 
is  made  or  disseminated  with  the  intention  of  misleading, 
is  guilty  of  a  misdemeanor;  provided,  however,  that  noth- 
ing in  this  section  shall  be  construed  to  hold  the  publisher 
of  any  newspaper,  or  any  job  printer,  liable  for  any  pub- 
lication herein  referred  to  unless  such  publisher  or  printer 
has  an  interest  either  as  owner  or  agent,  in  such  real  estate 
so  advertised. 

Legislation  §  654b.     Added  by  Stats.  1915,  p.  1027. 

§  655.  Acts  punishable  under  foreign  law.  An  act  or 
omission  declared  punishable  by  this  code  is  not  less  so 
because  it  is  also  punishable  under  the  laws  of  another  state, 
government,  or  country,  unless  the  contrary  is  expressly 
declared. 

Legislation  §  655.     Enacted  February   14,   1872;    based  on   Field's 

Draft,  §  738,  N.  Y.  Pen.  Code,  §  678. 

§  656.  Foreign  conviction  or  acquittal.  Whenever  on  the 
trial  of  an  accused  person  it  appears  that  upon  a  criminal 
prosecution  under  the  laws  of  another  state,  government,  or 
country,  founded  upon  the  act  or  omission  in  respect  to 
which  he  is  on  trial,  he  has  been  acquitted  or  convicted,  it 
is  a  sufficient  defense. 

Foreign  conviction  or  acquittal:  See  also,  post,  §§  668,  793,  794. 
Legislation  §656.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §739,  N.  Y.  Pen.  Code,  §  679.  "The  code  commissioners  say: 
"This  section  is  intended  to  apply  in  cases  where  the  foreign  ac- 
quittal or  conviction  took  place  in  respect  to  the  particular  act  or 
omission  charged  against  the  accused  upon  the  trial  in  this  state, 
and  is  not  restricted  to  cases  where  the  accused  was  tried  abroad 
under  the  same  or  facts  constituting  the  same  charge." 

§  657.  Contempts,  how  punishable.  A  criminal  act  is  not 
the  less  punishalile  as  a  crime  because  it  is  also  declared  to 
be  punishable  as  a  contempt. 

Criminal  contempts:  See  ante,  §  166. 


§  662  PENAL    CODE.  390 

Legislation  §  657.     Enacted    I'ebruary    ]4,    1872;    identical    with 
Field's  Draft,  §  740,  N.  Y.  Peu.  Code,  §  680. 

§  658.     Mitigation  of  punishment  in  certain  cases.     When 

it  appears,  at  the  tiiiK;  of  piissiii'4'  soiitctice  upon  a  person 
eonvieted  upon  indietiuent,  that  such  pei'sou  has  already 
paid  a  fine  or  suHei-ed  an  iiiiprisoinnent  foi-  the  act  of  which 
he  stands  convicted,  under  an  order  ad.jud,t,Mn<;'  it  a  con- 
tempt, the  court  authorized  to  pass  sentence  may  mitigate 
the  punishment  to  be  imposed,  in  its  discretion. 

Legislation  §  658.     Enacted  February   14,  1872;   based   on  Field's 
Draft,  §  741,  N.  Y.  Pen.  Code,  §  681. 

§  659.  Aiding-  in  misdemeanor.  Whenever  an  act  is  de- 
clared a  misdemeanor,  and  no  punishment  for  counseling  or 
aiding  in  the  commission  of  such  act  is  expressl}'^  prescribed 
by  law.  every  person  who  counsels  or  aids  another  in  the 
commission  of  such  act  is  guilty  of  a  misdemeanor. 

Accessories,  defined:  Ante,  §  32. 
Accessories,  how  punished:  Ante,  §  33. 

Legislation  §  659.     Enacted    February    14,    1872;    identical    with 
Field's  Draft,  §  742,  N.  Y.  Pen.  Code,  §  (382. 

§  660.     Sending  letters,  when  deemed    complete.     In  the 

various  cases  in  which  the  sending  of  a  letter  is  made  crim- 
inal by  this  code,  the  offense  is  deemed  complete  from  the 
time  when  such  letter  is  deposited  in  any  post-office  or  any 
other  place,  or  delivered  to  any  person,  with  intent  that 
it  shall  be  forwarded. 

Threatening  letters,   sending,  with  intent  to  extort  money:   See 

ante,  §§523,  650. 

Legislation  §  660.     Euacted   February   14,   1872;    based   on   Field's 
Draft,  §  743,  N.  Y.  Pen.  Code,  §  683. 

§  661.  Removal  from  office  for  violation  or  neglect  of  offi- 
cial duty  by  public  officers.  In  addition  to  the  penalty 
affixed  by  express  terms,  to  every  neglect  or  violation  of 
official  duty  on  the  part  of  public  officers,  state,  county,  city, 
or  township,  where  it  is  not  so  expressly  provided,  they  may, 
in  the  discretion  of  the  court,  be  removed  from  office. 

Removal,  other  than  by  impeachment:  See  post,  §§  758  et  seq. 

Legislation  §  661.     Enacted  February  14,  1872. 

§  662.     Omission  to  perform  duty,  when  punishable.     No 

person  is  punishable  for  an  omission  to  perform  an  act. 
where  such  act  has  been  performed  by  another  person  acting 
in  his  behalf  and  competent  by  law  to  perform  it. 

Legislation  §  662.     Enacted    February    14,    1872;    identical    with 
Field's  Draft,  §  744,  N.  Y.  Pen.  Code,  §  684. 


891  ATTEMPTS  TO   COMMIT  CRIMES.  §  66o 

§  663.     Attempts    to    commit    crimes,    when    punishable. 

Any  person  may  be  convicted  of  an  attempt  to  commit  a 
crime,  although  it  appears  on  the  trial  that  the  crime  in- 
tended or  attempted  was  perpetrated  by  such  person  in  pur- 
suance of  such  attempt,  unless  the  court,  in  its  discretion, 
discharges  the  jury  and  directs  such  person  to  be  tried  for 
such  crime. 

Attempt  to  commit  crime,  conviction  of:  See  post,  §  11.59. 

Legislation  §  663.  Enacted  February  14,  1872;  identical  with 
Field's  Draft,  §  74.5,  N.  Y.  Pen.  Code,  §  34. 

§  664.  Attempts  to  commit  crimes,  how^  piinishable. 
Every  person  who  attempts  to  commit  any  crime,  but  fails, 
or  is  prevented  or  intercepted  in  the  perpetration  thereof, 
is- punishable,  where  no  provision  is  made  by  law  for  the 
punishment  of  such  attempts,  as  follows: 

1.  If  the  offense  so  attempted  is  punishable  by  imprison- 
ment in  the  state  prison  for  five  years,  or  more,  or  by  im- 
prisonment in  a  county  jail,  the  person  guilty  of  such  at- 
tempt is  punisha^  le  by  imprisonment  in  the  state  prison,  or 
in  a  county  jail,  as  the  case  may  be,  for  a  term  not  exceed- 
ing one  half  the  longest  term  of  imprisonment  prescribed 
upon  a  conviction  of  the  offense  so  attempted. 

2.  If  the  offense  so  attempted  is  punishable  by  imprison- 
ment in  the  state  prison  for.  any  term  less  than  five  years, 
the  person  guilty  of  such  attempt  is  punishable  by  imprison- 
ment in  the  county  jail  for  not  more  than  one  year. 

3.  If  the  offense  so  attempted  is  punishable  by  a  fine,  the 
offender  convicted  of  such  attempt  is  punishable  by  a  fine 
not  exceeding  one  half  the  largest  fine  which  may  be  im- 
posed upon  a  conviction  of  the  offense  so  attempted. 

4.  If  the  offense  so  attempted  is  punishable  by  imprison- 
ment and  by  a  fine,  the  offender  convicted  of  such  attempt 
may  1  e  punished  by  both  imprisonment  and  fine,  not  exceed- 
ing one  half  the  longest  term  of  imprisonment  and  one  half 
the  largest  fine  which  nmy  be  imposed  upon  a  conviction 
for  the  offense  so  attempted. 

What  attempts  not  included  in  this  section.  Attempts  iuchided 
in  §§  216,  217,  and  220-222  are  not  included  in  this  section. 

Legislation  §  664.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  746,  N.  Y.  Pen.  Code,  §  677. 

§  665.     Restrictions    upon    the    preceding   sections.     The 

last  two  sections  do  not  protect  a  person  who,  in  attempting 
unsuccessfully  to  commit  a  crime,  accomplishes  the  commis- 
sion of  another  and  dift'erent  crime,  whether  greater  or  less 
in  guilt,  from  suffering  the  punishment  prescribed  by  law 
for  the  crime  committed. 


i^  G(i(;  PENAL    CUDIO.  392 

Leaislatiou  §  665.  Enacted  Fobniarv  11,  1872;  identical  with 
Field's  Dial't.  S  717,  X.  Y.  Pen.  Code.  §  087. 

§  666.  Petty  larceny,  second  offenses,  punishment  for. 
Every  porsoii  wlio.  liavijiu'  been  fonvictcd  of  jx'tit  larfoiiy 
and  having  served  a  term  therefor  in  any  penal  institution, 
commits  any  crime  after  sudi  conviction,  is  i)iiiiislial)lc  there- 
for as  follows : 

1.  If  the  oifense  of  which  sudi  person  is  siil)sc<|ncntly  con- 
victed is  such  that,  upon  a  first  conviction,  an  offender  Avould 
be  punisliable  by  imprisomnent  in  the  state  ])rison  for  an}'' 
term  exceeding  five  years,  such  person  is  punishabb?  by  im- 
prisonment in  the  state  prison  not  less  than  ten  years. 

2.  If  the  subsequent  offense  is  such  that  upon  a  first  con- 
viction, the  offender  would  be  punishable  by  imprisonment 
in  the  state  prison  for  five  years,  or  any  less  term,  then  the 
person  convicted  of  such  subsefpient  offense  is  punishable  by 
imi)risonment  in  the  state  prison  not  exceeding  ten  years. 

'i.  If  the  subsequent  conviction  is  for  petit  larceny  then 
the  person  convicted  of  such  subsequent  offense  is  punishable 
by  imprisonment  in  the  state  prison  not  exceeding  five  years. 
[Amendment  approved  1909;  Stats.  1909,  p.  360.] 

Previous  conviction,  duty  of  jury  to  find  on:  See  post,  §  1158. 
Legislation  §  666.  1.  Enacted  February  14,  1872  (almost  identical 
with  Field's  Draft,  §  748,  N.  Y.  Pen.  Code,  §  688),  and  then  read: 
''Every  person  who,  having  been  Convicted  of  any  offense  punishable 
by  imprisonment  in  the  state  prison,  commits  any  crime  after  such 
conviction,  is  punishable  therefor,  as  follows:  1.  If  the  offense  of 
which  such  person  is  subsequently  convicted  is  such  that,  upon  a 
first  conviction,  an  offender  would  be  punishable  by  imprisonment 
in  the  state  prison  for  any  term  exceeding  five  years,  such  person 
is  punishable  by  imprisonment  in  the  state  prison  not  less  than 
ten  years.  2.  If  the  subsequent  offense  is  such  that,  upon  a  first 
conviction,  the  offender  would  be  punishable  by  imprisonment  in 
the  state  prison  for  five  years,  or  any  less  term,  then  the  person  con- 
victed of  such  subsequent  offense  is  punishable  by  imprisonment  in 
the  state  prison  not  exceeding  ten  years.  3.  If  the  subsequent  con- 
viction is  for  petit  larceny,  or  any  attempt  to  commit  an  offense 
which,  if  committed,  would  be  punishable  by  imprisonment  in  the 
state  prison  not  exceeding  five  years,  then  the  person  convicted  of 
such  subsequent  offense  is  punishable  by  imprisonment  in  the  state 
prison  not  exceeding  five  years." 

2.  Amended  by  Stats.  1903,  p.  107,  (1)  the  introductory  paragraph 
then  reading,  "Every  person  who,  having  been  convicted  of  petit 
larceny,  or  of  any  offense  punishable  by  imprisonment  in  the  state 
prison,  commits  any  crime  after  such  conviction,  is  punishable  there- 
for as  follows";  (2)  subd.  1  had  "ten  years"  instead  of  "five  years," 
in  first  instance  (the  change  being  made  in  1905),  otherwise  the 
section  reading  as  at  present. 

3.  Amended  by  Stats.  1905,  p.  667,  in  subd.  1,  changing  "ten 
years"  to  "five  years,"  in  first  instance;  the  code  commissioner 
saying,  "The  amendment  consists  in  the  substitution  of  the  word 
''five'  for  'ten.'     At  the  session  of  1903,  §§  666  and  667  were  changed, 


393  SECOND  OFFENSES,  PUNISHMENT  FOR.  §  667 

the  former  being  amended,  and  the  latter  repealed.  Through  a 
mistake  in  copying  the  proposed  amendment  to  §  666,  the  section, 
as  it  was  then  amended,  left  a  large  class  of  cases  unprovided  for. 
The  word  'ten,'  in  the  fourth  line  of  subd.  1,  has  been  changed  to 
'five,'  so  that  where  the  punishment  for  a  first  conviction  would 
be  six,  seven,  eight,  nine,  or  ten  years,  some  penalty  shall  attach; 
for  as  the  section  was  amended  in  1903,  a  second  conviction  for 
an  otfense  punishable,  say  by  seven,  or  even  ten  years,  entailed 
no  penalty." 

4.  Amended  by  Stats.  1909,  p.  360,  the  only  change  being  in  the 
introductory  paragraph. 

§  667.  Second  offenses,  not  petit,  punishment  for.  Every 
person  who.  having  been  eonvieted  of  any  offense  pnnish- 
able  by  imprisonment  in  the  state  prison,  and  having  served 
a  term  therefor  in  any  penal  institntion,  commits  any  crime 
after  such  conviction,  is  punishable  therefor  as  follows: 

1.  If  the  offense  of  which  such  person  is  subsequently 
convicted  is  such  that,  upon  a  first  conviction,  an  offender 
would  be  punishable  by  imprisonment  in  the  state  prison, 
such  person  is  punishable  by  imjorisonment  in  the  state 
prison  for  the  maximum  period  for  which  he  might  have 
been  sentenced,  if  such  offense  had  been  his  first  offense. 

2.  If  the  subsequent  conviction  is  for  petit  larceny,  then 
the  person  convicted  of  such  subsequent  offense  is  punish- 
able by  imprisonment  in  the  state  prison  not  exceeding  five 
years,  provided,  however,  that  any  person  who  has  been,  or 
who  shall  hereafter  'oe,  sentenced  to  the  state  prison  shall 
be  subject  to  parole  by  the  state  board  of  prison  directors, 
under  the  restrictions  now  provided  liy  law  for  the  parole 
of  first-term  prisoners,  any  act  to  the  contrary  notwith- 
standing. 

Legislation  §  667.  1.  Enacted  February  14,  1872  (based  on  Field's 
Draft,  §  750,  N.  Y.  Pen.  Code,  §§  688,  693),  and  then  read:  "Every 
person  who,  having  been  convicted  of  petit  larceny,  or  of  an  attempt 
to  commit  an  offense  which,  if  perpetrated,  would  be  punishable  by 
imprisonment  in  the  state  prison,  commits  any  crime  after  such 
conviction,  is  punishable  as  follows:  1.  If  the  subsequent  offense 
is  such  that,  upon  a  first  conviction,  the  offender  would  be  punishable 
by  imprisonment  in  the  state  prison  for  life,  at  the  discretion  of 
the  court,  such  person  is  punishable  by  imprisonment  in  such  prison 
during  life.  2.  If  the  subsequent  offense  is  such  that,  upon  a  first 
conviction,  the  offender  would  be  punishable  by  imprisonment  in 
the  state  prison  for  any  term  less  than  for  life,  such  person  is  pun- 
ishable by  imprisonment  in  such  prison  for  the  longest  term  pre- 
scribed, upon  a  conviction  for  such  first  offense.  3.  If  the  subse- 
quent conviction  is  for  petit  larceny,  or  for  an  attempt  to  commit 
an  offense  which,  if  perpetrated,  would  be  punishable  by  imprison- 
ment in  the  state  prison,  then  such  person  is  punishable  by  impris- 
onment in  such  prison  not  exceeding  five  years." 

2.  Repealed  by  Stats.  1903,  p.  108. 

3.  Added  as  a  new  section  by  Stats.  1900,  p.  I'.C  I 


^  ()72  I'ENAL    CODE.  394 

§  668.  Foreign  conviction  for  former  offense.  Kvery 
person  who  has  been  convicted  in  any  other  state,  i^oveni- 
ment,  or  conntry.  of  an  offense  wliieh,  if  committed  within 
this  state,  wouUi  be  ])iinis]ial)le  l)y  the  laws  of  this  state  by 
impi-isonment  in  the  state  prison,  is  punishable  for  any  subse- 
quent crime  committed  Avithin  this  state  in  the  manner  pre- 
scribed in  the  last  two  sections,  and  to  the  same  extent  as  if 
such  first  conviction  had  taken  place  in  a  court  of  this  state. 

Foreign  conviction  or  acquittal:  See  ante,  §  656. 
""      Legislation  §  668.     Enat'ted    February   14,    1872;    almost   identical 

with  Field's  Draft,  §  751,  N.  Y.  Pen.  Code,  §  679. 

§  669.     Second  term  of  imprisonment,  w^hen  to  commence. 

When  any  person  is  convicted  of  two  or  moi'e  ci-inies  before 
sentence  has  been  pronounced  upon  him  for  either,  the  im- 
prisonment to  wliich  he  is  sentenced  upon  the  second  or  other 
subsequent  conviction  must  commence  at  the  termination  of 
the  first  term  of  imprisonment  to  which  he  shall  be  ad- 
judged, or  at  the  termination  of  the  second  or  other  subse- 
quent term  of  imprisonment,  as  the  case  may  be. 

Legislation  §  669.     Enacted    February    14.    1872;    identical    with 
Field's  Draft,  §  752,  N.  Y.  Pen.  Code,  §  694. 

§  670.     When  term  of  imprisonment  commences,  etc.     The 

term  of  imprisonnunit  fixed  l)y  the  juduinent  in  a  criminal 
action  commences  to  run  only  upon  the  actual  delivery  of 
the  defendant  at  the  place  of  imprisonment,  and  if  there- 
after, during  such  term,  the  defendant  by  any  legal  means 
is  temporarily  released  from  such  imprisonment  and  subse- 
quently returned  thereto,  the  time  during  which  he  was  at 
large  must  not  be  computed  as  part  of  such  term. 
Legislation  §  670.     Enacted  February  14,  1872. 

§  671.  Imprisonment  for  life.  Whenever  any  person  is 
declared  punishable  for  a  crime  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  any  specified  number  of 
years,  and  no  limit  to  the  duration  of  such  imprisonment  is 
declared,  the  court  authorized  to  pronounce  judgment  upon 
such  conviction  may,  in  its  discretion,  sentence  such  offender 
to  imprisonment  during  his  natural  life,  or  for  any  number 
of  years  not  less  than  that  prescribed. 

Legislation  §  671.     Enacted   February   14,   1872;    based   on   Field's 

Draft,  §  753,  N.  Y.  Pen.  Code,  §  696. 

§  672.  Fine  may  be  added  to  imprisonment.  Upon  a  con- 
viction for  any  crime  punishable  by  imprisonment  in  any 
jail  or  prison,  in  relation  to  which  no  fine  is  herein  pre- 
scribed, the  court  may  impose  a  fine  on  the  oft'ender  not  ex- 


395  CIVIL  RIGHTS  OF  PRISONERS.  §  677 

ceeding  two  liiiudred  dollars,  in  addition  to  the  imprison- 
ment prescribed. 

Legislation  §  672.  Enacted  February  14,  1872;  based  on  Field's 
Draft,  §  756. 

§  673.  Civil  rights  of  convict  suspended.  A  sentence  of 
imprisonment  in  a  state  prison  for  any  term  less  than  for 
life  suspends  all  the  civil  rights  of  the  person  so  sentenced, 
and  forfeits  all  public  offices  and  all  private  trusts,  author- 
ity, or  power  during  such  imprisonment. 

Forfeiture  of  office  on  conviction  of  crime:  See  ante,  §  98. 
Legislation  §  673.     Enacted  February   14,   1872;    based  on   Field's 
Draft,  §  757,  N.  Y.  Pen.  Code,  §  707. 

§  674.     Civil  death.     A  person  sentenced  to  imprisonment 
in  the  state  prison  for  life  is  thereafter  deemed  civilly  dead. 
Legislation  §  674.     Enacted   February   14,   1872;   based   on   Field's 
Draft,  §  758,  N.  Y.  Pen.  Code.  §  708. 

§  675.  Civil  death,  limitations  as  to.  The  provisions  of 
the  last  two  preceding  sections  must  not  be  constrned  to  ren- 
der the  persons  therein  mentioned  incompetent  as  witnesses 
upon  the  trial  of  a  criminal  action  or  proceeding,  or  incap- 
able of  making  and  acknowledging  a  sale  or  conveyance  of 
property.  [Amendment  approved  1874;  Code  Amdts.  1873- 
74,  p.  435.] 

Prisoner  as  witness,  how  brought  in,  and  proceedings  on:  See  post, 
§§  13.33,  1567. 

Deposition  of  prisoner,  when  and  how  taken:  See  post,  §  1346. 

Legislation  §  675.     1.  Enacted  February  14,  1872. 

2.  Amended  by  Code  Amdts.  1873-74,"  p.  435,  (1)  adding  "last" 
before  "two  preceding  sections";  (2)  omitting  "or  to  do  such  other 
acts  as  are  permitted  by  law,"  at  end  of  section. 

3.  Amendment  by  Stats.  1901,  p.  480;  unconstitutional.  See  note, 
§  5,  ante. 

§  676,  Person  of  convict  protected.  The  person  of  a  con- 
vict sentenced  to  imprisonment  in  the  state  prison  is  under 
the  protection  of  the  law,  and  any  injury  to  his  person,  not 
authorized  by  law,  is  punishable  in  the  same  manner  as  if  he 
was  not  convicted  or  sentenced. 

Legislation  §  676.     Enacted    February    14,    1872;    identical    with 

Field's  Draft,  §  759,  N.  Y.  Pen.  Code,  §  709. 

§  677.  Forfeitures.  No  conviction  of  any  person  for 
crime  works  any  forfeiture  of  any  property ,  except  in  cases 
in  which  a  forfeiture  is  expressly  imposed  by  law^;  and  all 
forfeitures  to  the  people  of  this  state,  in  the  nature  of.  a 
deodand.  or  where  any  person  sliall  flee  from  justice,  are 
abolished. 


§  681  PENAL    CODE.  39G 

Legislation  §  677.     Enacted  February    11,  1872;   based   on  Field's 
Draft,  §  7(50,  N.  Y.  Pen.  Code,  §  710. 

§678.  Values  in  gold  coin.  Whenever  in  this  code  the 
cliaraeter  or  grade  oi'  an  ofVense,  or  its  pnnisiinient,  is  made 
to  depend  npon  the  value  ot"  property,  such  value  shall  be 
estiniatetl  exclusively  in  United  States  gold  coin. 

Legislation  §  678.     Added  by  Code  Amdts.  1873-74,  p.  43.'5. 

§  679.  Coercion  or  compulsion  of  persons  seeking  employ- 
ment a  misdemeanor.  Any  person  or  corporation  -within  this 
state,  or  agent  or  officer  on  behalf  of  such  person  or  corpora- 
tion, who  shall  hereafter  coerce  or  compel  any  person  or 
persons  to  enter  into  an  agreement,  either  written  or  verbal, 
not  to  join  or  become  a  member  of  any  labor  organization, 
as  a  condition  of  such  person  or  persons  securing  employ- 
ment or  continuing  in  the  employment  of  any  such  person  or 
corporation,  shall  be  guilty  of  a  misdemeanor. 
Legislation  §  679.     Added  by  Stats.  1893,  p.  176, 

§  679a.  Limiting  sale  of  convict-made  goods.  1.  It  shall 
be  unlawful  for  any  person  to  sell,  expose  for  sale,  or  offer 
for  sale  Avithin  this  state,  any  article  or  articles  manu- 
factured wholly  or  in  part  by  convict  or  other  prison  labor, 
except  articles  the  sale  of  Avhicli  is  specifically  sanctioned  by 
law. 

2.  Every  person  selling,  exposing  for  sale,  or  offering  for 
sale  any  article  manufactured  in  this  state  wholly  or  in  part 
by  convict  or  other  prison  labor,  the  sale  of  which  is  not 
specifically  sanctioned  by  laAv,  shall  be  guilty  of  a  misde- 
meanor. 

Legislation  §  679a.     Added  by  Stats.  1901,  p.  326. 

§  680.  Payment  of  wages  to  employees  in  a  saloon  or  bar- 
room. Every  person  who  shall  pay  any  employee  his  wages, 
or  any  part  thereof,  while  such  employee  is  in  any  saloon, 
bar-room,  or  other  place  where  intoxicating  liquors  are  sold 
at  retail,  unless  said  employee  is  employed  in  such  saloon, 
bar-room,  or  such  other  place  where  intoxicating  liquors  are 
sold,  shall  be  deemed  guilty  of  a  misdemeanor. 

•    Legislation  §  680.     Added  by  Stats.  1901,  p.  660. 

§  681.  Cruel  punishment  in  prisons  prohibited.  It  shall 
be  unlawful  to  use  in  the  prisons  or  reformatory  institu- 
tions of  this  state  any  cruel  or  unusual  punishments;  and 
punishment  by  the  use  of  the  straight-jacket,  gag,  thumb- 
screw, shower-bath,  or  the  tricing-up  of  prisoners  is  hereby 
prohibited. 

There  is  another  section  of  this  number.     See  next  section. 

Legislation  §  681.     Added  by  Stats.  1913,  p.  1010. 


PART  11. 

CRIMINAL  PROCEDURE. 

Preliminary  Provisions.     §§  681-689. 
Title  I.     Prevention  of  Public  Offenses.     §§  692-734. 

II.  Judicial  Proceedings  for  the  Removal  of  Public 
Officers  by  Impeachment  or  Otherwise. 
§§737-772. 
III.  Proceedings  in  Criminal  Actions  Prosecuted  by 
Indictment,  to  the  Commitment,  Inclusive. 
§§  777-883. 

IV.  Proceedings  After  Commitment  and  Before  In- 

dictment.    §§  888-937. 

V.  The  Indictment.     §§  940-972. 

VI.  Pleadings  and  Proceedings  after  Indictment  and 

before    the    Commencement    of    the    Trial. 
§§  976-1053. 

VII.  Proceedings  after  the   Commencement   of   the 

Trial  and  Before  Judgment.     §§  1055-1188. 
VIII.     Judgment  and  Execution.     §§  1191-1230. 
IX.     Appeals  to  the  Supreme  Court.     §§  1235-1265. 
X.     Miscellaneous  Proceedings.     §§  1268-1423. 

XI.  Proceedings  in  Justices'  and  Police  Courts  and 

Appeals    to    the    Superior    Courts.     §§  1425- 
1470. 

XII.  Special    Proceedings    of    a    Criminal    Nature. 

§§  1473-1564. 
XIII.     Proceedings  for  Bringing  Persons  Imprisoned  in 
the  State  Prison,  or  the  Jail  of  Another 
County,  Before  a  Court.     §  1567. 
XIV.     Disposition  of  Fines  and  Forfeitures.     §  1570. 

(397) 


3})9  I^RELIMINARY   PROVISIONS   AS  TO   PROCEDURE.  §  (yS'S 


PRELIMINARY  PROVISIONS. 

§  681.  No  person  punishable  but  on  legal  conviction. 

§  682.  Public   offenses,   how   prosecuted. 

§  683.  Criminal  action  defined. 

§  684.  Parties  to  a  criminal  action. 

§  685.  The  party  prosecuted  known  as  defendant. 

§  686.  Rights  of  defendant  in  criminal  action. 

§  687.  Second  prosecution  for  the  same  offense  prohibited. 

§  688.  No  person  to  be  a  witness  against  himself  in  a  criminal  action, 

or  to  be  unnecessarily  restrained. 

§  689.  No  person  to  be  convicted  but  upon  verdict  or  judgment. 

§  681.     No  person  punishable  I  ut  on  legal  conviction.     No 

person  can  be  punished  for  a  public  offense,  except  upon  .a 
legal  conviction  in  a  court  having  jurisdiction  thereof. 

There  is  another  section  of  this  number.     See  prior  section. 

Constitutional  guaranty:   Const.,  art.  i,  §  13. 

Conviction  of  public  offense,  how  may  be  had:  See  post,  §  689. 

Legislation  §  681.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  3);  based  on  Crim.  Prac.  Act.,  Stats.  1851,  p.  212,  §  6. 

§  682.  Public  offenses,  how  prosecuted.  Every  public 
offense  must  be  prosecuted  by  indictment  or  information, 
except: 

1.  Where  proceedings  are  had  for  the  removal  of  civil 
officers  of  the  state; 

2.  Offenses  arising  in  the  militia  when  in  actual  service. 
and  in  the  land  and  naval  forces  in  the  time  of  war,  oi-  which 
the  state  may  keep,  with  the  consent  of  Congress,  in  time  of 
peace; 

3.  Offenses  tried  in  justices'  and  police  courts ; 

4.  All  misdemeanors  of  which  jurisdiction  has  been  con- 
ferred upon  superior  courts  sitting  as  juvenile  courts. 
[Amendment  approved  1911;  Stats.  1911,  p.  68.] 

Prosecution:  See  Const.,  art.  i,  §§  8,  13. 

Courts-martial:  See  Pol.  Code,  §§  2021  et  seq. 

Offenses,  how  prosecuted:  See  post,  §  888. 

Proceedings  for  removal  of  oflficers  may  be  by  accusation  or  infor- 
mation: See  post, §  889. 

Legislation  §  682.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  4) ;    based   on   Crim.   Prac.   Act,   Stats.   1851,  p.   212,  §  7. 

2.  Amended  by  Code  Amdts.  1880,  p.  10,  in  introductory  paragraph 
adding  "or  information"  after  "indictment." 

3.  Amended  by  Stats.  1911,  p.  68,  the  change  consisting  in  the 
addition  of  paragraph  4. 

§  683.  Criminal  action  defined.  The  proceeding  by  which 
a  party  charged  with  a  public  oft'ense  is  accused  and  brought 
to  trial  and  punishment,  is  known  as  a  criminal  action. 

Legislation  §  683.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  5);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  212,  §  8. 


§  686  I'EXAL   CODE.  400 

§684.  Parties  to  a  criminal  action.  A  ciiniiiial  iictioii  is 
proscMMitccl  ill  the  name  oL"  the  i)eople  oi"  tlie  stale  of  Cali- 
foriiia,  as  a  pai'ty,  against  the  person  charged  \vitli  the 
oll'ense. 

Legislation  §  684.     Knafted  l-Vbiuaiy   14,  1872  (N.   Y.  Code  Crim. 

I'roc,  §G);   based  on   Crim.  I'rac   Act,"^  Stats.    IS.-)!,  p.  2i:?,  §!l. 

§  685.     The  party  prosecuted  known  as  defendant.     The 

l)ai'ty  prosecuted  in  a  erimiiial  a<*ti()ii  is  tlesii^iiated  in  this 
code  as  tlie  defendant. 

Legislation  §  685.     Enacted  February  14,  1872   (N.  Y.  Code  Crim. 
Proc,  §  7);  based  on  Crim  Prae.  Act,  Stats.  1851,  p.  213,  §  10. 

§  686.  Rights  of  defendant  in  criminal  action.  In  a  crim- 
inal action  the  defenchmt  is  entitled : 

1.  To  a  speedy  and  public  trial. 

2.  To  be  allowed  counsel  as  in  civil  actions,  or  to  appear 
and  defend  in  person  and  Avith  counsel. 

3.  To  produce  witnesses  on  his  behalf  and  to  be  confronted 
with  the  witnesses  against  him,  in  the  presence  of  the  court, 
except  that  where  the  charge  has  been  preliminarily  exam- 
ined before  a  committing  magistrate  and  the  testimony 
taken  down  by  question  and  answer  in  the  presence  of  the 
defendant,  who  has,  eitlier  in  person  or  by  counsel,  cross- 
examined  or  had  an  opportunity  to  cross-examine  the  wit- 
ness; or  where  the  testimony'  of  a  witness  on  the  part  of  the 
people,  who  is  unable  to  give  security  for  his  appearance,  has 
been  taken  conditionally  in  the  like  manner  in  the  presence 
of  the  defendant,  who  has,  either  in  person  or  by  counsel, 
cross-examined  or  had  an  opportunity  to  cross-examine  the 
witness,  the  deposition  of  such  witness  may  be  read,  upon  its 
being  satisfactorily  shown  to  the  court  that  he  is  dead  or 
insane,  or  cannot  with  due  diligence  be  found  within  the 
state;  and  except  also  that  in  the  case  of  offenses  hereafter 
committed  the  testimony  on  behalf  of  the  people  or  the  de- 
fendant of  a  witness  deceased,  insane,  out  of  jurisdiction,  or 
who  cannot,  with  due  diligence,  be  found  within  the  state, 
given  on  a  former  trial  of  the  action  in  the  presence  of  the 
defendant  who  has,  either  in  person  or  by  counsel,  cross-ex- 
amined or  had  an  opportunity  to  cross-examine  the  witness, 
may  be  admitted.     [Amendment  approved  1911;  Stats.  1911, 

p.  361.] 

Constitutional  provisions:  See  Const.,  art.  i,  §  13. 
Depositions  as  evidence:  Post,  §§  869,  1345,  1362. 
Defendant  may  produce  witnesses:  See  post,  §  866. 
Dismissal  if  defendant  not  brought  to  trial  within  sixty  days: 
See  post,  §  1382. 


401  PRELIMINARY    PROVISIONS    AS   TO    PROCEDURE.  §  689 

Legislation  §  686.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc,  §  S) ;  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  213,  §  11, 
and  then  read:   "In  a  criminal  action  the  defendant  is  entitled: 

"1.  To  a  speedy  and  public  trial. 

"2.  To  be  allowed  counsel  as  in  civil  actions,  or  to  appear  and  de- 
fend in  person  and  with  counsel. 

"3.  To  produce  witnesses  on  his  behalf,  and  to  be  confronted  with 
the  witnesses  against  him,  in  the  presence  of  the  court,  except  that 
where  the  charge  has  been  preliminarily  examined  before  a  commit- 
ting magistrate  and  the  testimony  taken  down  by  question  and 
answer  in  the  presence  of  the  defendant,  who  has,  either  in  person 
or  by  counsel,  cross-examined  or  had  an  opportunity  to  cross-examine 
the  witness;  or  where  the  testimony  of  a  witness  on  the  part  of 
the  people,  who  is  unable  to  give  security  for  his  appearance,  has 
been  taken  conditionally  in  the  like  manner  in  the  presence  of  the 
defendant,  who  has,  either  in  person  or  bj'  counsel,  cross-examined 
or  had  an  opportunity  to  cross-examine  the  witness,  the  deposition 
of  such  witness  may  be  read,  upon  its  being  satisfactorily  shown 
to  the  court  that  he  is  dead  or  insane,  or  cannot  with  due  diligence 
be  found  within  the  state." 

2.  Amended  by  Stats.  1911,  p.  364. 

§  687.  Second  prosecution  for  the  same  ofifense  prohib- 
ited. No  person  can  be  subjected  to  a  second  prosecution 
for  a  public  offense  for  which  he  has  once  been  prosecuted 
and  convicted  or  acquitted. 

Constitutional  provisions:    See    Gonst.,   art.    i,  §  13;    U.   S.    Gonst., 
Amdt.  5. 
Dismissal  no  bar:  See  post,  §  999. 

Legislation  §  687.  Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 
Proc,  §  9);  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  213,  §  12,  which 
read:  "§  12.  No  person  shall  be  subject  to  a  second  prosecution 
for  a  public  offense,  for  which  he  has  once  been  prosecuted  and  duly 
convicted  or  acquitted." 

§  688.  No  person  to  be  a  witness  against  himself  in  a 
criminal  action,  or  to  be  unnecessarily  restrained.  No  per- 
son can  be  compelled,  in  a  criminal  action,  to  be  a  witness 
against  himself;  nor  can  a  person  charged  with  a  public 
offense  be  subjected,  before  conviction,  to  any  more  restraint 
than  is  necessary  for  his  detention  to  answer  the  charge. 

Defendant  offering  himself  as  witness,  examination  of:  See  post, 
§  1323. 

Defendant  cannot  be  compelled  to  be  witness  against  himself:  See 
post,  §  1323. 

Legislation  §  688.  Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 
Proc,  §  10) ;  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  213,  §  13,  which 
read:'  "§  13.  No  person  shall  be  compelled  in  a  criminal  action 
to  be  a  witness  against  himself,  nor  shall  a  person  charged  with  a 
public  offense  be  subjected  before  conviction  to  any  more  restraint 
than  is  necessary  for  his  detention  to  answer  the  charge." 

§  689.  No  person  to  be  convicted  but  upon  verdict  or 
judgment.     No  person  can  be  convicted  of  a  public  offense 

Pen.  Code — 20 


§  689  I'KNAi.  CODE.  402 

unless  l.y  the  verdict  of  ji  jury,  accepted  and  recorded  by  the 
court,  or  upon  a  pli-a  ol"  ifuilty,  or  upon  judgment  against 
him  upon  a  demurrer  in  the  case  mentioned  in  section  one 
thousand  and  eleven,  or  upon  a  judgment  of  a  court,  a  jury 
having  been  waived  in  a  ei'iminal  cuise  not  amounting  to 
felony.  [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  4.] 

Legislation  §  689.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  213,  §  14,  whicli  read:  "§  14.  No  person 
can  be  convicted  of  a  public  offense,  unless  by  a  verdict  of  a  jury 
accepted  and  recorded  by  the  court,  or  upon  a  plea  of  guilty,  or  upon 
a  judgment  against  him  upon  a  demurrer  to  the  indictment  in  the 
case,  mentioned  in  section  two  hundred  and  sixty-six."  When  en- 
acted in  1872,  the  latter  part  of  §  689  read,  "or  upon  judgment 
against  him  upon  a  demurrer  to  the  indictment  in  the  case  mentioned 
in  section  1011,  or  upon  a  judgment  of  a  police  or  justice's  court,  a 
jury  having  been  waived." 

2.  Amended  by  Code  Amdts.   1880,  p.  4, 


403  LAWFUL    RERISTANCE    TO    PREVENT    OFFENSE.  §  G94: 

TITLE    I. 

Prevention  of  Public  Offenses. 

Chapter  I.     Lawful  Resistance.     §§692-694. 

IL     Intervention  of  the  Officers  of  Justice.     §§  697,  698. 
III.     Security  to  Keep  the  Peace.     §§  701-714. 
IV.     Police  in  Cities  and  Towns,  and  Their  Attendance  at  Ex- 
posed Places.     §§  719,  720. 
V.     Suppression  of  Eiots.     §§  723-734. 

CHAPTER  I. 

Lawful  Resistance. 

§  692.     Lawful  resistance,  by  whom  made. 

§  693.     By  the  party,  in  what  cases  and  to  what  extent. 

§  694.     By  other  parties,  in  what  cases. 

§  692.  Lawful  resistance,  by  whom  made.  Lawful  resist- 
ance to  the  commission  of  a  public  offense  may  be  made: 

1.  By  the  party  about  to  be  injured; 

2.  By  other  parties. 

Personal  rights:  See  Civ.  Code,  §§  43-54. 

Legislation  §  692.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  79);  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851,  p.  213, 
§15. 

§  693.     By  the  party,  in  what  cases  and  to  what  extent. 

Resistance  sufficient  to  prevent  the  offense  may  be  made  by 
the  party  about  to  be  injured : 

1.  To  prevent  an  offense  against  his  person,  or  his  family, 
or  some  member  thereof. 

2.  To  prevent  an  illegal  attempt  by  force  to  take  or  injure 
property  in  his  lawful  possession. 

Legislation  §  693.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §80);  in  language  almost  identical  with  that  of  Crim.  Prac. 
Act,  Stats.  1851,  p.  213,  §  16. 

§  694.  By  other  parties,  in  what  cases.  Any  other  per- 
son, in  aid  or  defense  of  the  person  about  to  be  injured,  may 
make  resistance  sufficient  to  prevent  the  offense. 

Legislation  §  694.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  81);  in  exact  language  of  Crim.  Prac  Act,  Stats.  1851,  p.  214, 

§  17. 


<  701  i-KXAL  on)K.  404 

CIlAPTKIx'   II. 
lutervention  of  the  Officers  of  Justice. 

§  G97.     Intervention  of  officers,  in  what  cases. 

§  (!9S.     Persons  lU'tinji;  in  thoir  nid  jnstifiprl. 

§  697.  Intervention  of  officers,  in  what  cases.  Public 
offenses  may  be  prevented  by  tlie  intorventioii  of  tlie  officers 
of  justice  : 

1.  By  requiring  security  to  keep  tbe  peace; 

2.  By  forming  a  police  in  cities  and  towns,  and  by  requir- 
ing their  attendance  in  exposed  places; 

3.  By  suppressing  riots. 

Subd.  1.     Seciirity  to  keep  the  peace:     See  post,  §§  701-714. 

Siibd.  2.  Police  force:  Soe  post,  §§  719,  720.  Officers  authorized 
to  preserve  peace:  Post,  §  720. 

Subd.  3.     Suppression  of  riots:   See  post,  §§  723-734. 

Legislation  §  697.  Er.acted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  82) ;  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851,  p.  214, 
§18. 

§  698.  Persons  acting  in  their  aid  justified.  When  the 
officers  of  justice  are  authorized  to  act  in  the  prevention  of 
public  offenses,  otlier  persons,  who,  by  their  command,  act 
in  their  aid,  are  justified  in  so  doing. 

Legislation  §  698.     Enacted  February  14,  1872   (N.  Y.  Code  Crim, 

Proc,  §83);  in  language  almost  identical  with  that  of  Crim.  Prac. 

Act,  Stats.  1851,  p.  2-14,  §  19. 

CHAPTER  III. 

Security  to  Keep  the  Peace. 

§  701.  Information  of  threatened  offense. 

§  702.  Examination  of  complainant  and  witnesses. 

§  703.  Warrant  of  arrest. 

§  704.  Proceedings  on  charges  being  controverted. 

§  705.  Person  complained  of,  when  to  be  discharged. 

§  706.  Security  to  keep  the  peace,  when  required. 

§  707.  Effect  of  giving  or  refusing  to  give  security. 

§  708.  Person  committed  for  not  giving  security,  how  discharged. 

§  709.  Undertaking  to  be  filed  in  clerk's  office. 

§  710.  Security,  when  required  for  assault  committed  in  the  presence 

of  a  court  or  magistrate. 

§  711.  Undertaking,  when  broken. 

§  712.  Undertaking,  when  and  how  prosecuted. 

§  713.  Evidence  of  breach. 

§  714.  Security  for  the  peace  not  required,  except  in  accordance  with 

this  chapter. 

§  701.  Information  of  threatened  offense.  An  informa- 
tion may  be  laid  before  any  of  the  magistrates  mentioned  in 
section  eight  hundred  and  eight,  that  a  person  has  threat- 


405  SECURITY    TO   KEF:P    i'EACE.  §  706 

ened  to  commit  an  offense  against  the  person  or  property  of 

another. 

Legislation  §  701.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §84);  in  substance  the  same  as  Crim,  Prac.  Act,  §  20,  as 
amended  by  Stats.  1863,  p.  158,  §  2.  The  code  commissioners  say: 
"The  section  referred  to  is  §  103  of  the  Crimes  and  Punishment  Act 
of  1851;  the  word  'information'  is  used  in  place  of  the  word  'com- 
plaint,' as  more  expressive." 

§  702.  Examination  of  complainant  and  witnesses.  When 
the  information  is  laid  before  such  magistrate  he  must  exam- 
ine on  oath  the  informer,  and  any  witness  he  may  produce, 
and  must  take  their  depositions  in  writing,  and  cause  them 
to  be  subscribed  by  the  parties  making  them. 

Legislation  §  702.     Enacted  February  14,  1872   (K  Y.  Code  Crim. 

Proc,  §  85) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  214,  §21. 

§  703.  Warrant  of  arrest.  If  it  appears  from  the  deposi- 
tions that  there  is  just  reason  to  fear  the  commission  of  the 
offense  threatened,  by  the  person  so  informed  against,  the 
magistrate  must  issue  a  warrant,  directed  generally  to  the 
sheriff  of  the  county,  or  any  constable,  marshal,  or  police- 
man in  the  state,  reciting  the  substance  of  the  information, 
and  commanding  the  officer  forthwith  to  arrest  the  person 
informed  of  and  bring  him  before  the  magistrate. 

Legislation  §  703.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  86);  in  sifbstance  the  same  as  Crim,  Prac.  Act,  Stats.  1851, 

p.  214, §  22. 

§  704.     Proceedings  on  charges  being  controverted.    When 

the  person  informed  against  is  brought  before  the  magis- 
trate, if  the  charge  be  controverted,  the  magistrate  must 
take  testimony  in  relation  thereto.  The  evidence  must  be 
reduced  to  writing  and  subscribed  by  the  witnesses. 

Legislation  §  704.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §87);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  214, §  23. 

§  705.     Person  complained  of,  when  to  be  discharged.     If 

it  appears  that  there  is  no  just  reason  to  fear  the  commission 
of  the  oft'ense  alleged  to  have  been  threatened,  the  person 
complained  of  must  be  discharged. 

Legislation  §  705.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  8S) ;   in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 

p.  214,"  §  24. 

§  706.     Security  to  keep  the  peace,  when  required.     If. 

however,  there  is  just  reason  to  fear  the  commission  of  the 
offense,  the  person  complained  of  may  be  required  to  enter 
into  an  undertaking  in  such  suiri,  not  exceeding  five  thou- 


§  711  PENAL   CODE.  406 

saiul  (lollai's,  as  tlic  magistrate  may  direct,  with  one  or  more 
sufficient  sureties,  to  keep  the  peace  towards  the  people  of 
this  state,  and  particularly  towards  the  informer.  The 
undertakinji'  is  valid  and  biiuliui;-  for  six  months,  and  may, 
upon  the  renewal  of  the  infoi-mation,  be  extended  for  a 
longer  period,  or  a  new  undertaking  may  be  required. 

Legislation  §  706.     Enacted  February  14,  1872  (N.  Y.  Code  Grim. 

Proc,  §89);  in  substance  the  same  as  Grim,  Prac.  Act,  Stats.  1851, 

214, §  25. 

§  707.     Effect  of  giving  or  refusing  to  give  security.     If 

the  undertaking  retiuired  by  the  last  section  is  given,  the 
party  informed  of  must  be  discharged.  If  he  does  not  give 
it,  the  magistrate  must  commit  him  to  prison,  specifying  in 
the  warrant  the  requirement  to  give  security,  the  amount 
thereof,  and  the  omission  to  give  the  same. 

Effect  of  giving  or  refusing  to  give  bond:  See  post,  §  710. 
Legislation  §  707.     Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  90) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  215,  §  26. 

§  708.  Person  committed  for  not  giving  security,  how 
discharged.  If  the  person  complained  of  is  committed  for 
not  giving  the  undertaking  required,  he  may  be  discharged 
by  any  magistrate.  uDon  giving  the  same. 

^legislation  §  708.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §91);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  215,'§  27. 

§  709.  Undertaking  to  be  filed  in  clerk's  office.  The 
undertaking  must  be  filed  b}^  the  magistrate  in  the  office  of 
the  clerk  of  the  county. 

Legislation  §  709.     Enacted    February    14,    1872;    based    on    Crim. 

Prac  Act,  Stats.  1851,  p.  215,  §  28. 

§  710.  Security,  when  required  for  assault  committed  in 
the  presence  of  a  court  or  magistrate.  A  person  who,  in  the 
presence  of  a  court  or  magistrate,  assaults  or  threatens  to 
assault  another,  or  to  commit  an  offense  against  his  person 
or  property,  or  who  contends  with  another  with  angry 
words,  may  be  ordered  by  the  court  or  magistrate  to  give 
security,  as  in  this  chapter  provided,  and  if  he  refuse  to  do 
so,  may  be  committed  as  provided  in  section  seven  hundred 
and  seven. 

Effect  of  giving  or  refusing  to  give  bond:  See  ante,  §  707. 
Legislation  §  710.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  93);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  215,  §  29. 

§  711.  Undertaking,  when  broken.  Upon  the  conviction 
of  the  person  informed  against  of  a  breach  of  the  peace,  the 
undertaking  is  broken. 


407  POLICE  IN   CITIES  AND  TOWNS.  §  719 

Legislation  §  711.     Enacted  February  14,  1872   (N.  Y.  Code  Crim. 
Proc,  §  97);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  215,  §  30. 

§  712.  Undertaking,  when  and  how  prosecuted.  Upon 
the  district  attorney's  producing  evidence  of  such  conviction 
to  the  superior  court  of  the  county,  the  court  must  order  the 
undertaking  to  be  prosecuted,  and  the  district  attorney  must 
thereupon  commence  an  action  upon  it  in  the  name  of  the 
people  of  the  state.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  32.] 

Legislation  §  712,     1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,   §   98) ;   in   substance  the  same   as   Crim.  Prac.  Act,   §   31,  as 

amended  by  Stats.  1863,  p.  158,  §  3. 

2.  Amended  by  Code  Amdts.  1880,  p.  32,  changing  "county  court" 

to  "superior  court." 

§  713.  Evidence  of  breach.  In  the  action  the  offense 
stated  in  the  record  of  conviction  must  be  alleged  as  a 
breach  of  the  undertaking,  and  such  record  is  conclusive  evi- 
dence of  the  breach. 

Legislation  §  713.     Enacted   February    14,    1872;    based   on    Crim. 

Prac.  Act,  Stats.  1851,  p.  215,  §  32. 

§  714.  Security  for  the  peace  not  required,  except  in  ac- 
cordance with  this  chapter.  Security  to  keep  the  peace,  or 
be  of  good  behavior,  cannot  be  required  except  as  prescribed 
in  this  chapter. 

Legislation  §  714.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  99);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  215,  §  33. 

CHAPTER  IV. 

Police  in  Cities  and  Towns,  and  Their  Attendance  at  Exposed  Places. 

§  719.     Organization  and  regulation  of  the  police. 

§  720.     Force  to  preserve  the  peace  at  public  meetings,  when  and  how 
ordered. 

§  719.     Organization  and  regulation  of  the  police.     The 

organization  and  regulation  of  the  police,  in  the  cities  and 
towns  of  this  state,  is  governed  by  special  laws. 

Police  insurance  and  pension  bill:  See  post,  Appendix,  tit.  "Po- 
lice." 

Compensation  of  police:   See  post,  Appendix,  tit.  "Police." 
Increase  of  police  force:   See  post.  Appendix,  tit.  "Police." 
Vacations  for  police:   See  post.  Appendix,  tit.  "Police." 
Hours  of  service   of  police,   act  regulating:    See  post.  Appendix, 
tit.   "Police." 

Appointment  of  police  on  railroads,  steamships,  etc.:  See  post, 
Appendix,  tit.   "Police." 

Legislation  §  719.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  100);  in  substance  the  same  as  Crim.  Prae.  Act,  Stats. 
1851,  p.  215,  §34. 


§  723  PENAL    CODE.  408 

2.  AinciKlinciit  by  Stiits.  1901,  p.  18U;  unooiistitutiunal.  Sec  note, 
§  5,  ante. 

§  720.  Force  to  preserve  the  peace  at  public  meetings, 
when  and  how  ordered.  The  mayor  or  other  onicer  liavini; 
tlie  tlireetioii  of  tlie  police  of  a  city  or  town  must  order  a 
force,  sufficient  to  preserve  the  peace,  to  attend  any  pul)lie 
meeting-,  when  he  is  satisfied  that  a  breach  of  the  peace  is 
reasonably  apprehended. 

Infonnation  of  threatened  offense:  See  ante,  §  701. 
Suppression  of  riots:  See  post,  §S  723  et  seq. 

Legislation  §  720.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §  101);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  21.1,  §  35. 

CHAPTER  V. 
Suppression  of  Eiots. 

§  r23.  Power  of  sheriff  or  other  officer  in  overcoming  resistance  to 
process. 

§  724.     The  officer  to  certify  to  court  the  names  of  the  resisters,  etc. 

§  725.  When  governor  to  order  out  a  military  force  to  aid  in  execut- 
ing process.      [Eepealed.] 

§  726.     Magistrates  and  officers  to  command  rioters  to  disperse. 

§  727.     To  arrest  rioters  if  they  do  not  disperse. 

§  728.     Officers  who   may  order   out  the   military.      [Repealed.] 

§  729.     Commanding  officer  and  troops  to  obey  the  order.     [Repealed.] 

§  730.     Armed  force  to  obey  orders  of  whom.      [Repealed.] 

§  731.     Conduct  of  the  troops.      [Repealed.] 

§  732.  Governor  may  in  certain  cases  declare  a  county  in  a  state  of 
insurrection.      [Repealed.] 

§  733.     May  revoke  the  proclamation.      [Repealed.] 

§  734.  Only  national  guard  shall  drill  or  parade  with  arms.  Excep- 
tion. 

§  723.     Power  of  sheriff  or  other  officer  in  overcoming  re- 
sistance to  process.     When  a  sheriff  or  other  public  officer 
authorized  to  execute  process  finds,  or  has  r^son  to  appre- 
hend that  resistance  will  be  made  to  the  execution  of  the 
process,  he  may  command  as  many  male  inhabitants  of  his 
county  as  he  may  thinlv  proper  to  assist  him  in  overcoming 
the  resistance,  and,  if  necessary,  in  seizing,  arresting,  and 
confining  the  persons  resisting,  their  aiders  and  abettors. 
Peace-officers:   See  post,  §817.     See  ante.  §§  697,  subd.  2,  719. 
Jurisdiction  of  police  court:  See  Pol.  Code,  §  4426. 
Legislation  §  723.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,    §102);   based   on   Crim.   Prac.   Act,   Stats.   1851,  p.   215,  §  36, 
which  read:    "§  36.     When  a  sheriff  or  other  public  officer  authorized 
to  execute  process  sliall  find   or  have  reason  to  apprehend  that  re- 
sistance shall  be  made  to  the  execution  of  his  process,  he  may  com- 
mand   as    many    male    inhabitants  of  his  county  as  he   may   think 
proper,  and  any  military  company  or  companies  in  the  county,  armed 
and    equippeil,   to   assist    him   in   overcoming  the   resistance,   and,   if 


409  SUPPRESSION  OF  RIOTS.  §  729 

necessar}',  in  seizing,  arresting,  aud  coufiiiiiig  the  resisters,  and  their 
aiders  and  abettors,  to  be  punished  according  to  law." 

§  724.  The  officer  to  certify  to  court  the  names  of  the 
resisters,  etc.  Tlu;  officer  must  certify  to  tlie  court  from 
which  the  process  issued  the  names  of  the  persons  resisting, 
and  their  aiders  and  aliettors,  to  the  end  that  they  may  be 
proceeded  against  for  their  contempt  of  court. 
Resistance  of  process:  See  ante,  §  1G6. 

Legislation  §  724.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §103),-  based  on  Crim.  Prae.  Act,  Stats.  18.51,  p.  216,  §  37. 

§  725.  When  governor  to  order  out  a  military  force  to 
aid  in  executing-  process.  [Repealed  1905;  Stats.  1905,  p. 
411.] 

Legislation  §  725.     1.  Enacted  February  14,  1872. 
2.  Eopealed  by  Stats.  1905,  p.  411. 

§  726.  Magistrates  and  officers  to  command  rioters  to  dis- 
perse. Where  any  number  of  persons,  whether  armed  or 
not,  are  unlawfully  or  riotously  assembled,  the  sheriif  of  the 
county  and  his  deputies,  the  officials  governing  the  town  or 
city,  or  the  justices  of  the  peace  and  constables  thereof,  or 
any  of  them,  must  go  among  the  persons  assembled,  or  as 
near  to  them  as  possible,  and  command  them,  in  the  name 
of  the  people  of  the  state,  immediately  to  disperse. 
Suppressing  riots:  See  ante,  §  697,  subd.  3. 
Legislation  §  726.     Enacted  February   14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  106);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  216,  §  40. 

§  727.     To  arrest  rioters  if  they  do  not  disperse.     If  the 

persons  assembled  do  not  immediately  disperse,  such  magis- 
trates and  officers  must  arrest  them,  and  to  that  end  may 
command  the  aid  of  all  persons  present  or  within  the  county. 
Power  of  sheriff  in  overcoming  resistance:  See  ante,  §  723. 
Legislation  §  727.     Enacted  February  14,  1872   (N.  Y.  Code  Crim. 
Proc,  §  107);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  216,  §§  41,  42. 

§  728.  Officers  who  may  order  out  the  military.  [Re- 
pealed 1905;  Stats.  1905,  p.  411.] 

Governor  may  call  out  militia  to  execute  laws,  suppress  insurrec- 
tion, and.  repel  invasion:  Const.,  art.  viii,  §  1. 

Legislation  §  728.     1.  Enacted  February  14,  1872. 

2.  Amended  by  Code  Amdts.  1880,  p.  32. 

3.  Amendment  by  Stats.  1901,  p.  480;  unconstitutional.     See  note, 
§  5,  ante. 

4.  Eepealed  by  Stats.  1905,  p.  411. 

§  729.     Commanding  officer  and  troops  to  obey  the  order. 

[Repealed  1905;  Stats.  1905,  p.  412.] 

Legislation  §  729,     1.  Enacted  February  14,  1872. 
2.  Eepealed  by  Stats.  1905,  p.  112. 


§  734  I'KNAL    CODE.  410 

§  730,  Armed  force  to  obey  orders  of  whom.  [Repealed 
1905;  Stats.  1905,  p.  412.] 

Legislation  §  730.     1.  Enartod  Fobruary  11,  1872. 
2.  Repealed  by  Stats.  1905,  p.  412. 

§731.     Conduct    of   the    troops.      [Repealed  1905;  Stats. 

1905,  p.  412.] 

Legislation  §731.     1.  T'^nnctod  February  14,  1872. 

2.  .Vmcnded  by  Stats.  1895,  p.  IQ.*^. 

3,  Eepealed  by  Stats.  1905,   p.  412. 

§  732.  Governor  may  in  certain  cases  declare  a  county 
in  a  state  of  insurrection.  [Repealed  1905;  Stats.  1905, 
p.  412.] 

Governor  is  commander-in-chief:  See  Const.,  art.  v,  §  5. 

Legislation  §  732.     1.  Enacted  February  14,  1872. 

2.  Ameuded  by  Code  Amdts.  1880,  p.  32. 

3.  Eepealed  by  Stats.  1905,  p.  412. 

§  733.     May  revoke  the  proclamation.     [Repealed  1905 ; 

Stats.  1905.  p.  412.] 

Legislation  §  733.     1.  Enacted  February  14,  1872. 
2.  Repealed  by  Stats.  1905,  p.  412. 

§  734.  Only  national  guard  shall  drill  or  parade  with 
arms.  Exception.  It  shall  not  be  lawful  for  any  body  of 
men  whatever,  other  than  the  re2;iilar  organized  national 
guard  of  this  state,  and  the  troops  of  the  United  States,  to 
associate  themselves  tosrether  as  a  military  company  or  or- 
ganization, to  drill  or  parade  with  arms  in  any  city  or  town 
of  this  state,  without  the  license  of  the  governor  thereof, 
which  license  may  at  any  time  be  revoked ;  and  provided  fur- 
ther, that  students  in  educational  institutions  where  military 
science  is  a  part  of  the  course  of  instruction  may,  with  the 
consent  of  the  governor,  drill  and  parade  with  arms  in  pub- 
lic under  the  superintendence  of  their  instructor;  provided, 
that  nothing  herein  contained  shall  be  construed  so  as  to 
prevent  benevolent  or  social  organizations  from  wearing 
swords.  And  any  person  or  persons  violating  any  of  the 
provisions  of  this  section  shall  1  e  guilty  of  a  misdemeanor, 
and  subject  to  arrest  and  punishment  therefor. 
Legislation  §  734.     Added  by  Stats.  1895,  p.  193. 


411  IMPEACHMENT  OF   PUBLIC   OFFICERS.  §  738 


TITLE    II. 

Judicial  Proceedings  for  the  Removal  of  Public  Officers  by 
Impeachment  or  Otherwise. 

Chapter  I.     Impeachments.     §§  737-7")3. 

IT.     Eemoval    of    Civil    Officers    Otherwise   Than    by    Impeach- 
ment.    §§  758-772. 


CHAPTER  I. 

Impeachments. 

§  737.  Officers  liable  to  impeachment. 

§  738.  Articles,  how  prepared.     Trial  by  senate. 

§  739.  Articles  of  impeachment. 

§  740.  Time  of  hearing.     Service  on  defendant. 

§  741.  Service,  how  made. 

§  742.  Proceedings  on  failure  to  appear. 

§  743.  Defendant,   after  appearance,  may  answer   or  demur. 

§  744.  If  demurrer  is  overruled,  defendant  must  answer. 

§  74.5.  Senate  to  be  sworn. 

§  746.  Two  thirds  necessary  to  a  conviction. 

§  747.  Judgment  on  conviction,  ho-w  pronounced. 

§  748.  Same. 

§  749.  Nature  of  the  judgment. 

§  7.50.  Effect  of  judgment  of  suspension. 

§  751.  Officer,    when    impeached,    disqualified    until    acquitted.     Gov- 
ernor to  temporarily  fill  vacancy. 

§  752.  Presiding  officer  when  lieutenant-governor  is  impeached. 

§  753.  Impeachment  not  a  bar  to  indictment. 

§  737.  Officers  liable  to  impeachment.  The  oovernor, 
lieutenant-governor,  secretary  of  state,  controller,  treasurer, 
attorney-general,  surveyor-general,  chief  justice,  associate 
justices  of  the  supreme  court,  and  judges  of- the  sTiperior 
courts,  are  liable  to  impeachment  for  any  misdemeanor  in 
office.  [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  3.] 

Impeachment.  This  section  is  taken  from  the  first  portion  of  §  18 
of  art.  iv  of  the  state  constitution. 

Legislation  §  737.  1.  Enacted  February  14,  1872;  in  substance  the 
same  as  Grim.  Prae.  Act,  Stats.  1851,  p.  217,  §  51. 

2.  Amended  by  Code  Amdts.  1880,  p.  3,  changing  "justices  of  the 
supreme  court"  to  "chief  justice,  associate  justices  of  the  supreme 
court." 

3.  Kepeal  by  Stats.  1901,  p.  480;  unconstitutional.  See  note,  §  5, 
ante. 

§  738.  Articles,  how  prepared.  Trial  by  senate.  xVll  im- 
peachments must  be  by  resolution  adopted,  originated  in, 
and  conducted  by  managers  elected  by  the  assembly,  who 
must  prepare  articles  of  impeachment,  present  them  at  the 


i;  742  PENAL   COD?].  4ri 

bill"  ol*  the  seiijitc.  ;iii<l  prosecute  \hv.  Stiiiie.      The  Iriiil   must 
be  had  bcL'ore  the  senate,  sitting  ;is  a  (tourt  of  iiiii)eaclinient. 

Impeachment.  This  section  is  also  takcu  from  Coust.  1879,  art.  iv, 
§  17.  In  tliis  respect  our  constitution  is  similar  to  the  Federal  con- 
stitution:  U.  y.  Const.,  art.  i,  §  3. 

Legislation  §  738.  1.  Enacted  February  M,  1872;  based  on  Grim. 
Prac.  Act,  Stats.  18.51,  p.  218,  §  52,  which'  read:  "§  52.  Mi  impeach- 
ments shall  be  tried  by  the  senate;  when  sitting  for  that  purpose  the 
senators  shall  be  upon  oath  or  affirmation." 

2.  Repeal  by  Stats.  1901,  p.  480;  unconstitutional.  See  note,  §  5, 
ante. 

§739.  Articles  of  impeachment.  When  an  offieer  is  im- 
peached by  the  assemMy  for  a  misdemeanor  in  office,  the 
articles  of  impeachment  must  be  delivered  to  the  president 
of  the  senate. 

Legislation  §  739.     Enacted  February  14,  1872  (N.  Y.  Code  Grim. 

Proc,  §  118);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 

p.  218,  §  53. 

§  740.  Time  of  hearing.  Service  on  defendant.  The  sen- 
ate must  assign  a  day  for  the  hearing  of  tlie  impeachment 
and  inform  the  assembly  thereof.  The  president  of  the  sen- 
ate must  cause  a  copy  of  the  articles  of  impeachment,  with 
a  notice  to  appear  and  answer  the  same  at  the  time  and 
place  appointed,  to  be  served  on  the  defendant  not  less  than 
ten  days  before  the  day  fixed  for  the  hearing. 

Legislation  §  740.     Enacted  February  14,  1872   (N.  Y.  Code  Grim. 

Proc,  §  119);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 

p.  218,  §  54. 

§  741.  Service,  how  made.  The  service  must  be  made 
upon  the  defendant  personally,  or  if  he  cannot,  upon  diligent 
inquiry,  be  found  within  the  state,  the  senate,  upon  proof 
of  that  fact,  may  order  publication  to  be  made,  in  such  man- 
ner as  it  may  deem  proper,  of  a  notice  requiring  him  to 
appear  at  a  specified  time  and  place  and  answer  the  articles 
of  impeachment. 

Sergeant-at-arms  to  execute  process:  See  Pol.  Code,  §  259. 
Legislation  §  741.     Enacted  February  14,  1872;   (N.  Y.  Code  Grim. 

Proc,  §  120);  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  218,  §  55. 

§  742.  Proceedings  on  failure  to  appear.  If  the  defend- 
ant does  not  appear,  the  senate,  upon  proof  of  service  or 
publication,  as  provided  in  the  two  last  sections,  may,  of  its 
own  motion  or  for  cause  shown,  assign  another  day  for  hear- 
ing the  impeachment,  or  may  proceed,  in  the  absence  of  the 
defendant,  to  trial  and  judgment. 

Legislation  §  742.     Enacted  February  14,  1872  (N.  Y.  Code  Grim. 

Proc,  §  121);  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  218,  §  56. 


413  IMPEACHiMENT  OF   PUBLIC   OFFICERy.  §  7-lG 

§  743.  Defendant,  after  appearance,  may  answer  or  de- 
mur. When  the  defendant  appears,  he  may  in  writing  object 
to  the  sufficiency  of  the  articles  of  impeachment,  or  he  may 
answer  the  same  by  an  oral  plea  of  not  guilty,  which  plea 
must  be  entered  upon  the  journal,  and  puts  in  issue  every 
material  allegation  of  the  articles  of  impeachment. 

Legislation  §  743.  Enacted  Febniary  U,  1872  (N.  Y.  Code  Crim. 
Proc,  §§  122,  123) ;  based  on  Crim.  Prae.  Act,  Stats.  1851,  p.  218,  §  57, 
which  read:  "§57.  When  the  defendant  appears  he  must  answer 
the  articles  of  impeachment,  which  he  may  do,  either  by  objecting 
to  the  suflfieieney  of  the  same  or  anj-  article  therein,  or  by  denying 
the  truth  of  the  same." 

§  744.    If  demurrer  is  overruled,  defendant  must  answer. 

If  the  objection  to  the  sufficiency  of  the  articles  of  impeach- 
ment is  not  sustained  by  a  majority  of  the  members  of  the 
senate  Avho  heard  the  argmnent,  the  defendant  must  be 
ordered  forthwith  to  answer  the  articles  of  impeachment. 
If  he  then  pleads  guilty,  or  refuses  to  plead,  the  senate  must 
render  judgment  of  conviction  against  him.  If  he  plead 
not  guilty,  the  senate  must,  at  such  time  as  it  may  appoint, 
proceed  to  try  the  impeachment. 

Legislation  §  744.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  124);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  218,  §§  58,  59, 
which  read:  "§58.  If  the  defendant  object  to  the  sufficiency  of 
the  impeachment  the  objection  must  be  in  writing,  but  need  not  be 
in  any  specific  form,  it  being  sufficient  if  it  present  intelligibly  the 
grounds  of  the  objection.  If  he  deny  the  truth  of  the  impeachment 
the  denial  may  be  oral  and  wittiout  oath,  and  shall  be  entered  upon 
the  journal.  §  59.  If  an  objection  to  the  sufficiency  of  the  impeach- 
ment be  not  sustained  by  a  majority  of  the  members  of  the  senate 
who  heard  the  argument,  the  defendant  shall  be  ordered  forthwith 
to  answer  the  articles  of  impeachment.  If  he  plead  guilty  or  refuse 
to  plead,  the  senate  shall  render  judgment  of  conviction  against 
him.  If  he  deny  the  matters  charged  the  senate  shall,  at  such  time 
as  they  may  appoint,  proceed  to  try  the  impeachment." 

§  745.  Senate  to  be  sworn.  At  the  time  and  place  ap- 
pointed, and  before  the  senate  proceeds  to  act  on  the 
impeachment,  the  secretary  must  administer  to  the  presi- 
dent of  the  senate,  and  the  president  of  the  senate  to  each 
of  the  members  of  the  senate  then  present,  an  oath  truly  and 
impartially  to  hear,  try,  and  determine  the  impeachment; 
and  no  member  of  the  senate  can  act  or  vote  upon  the  im- 
peachment, or  upon  any  question  arising  thereon,  without 
having  taken  such  oath. 

Legislation  §  745.     Enacted   February   14,   1872;    in   substance   the 

same  as  Crim.  Prac.  Act,  Stats.  IS'ol,  p.  218,  §  GU. 

§  746.  Two  thirds  necessary  to  a  conviction.  The  defend- 
ant cannot  be  convicted  on  impeachment  without  the  con- 


§  750  I'ENAL    CODE.  414 

ciirrence  of  two  thii-ds  of  tlie  iiiciiilxTs  elet'ted,  votinj]:  by 
ayes  and  noes,  and  if  two  tliirds  of  the  members  elected  do 
not  concur  in  a  conviction  he  must  be  acquitted.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  3.] 

Legislation  §  746.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Criiii.  rroc,  §  IS:"));  in  substance  the  same  as  dim.  Prac.  Act,  Stats. 
1851,  p.  219,  §  62. 

2.  Amended  by  Code  Amdts.  1880,  ]^.  ?,,  (1)  omitting  the  article 
"an"  before  "impeachment,"  and  (2)  substituting  "elected"  for 
"present"  in  both  instances. 

§747.  Judgment  on  conviction,  how  pronounced.  After 
conviction  the  senate  must,  at  siu-h  time  as  it  may  appoint, 
pronounce  judgment,  in  the  form  of  a  resohition  entered 
upon  the  journals  of  the  senate. 

Legislation  §  747.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §126);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  219,  §  68, 
which  read:  "§  63.  After  conviction  the  senate  shall  immediately, 
or  at  such  other  time  as  they  shall  appoint,  pronounce  judgment, 
which  shall  be  in  the  form  of  a  resolution  entered  upon  the  journal? 
of  the  senate.  The  vote  upon  the  passage  thereof  shall  be  taken  by 
yeas  and  nays,  and  shall  in  like  manner  be  entered  upon  the  journal." 

§748.  Same.  On  the  adoption  of  the  resolution  by  a 
majority  of  the  members  present  "vvho  voted  on  the  question 
of  acquittal  or  conviction,  it  becomes  the  judgment  of  the 
senate. 

Legislation  §  748.     Enacted  February  14,  1872   (N.  Y.  Code  Crim. 

Proc,  §  127);  in  substance  the  sanig  as  Crim.  Prac.  Act,  Stats.  18.51, 

p.  219,  §  64. 

§  749.  Nature  of  the  judgment.  The  judgment  may  be 
that  the  defendant  be  susi)ended,  or  tbat  he  be  removed  from 
office  and  disqualified  to  hold  any  office  of  honor,  trust,  or 
profit  under  the  state.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  3.] 

Judgment  on  removal:  See  Const.,  art.  iv,  §  18. 
Legislation  §  749.  1.  Enacted  February  14, 1872  (N.  Y.  Code  Crim. 
Proc,  §128);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  219,  §  65, 
which  read:  "§  65.  The  judgment  may  be  that  the  defendant  be 
suspended  and  removed  from  oflSce,  or  that  he  be  removed  from 
office  and  disqualified  to  hold  and  enjoy  a  particular  office  or  class 
of  offices,  or  any  office  of  honor,  trust,  or  profit,  under  this  state." 
When  enacted  in  1872,  (1)  the  words  "of  honor,  trust,  or  profit," 
were  omitted,  and  (2)  "under"  changed  to  "in,"  before  "this  state," 
at  end  of  section. 

2.  Amended  by  Code  Amdts.  1880,  p.  3. 

§  750.  Effect  of  judgment  of  suspension.  If  judgment  of 
suspension  is  given,  the  defendant,  during  the  continuance 
thereof,  is  disqualified  from  receiving  the  salary,  fees,  or 
emoluments  of  the  office. 


415  IMPEACHMENT  OF   PUBLIC   OFFICERS.  §  753 

Legislation  §  750,  Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  219,  §  66. 

§  751.  Officer,  when  impeached,  disqualified  until  ac- 
quitted. Governor  to  temporarily  fill  vacancy.  Whenever 
articles  of  impeachment  against  any  officer  subject  to  im- 
peachment are  presented  to  the  senate,  sneh  officer  is  tem- 
porarily suspended  from  his  office,  and  cannot  act  in  his 
official  capacity  until  he  is  acquitted.  Upon  such  suspension 
of  any  officer  other  than  the  governor,  his  office  must  at  once 
be  temporarily  filled  by  an  appointment  made  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  senate,  until  the 
acquittal  of  the  party  impeached ;  or,  in  case  of  his  removal, 
until  the  vacancy  is  filled  at  the  next  election,  as  required  by 
law. 

Legislation  §  751.  Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  §  67,  as  amended  by  Stats.  1857,  p.  17,  §  1. 

§  752.  Presiding-  officer  when  lieutenant-governor  is  im- 
peached. If  the  lieutenant-governor  is  impeached,  notice  of 
the  impeachment  must  be  immediately  given  to  the  senate 
by  the  assembly,  that  another  president  may  be  chosen. 

Legislation  §  752.     Enacted  February  14,  1872  (N,  Y.  Code  Crim. 

Proc,  §  130);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  219,  §  68. 

§  753,     Impeachment  not   a  bar  to  indictment.     If    the 

ofl^ense  for  which  the  defendant  is  convicted  on  impe*ach- 
ment  is  also  the  subject  of  an  indictment  or  information,  the 
indictment  or  information  is  not  barred  thereby.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  3.] 

Legislation  §  753.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §131);  base*  on  Crim.  Prac.  Act,  Stats.  1851,  p.  219,  §69, 
which  read:  "§  69.  If  the  offense  for  which  the  defendant  is  im- 
peached be  the  subject  of  an  indictment,  the  indictment  shall  not  be 
barred  by  the  impeachment." 

2.  Amended  by  Code  Amdts.  1880,  p.  3,  adding  "or  information" 
after  "indictment"  in  both  instances. 


g  7G0  I'KNAL    CODE.  410 

CIJArTKK  II. 

Removal  of  Civil  Officers  Otherwise  Than  by  Impeachment. 

§  75S.     Accusation  to  be  presented  by  the  grand  jury. 

§  759.     Form  of  accusation. 

§  760.     Accusation   of  impeachment  to   be  transmitted  to   the   district 

attorney,  and  copy  served  on  the  defendant. 
§  761.     Proceedings  if  defendant  docs  not  appear. 
§  762.     Defendant  may  object  to  or  deny  the  accusation. 
§  763.     Form  of  objection. 
§  764.     Manner  of  denial. 

.§765.     If  objections  overruled,  defendant  must  answer. 
§  766.     Proceedings  upon  plea  of  guilty,  refusal  to  answer  or  deny. 
S  767,     Trial  by  jury. 

§  768.     State  and  defendant  entitled  to  process  for  witnesses. 
§  769.     .Judgment  upon  conviction,  and  its  form. 
§  770.     Appeal,  how  taken.     Defendant  to  be  suspended  and  vacancy 

filled. 
§  771.     Proceedings  for  the  removal  of  a  district  attorney. 
§  772.     Eemoval    of    public    oflficers    by    summary    proceedings    before 

superior  courts. 

§  758.    Accusation  to  be  presented  by  the  grand  jury.     An 

accusation  in  writing  against  any  district,  county,  township. 
or  municipal  officer,  for  willful  or  corrupt  misconduct  in 
office,  may  be  presented  by  the  grand  jury  of  the  county  for 
or  in  which  the  otHcer  accused  is  elected  or  appointed. 

Removal  of  civil  officers  otherwise  than  by  impeachment.  Under 
thie  section,  which  is  taken  from  art.  iv,  §  18,  of  the  state  constitu- 
tion, all  ofRcers,  other  than  those  named  in  §  737  as  liable  to  im- 
peachment, are  liable  to  be  tried  for  misconduct  in  ofhce,  and  if 
found,  guilty,  removed  therefrom.  The  constitutional  provision  just 
referred  to  reads:  "All  other  civil  officers  shall  be  tried  for  misde- 
meanor in  office  in  such  manner  as  the  legislature  may  provide." 

Legislation  §  758.  1,  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  219,  §  70.  ' 

2,  Amendment  by  Stats.  1901,  p.  481 ;  unconstitutional.  See  note, 
§  5,  ante. 

§  759.  Form  of  accusation.  The  accusation  must  state  the 
offense  charged,  in  ordinary  and  concise  language,  and  with- 
out repetition. 

Legislation  §  759.     Enacted   February   14,   1872;    in   substance'  the 

same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  219,  §  71. 

§  760.  Accusation  of  impeachment  to  be  transmitted  to 
the  district  attorney,  and  copy  served  on  the  defendant. 

The  accusation  nnist  l)e  delivered  by  the  foreman  of  the 
grand  jury  to  the  district  attorney  of  the  county,  except 
when  he  is  the  officer  accused,  Avho  must  canse  a  copy  thereof 
to  be  served  upon  the  defendant,  and  require,  by  notice  in 
writing  of  not  less  than  ten  days,  that  he  appear  before  the 
superior  court  of  the  county,  at  a  time  mentioned  in  the 


117    REMOVAL  OF  OFFICERS  OTHER  THAN  BY  IMPEACHMENT.    §  76G 

notice,  and  answer  the  accusation.     The  original  accusation 
must  then  be  filed  with  the  clerk  of  the  court.      [Amendment 
approved  1880;  Code  Amdts.  1880,  p.  32.] 
Time  to  appear:  See  post,  §  772. 

Legislation  §  760.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  219,  §  72. 

2.  Amended  by  Code  Amdts.  1880,  p.  32,  (1)  in  first  sentence,  sub- 
stituting (a)  "superior  court"  for  "district  court,"  and  (b)  "at  a 
time  mentioned  in  the  notice"  for  "at  its  next  term";  (2)  in  final 
sentence,  omitting  "district"  before  "court." 

§  761,     Proceedings  if  defendant  does  not  appear.     The 

defendant  must  appear  at  the  time  appointed  in  the  notice 
and  answer  the  accusation,  unless  for  some  sufficient  cause 
the  court  assign  another  day  for  that  purpose.  If  he  does 
not  appear,  the  court  may  proceed  to  hear  and  determine 
the  accusation  in  his  absence. 

Legislation  §  761.  Enacted  February  14,  1872;  iu  substanr-e  the 
same  as  Crim.  Prac.  Act,  Stats,  1851,  p.  219,  §  73. 

§  762,     Defendant  may  object  to  or  deny  the  accusation. 

The  defendant  may  ansAver  th(^  accusation  either  by  object- 
ing to  the  sufficiency  thereof,  or  of  any  article  therein,  or  by 
denying  the  truth  of  the  same. 

Legislation  §  762.  Enacted  February  14,  1872;  in  exact  language 
of  Crim.  Prac.  A't,  Stats.  1851,  p.  220, "§  74. 

§  763.  Form  of  objection.  If  he  objects  to  the  legal  suffi- 
ciency of  the  accusation,  the  objection  must  be  in  writine, 
but  need  not  be  in  any  specific  form,  it  being  sufficient  if  it 
presents  intelligibly  the  grounds  of  the  objection. 

Legislation  §  763.     Enacted   February    14,   1872;    in  substance   the 

same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  220,  §  75. 

§764,  Manner  of  denial.  If  he  denies  the  truth  of  the 
accusation,  the  denial  may  be  oral  and  without  oath,  and 
must  be  entered  upon  the  minutes. 

Legislation  §  764.     Enacted   February   14,   1872;    in   substance   the 

same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  220,  §  76. 

§765.     If  objections  overruled,  defendant  must  answer. 

If  an  objection  to  the  sufficiency  of  the  accusation  is  not  sus- 
tained, the  defendant  must  answer  thereto  forthwith. 

Legislation  §  765,  Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  Stats.  1851,  p,  220,  §  77, 

§  766.  Proceedings  upon  plea  of  guilty,  refusal  to  answer 
or  deny.  If  the  defendant  pleads  guilty,  or  refuses  to  an- 
swer the  accusation,  the  court  must  render  judgment  of 
conviction  against  him.     If  he  denies  the  matters  charged, 

Pen.  Code — 27 


§  770  I'ENAL    CODE.  418 

the  coiii't  must  imineiliately,  oi"  at  .such   time  as  it   may  ap- 
l)oint,  proceed  to  try  the  aeeiisation. 

Legislation  §  766.  Enaetcd  Fcbrnaiy  14,  1872.;  in  substance  the 
same  as  Crini.  Prac.  Act,  Stats.  1851,  p.  220,  §  78. 

§767.  Trial  by  jury.  Tho  trial  )iiust  l)e  by  a  jury,  and 
conducted  in  all  I'cspccts  in  the  same  mannci"  as  the  trial  of 
an  indictment  for  a  misdemeanor. 

Legislation  §  767.  Enacted  February  14,  1872;  in  substance  the 
same   as   r'riin.   Prac.  Act,   Stats.   lS.)l",   p.   220,  §  79. 

§  768.  State  and  defendant  entitled  to  process  for  wit- 
nesses. The  district  attorney  and  the  defendant  are  respect- 
ively entitled  to  such  process  as  may  be  necessary  to  enforce 
the  attendance  of  witnesses  as  upon  a  trial  of  an  indictment. 
Legislation  §  768.     Enacted  February  14,  1872;   in   substance  the 

same  as  Crim.  Prac.  Act,  Stats.  18.51,  p."  220,  §  80. 

§  769.  Judgment  upon  conviction,  and  its  form.  Upon  a 
conviction,  the  court  must,  at  such  time  as  it  may  appoint, 
pronounce  judgment  that  the  defendant  be  removed  from 
office;  but,  to  warrant  a  removal,  the  judijment  must  be  en- 
tered upon  the  minutes,  and  the  causes  of  removal  must  be 
assigned  therein. 

Legislation  §  769.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  §  81,  as  amended  by  Stats.  186.3,  p.  1.58,  §  4,  which  read: 
"§  81.  Upon  a  conviction,  the  court  shall  immediately,  or  at  such 
other  time  as  the  court  may  appoint,  pronounce  judgment  that  the 
defendant  be  removed  from  office;  but.  to  warrant  a  removal,  the 
.iudgment  must  be  entered  upon  the  minutes,  assigning  therein  the 
causes  of  such  removal." 

2.  Amendment  by  Stats.  1901,  p.  481;  unconstitutional.  See  note, 
§  5,  ante. 

§  770.  Appeal,  how  taken.  Defendant  to  be  suspended 
and  vacancy  filled.  From  a  judgment  or  decree  of  removal 
from  office  under  any  provision  of  this  chapter,  an  appeal 
may  be  taken  to  the  supreme  court  in  the  same  manner  as 
from  a  judgment  in  a  civil  action  but  until  such  judgment 
is  reversed,  the  defendant  is  suspended  from  office  after 
thirty  days  from  the  entry  of  the  judgment,  unless  within 
such  thirty  days  there  shall  be  filed  in  the  office  of  the  clerk 
of  the  court  in  which  the  conviction  was  had,  a  certificate 
of  a  judge  of  the  superior  court  that  in  his  opinion  there 
is  probable  cause  for  the  appeal.  If  a  bill  of  exceptions  is 
not  settled  in  time  to  be  used  upon  an  application  for  such 
a  certificate  or  within  twenty  days  after  such  judgment  is 
entered,  the  error  relied  upon  may  be  presented  to  such 
judge  in  any  manner  satisfactory  to  such  judge.  If  no 
such  certificate  be  filed  within  thirty  days  the  office  must 


419    REMOVAL  OF  OFFICERS  OTHER  THAN  BY  IMPEACHMENT.    §  772 

pending  the  api:)eal  be  filled  as  in  case  of  a  vacancy.  Ap- 
peals taken  under  this  section  shall  be  entitled  in  the  appel- 
late court  to  priority  in  hearing  over  all  cases  except  such 
as  have  been  advanced  upon  its  calendar  by  special  order 
of  such  appellate  court.  [Amendment  approved  1905 ; 
Stats.  1905,  p.  251.] 

Appeals,  how  taken  generally:  See  post,  §§  1239,  1240. 
Legislation  §  770.  1.  Eiiarted  February  14,  1872;  baseil  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  220,  §  82,  wluGli'read:  "§  82.  From  a  judg- 
ment  of  removal  an  appeal  may  be  taken  to  the  supreme  court  in 
the  same  manner  as  from  a  judgment  in  a  civil  action,  but  until 
such  judgment  be  reversed  the  defendant  shall  be  suspended  from 
his  office.  Pending  the  appeal  the  office  may  be  filled  as  in  case  of 
vacancy."  "^"hen  enacted  in  1872,  §  770  read:  "770.  From  a  judg- 
ment of  removal  an  appeal  may  be  taken  to  the  supreme  court,  in 
the  same  manner  as  from  a  judgment  in  a  civil  action;  but  until 
such  judgment  is  reversed  the  defendant  is  suspended  from  his 
office.  Pending  the  appeal,  tlie  office  must  be  filled  as  in  case  of  a 
vacancy." 

2,  Amended  by  Stats.  1905,  p.  251. 

§  771.     Proceedings  for  the  removal  of  a  district  attorney. 

The  same  proceedings  may  l)e  had  on  like  grounds  for  the 
removal  of  a  district  attorney,  except  that  the  accusation 
must  be  delivered  by  the  foreman  of  the  grand  jury  to  the 
clerk,  and  by  him  to  a  judge  of  the  superior  court  of  the 
county,  who  must  thereupon  appoint  some  one  to  act 
as  prosecuting  officer  in  the  matter,  or  place  the  accusation 
in  the  hands  of  the  district  attorney  of  an  adjoining  county, 
and  require  him  to  conduct  the  proceedings.  [Amendment 
approved  1880;  Code  Amdts.  1880,  p.  32.] 

Legislation  §  771.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851.  p.  220,  §  83,  which  read:  "§83.  The  same 
proceedings  may  be  had  on  like  grounds  for  the  removal  of  a  dis- 
trict attorney,  except  that  the  accusation  shall  be  delivered  to  the 
district  judge  of  the  district,  who  shall  thereupon  appoint  some  one 
to  act  as  prosecuting  officer  in  the  matter,  or  shall  place  the  accusa- 
tion in  the  hands  of  the  district  attorney  of  an  adjoining  county, 
and  require  him  to  conduct  the  proceedings." 

2.  Amended  by  Code  Amdts.  1880,  p.  32,  substituting  "a  judge  of 
the  superior  court  of  the  county"  for  "the  district  judge  of  the 
district." 

§  772.  Removal  of  public  officers  by  summary  proceed- 
ings before  superior  courts.  When  an  accusation  in  writ- 
ing, verified  by  the  oath  of  any  person,  is  presented  to  a 
superior  court,  alleging  that  any  offtcer  within  the  jurisdic- 
tion of  the  court  has  been  guilty  of  charging  and  collecting 
illegal  fees  for  services  rendered,  or  to  be  rendered,  in  his 
office,  or  has  refused  or  neglected  to  perform  the  official 
duties  pertaining  to  his  office,  the  court  must  cite  the  party 
charged  to  appear  before  the  court  at  a  time  not  more  than 


§  772  I'EiNAL    CODE.  420 

ten  nor  less  than  five  days  from  the  time  the  accusation 
was  presented,  and  on  that  day,  or  some  otlier  subsequent 
day  not  more  than  twenty  days  from  that  on  which  the  ac- 
cusation was  presented,  must  proceed  to  hear,  in  a  sum- 
mary manner,  the  accusation,  and  evidence  offered  in  sup- 
port of  the  same,  and  the  answer  and  evidence  offered  by 
the  party  accused ;  and  if,  on  such  hearing,  it  appears  that 
the  charge  is  sustained,  the  court  must  enter  a  decree  that 
the  party  accused  be  deprived  of  his  office,  and  must  enter 
a  judgment  for  five  hundred  dollars  in  favor  of  the  in- 
former, and  such  costs  as  are  allowed  in  civil  cases.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  33.] 

Time  to  appear:  See  ante,  §  7G0. 

Legislation  §  772.  1.  Enacted  February  14,  1872;  in  substanetj 
the  same  as  Htats.  1853,  p.  41,  §  4. 

2.  Amended  by  Code  Amdts.  1880,  p.  33,  substituting  (1)  "accusa- 
tion" for  "information"  in  the  four  instances;  (2)  "superior  court" 
for  "district  court";  (3)  "accused"  for  "informed  against"  in  the 
two  instances. 

3.  Repeal  by  Stats.  1901,  p.  4S1;  unconstitutional.  See  note,  §  o, 
ante. 


421  LOCAL  JURISDICTION  OF  PUBLIC  OFFENSES. 


TITLE    III. 

Proceedings  in  Criminal  Actions  Prosecuted  by  Indictment, 
to  the  Commitment,  Inclusive. 

Chapter  I.  Local  Jurisdiction  of  Public  Offenses.     §§  777-795. 

II.  Time  of  Commencing  Criminal  Actions.     §§  799-803. 

III.  The  Information.     §§  806-810. 

IV.  The  Warrant  of  Arrest.     §§  811-829. 

V.  Arrest,  by   Whom   and  How  Made.     §§  834-851. 

VI,  Retaking  After  an  Escape  or  Rescue.     §§  854,  855. 

VII.  Examination  of  the   Case,  and  Discharge   of  the  Defend- 
ant,  or  Holding  Him  to   Answer.     §§  858-883. 

CHAPTER  I. 
Local  Jurisdiction  of  Public  Offenses. 

§  777.     .Turisdiction  of  offenses  committed  in  this  state. 

§  778.  When  the  offense  is  commenced  without,  but  consummated 
within  this  state. 

§  778a.  Performance  of  an  act  in  this  state  culminating  in  a  crime  in 
another  state. 

§  778b.  Non-resident  aiding  in  a  crime  in  this  state. 

§  779.  When  an  inhabitant  of  this  state  is  concerned  in  a  duel  out 
of  the  same,  and  a  party  wounded  dies  therein. 

§  780.  When  an  inhabitant  leaves  the  state  to  evade  the  statute 
against  dueling  or  challenges  to  fight. 

§  781.  When  an  offense  is  committed  partly  in  one  county  and  partly 
in  another. 

§  782.  When  committed  on  the  boundary,  etc.,  of  two  or  more  coun- 
ties. 

§  783.     Offenses  on  ships  or  cars,  jurisdiction  of. 

§  784.     Kidnaping  or  abduction. 

S  785.     Jurisdiction  of  an  indictment  for  bigamy  or  incest. 

§  786.  When  property  is  feloniously  taken  in  one  county  and  brought 
into  another. 

§  787.     Jurisdiction  of  criminal  action  for  escaping  from  prison. 

§  788.  Jurisdiction  of  a  criminal  action  for  treason  committed  out  of 
the  state. 

§  789.  Stealing  property  in  another  state  and  bringing  it  into  this 
state. 

§  790.  Jurisdiction  of  a  criminal  action  for  murder,  etc.,  where  in- 
jury was  inflicted  in  one  county  and  party  dies  out  of  that 
county. 

§  791.     Of  an  indictment  against  an  accessory. 

§  792.  Jurisdiction  in  cases  of  principals  who  are  not  present,  etc., 
at  commission  of  principal  offense. 

§  793.  Conviction  or  acquittal  in  another  state  a  bar,  where  the  juris- 
diction is  concurrent. 

§  794.  Conviction  or  acquittal  in  another  county  a  bar,  where  the 
jurisdiction  is  concurrent. 

§  795.     Jurisdiction  in  certain  cases. 

§  777.     Jurisdiction  of  offenses  committed  in  this  state. 

Every  person  is  liable  to  punishment  by  the  laws  of  this 


v;  77S;i  I'EXAL  coDK.  422 

stato,  J'oi'  a  public  olTciisc  i'<»iiiiiiittc(l  l)_\-  him  tlici'cin,  (>x('('i)t 
where  it  is  by  law  eoyiii/.abb'  exclusively  in  tiie  coui'ls  ol" 
the  United  States;  fuid  except  as  herein  otherwise  provided, 
the  jurisdietion  ol'  cwvy  public,  oifensc  is  in  the  county 
wherein  it  is  eonuuitted.  |  Amendment  approved  1905; 
Stats.  1<J05,  p.  692.] 

Jurisdiction  of  police  court:  8oc  Pol.  Code,  §  442G. 
Legislation  §  777.  1.  Isnacted  Fcbiuary  14,  1872;  based  on  Crim. 
Prae.  Act,  Stats.  IS.ll,  p.  220,  §  84,  which  read:  "§84.  Every  per- 
son, whether  an  inhabitant  of  this  or  any  other  state,  or  country, 
or  of  a  territory  or  district  of  the  United  States,  shall  be  liable  to 
punishment  by  the  laws  of  this  state  for  a  public  offense  committed 
by  him  therein,  except  where  it  is  by  law  cognizable  exclusively  in 
the  courts  of  the  United  States." 

2.  Amendment  by  Stats.  1901,  p.  481;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  692,  adding  the  exception  at  end 
of  section,  after  "United  States";  the  code  commissioner  saying, 
"The  aihendment  declares  that  the  jurisdiction  of  any  public  offense 
not  otherwise  specially  provided  for  is  within  the  county  where  it 
was  committed.  Although  this  has  always  been  understood  to  be  the 
law,  the  code  contained   no  express  declaration  upon   the  subject." 

§  778.  When  the  offense  is  commenced  without,  but  con- 
summated within  this  state.  When  the  eomniission  of  a  pub- 
lic ofit'ense.  commenced  without  the  state,  is  consvnnmated 
within  its  boundaries,  the  defendant  is  liable  to  punishment 
therefor  in  this  state,  though  he  was  out  of  the  state  at  the 
time  of  the  commission  of  the  offense  charged.  If  he  con- 
summated it  in  this  state,  through  the  intervention  of  an 
innocent  or  guilty  agent,  or  any  other  means  proceeding 
directly  from  himself,  in  such  case  the  jurisdiction  is  in  the 
county  in  which  the  offense  is  consummated. 

Legislation  §  778.  Enacted  February  14,  1872;  based  on  Crim. 
Prae.  Act,  Stats.  1851,  p.  221,  §  85,  which  read:  "§85.  When  the 
commission  of  a  public  offense  commenced  without  the  state,  is  con- 
summated within  the  boundaries  thereof,  the  defendant  shall  be 
liable  to  punishment  in  this  state  though  he  were  without  the  state 
at  the  time  of  the  commission  of  the  offense  charged:  Provided,  he 
consummated  the  offense  through  the  intervention  of  an  innocent 
or  guilty  agent  without  this  state,  or  any  other  means  proceeding 
directly  from  himself,  and  in  such  case  the  jurisdiction  shall  be  in 
the  county  in  which  the  offense  is  consummated." 

§  778a.  Performance  of  an  act  in  this  state  culminating  in 
a  crime  in  another  state.  Whenever  a  person,  with  intent 
to  commit  a  crime,  does  any  act  within  this  state  in  execu- 
tion or  part  execution  of  such  intent,  which  culminates  in 
the  commission  of  a  crime,  either  within  or  without  this  state 
such  person  is  punishable  for  such  crime  in  this  state  in 
the  same  manner  as  if  the  same  had  been  committed  entirely 
within  this  state. 


423  LOCAL  JURISDICTION  OF  PUBLIC  OFFENSES.  §  780 

Legislation  §  778a.  1.  Addition  by  Stats.  1901,  p.  481;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  692;  the  code  commissioner  saying, 
"The  section  is  designed  to  provide  for  the  punishment  of  persons 
who  in  this  state  do  an  act  culminating  in  the  commission  of  a 
crime  in  another  state." 

§  778b.  Non-resident    aiding    in    a    crime    in    this    state. 

Every  person,  who,  being  out  of  this  state,  causes,  aids,  ad- 
vises, or  encourages  any  person  to  commit  a  crime  within 
this  state,  and  is  afterwards  found  within  this  state,  is 
punishable  in  the  same  manner  as  if  he  had  been  within  this 
state  when  he  caused,  aided,  advised,  or  encouraged  the 
commission  of  such  crime. 

Non-resident  aiding  in  commission   of  crime  in  this  state:   See 

ante,  §  27. 

Legislation  §  778b.  1.  Addition  by  Stats.  1901,  p.  481;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  692;  the  code  commissioner  saying, 
"The  object  of  this  section  is  to  provide  for  the  punishment  of  per- 
sons who,  being  out  of  the  state,  encourage  the  commission  of  crimes 
within  this  state,  and  are  themselves  afterward  found  within  this 
state." 

§  779,  When  an  inhabitant  of  this  state  is  concerned  in 
a  duel  out  of  the  same,  and  a  party  wounded  dies  therein. 
When  an  inhabitant  or  resident  of  this  state,  by  previous 
appointment  or  engagement,  fights  a  duel  or  is  concerned 
as  second  therein,  out  of  the  jurisdiction  of  this  state,  and 
in  the  duel  a  wound  is  inflicted  upon  a  person,  whereof  he 
dies  in  this  state,  the  jurisdiction  of  the  offense  is  in  the 
county  where  the  death  happens. 

Legislation  §  779.  Enacted  February  14,  1872;  based  on  Grim. 
Prac.  Act,  Stats.  1851,  p.  221,  §  86,  which  read:  "§  86.  When  an  in- 
habitant or  resident  of  this  state  shall,  by  any  previous  appoint- 
ment or  engagement,  fight  a  duel  or  be  concerned  as  a  second 
therein  without  the  jurisdiction  of  this  state,  and  in  such  duel  a 
wound  shall  be  inflicted  upon  any  person  whereof  he  shall  die  within 
the  state,  the  jurisdiction  of  the  offense  shall  be  in  the  county  where 
the  death  shall  happen." 

§  780.  When  an  inhabitant  leaves  the  state  to  evade  the 
statute  against  dueling  or  challenges  to  fight.  AVhen  an  in- 
habitant of  this  state  leaves  the  same  for  the  purpose  of 
evading  the  operation  of  the  provisions  of  the  code  relating 
to  dueling  and  challenges  to  fight,  with  the  intent  or  for  the 
purpose  of  doing  any  of  the  acts  prohibited  therein,  the 
jurisdiction  is  in  the  county  of  which  the  offender  was  an 
inhabitant  when  the  offense  w^as  committed. 

Leaving  state  to  evade  statute  against  dueling:  See  ante,  §  231. 
Legislation  §  780.     Enacted  February  14,  1872  (>f.  Y.  Code  Grim. 

Proc,  §133). 


^  784  I'KKAL    CODE.  424 

§  781.  When  an  offense  is  committed  partly  in  one  county 
and  partly  in  another.  Whcii  a  |)iiltli<'  oft'cnsc  is  coiniintted 
in  part  in  one  county  and  in  part  in  another,  or  the  acts  or 
efl'cct.s  tliereot'  constitutin;^-  or  reipiisitc  to  the  eonsununation 
of  the  offense  oceur  in  two  or  niori;  counties,  the  jurisdiction 
is  in  eitlier  county. 

Legislation  §  781.     Kiiat-tcd  l<\bruai-.v   U,  1872   (N.  Y.  Code  Crim. 

I'roo.,  §  134);  in  substaiice  the  same  as  Criin.  Prae.  Act,  Stats.  1851, 

p.  221,"  §  87. 

§  782.  When  committed  on  the  boundary,  etc.,  of  two  or 
more  counties.  When  a  pul)lic  offense  is  coniniitted  on  the 
honmhiry  oi'  two  or  more  counties,  or  Avithin  five  hujulred 
yards  thereof,  the  jurisdiction  is  in  either  county. 

Legislation  §  782.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  135);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  221,  §SS. 

§  783.  Offenses  on  ships  or  cars,  jurisdiction  of.  When 
an  offense  is  committed  in  this  state,  on  board  a  vessel  navi- 
liating  a  river,  bay,  slouch,  lake,  or  canal,  or  lyino;  therein, 
in  the  prosecution  of  her  voyage,  the  jurisdiction  is  in  any 
county  through  which  the  vessel  is  navigated  in  the  course 
of  her  voyage,  or  in  the  county  where  the  voyage  terminates; 
and  when  the  offense  is  committed  in  this  state,  on  a  rail- 
road train  or  car  prosecuting  its  trip,  the  jurisdiction  is  in 
any  county  through  which  the  train  or  car  passes  in  the 
course  of  her  trip,  or  in  the  county  where  the  trip  terminates. 
[Amendment  approved  1876;  Code  Amdts.  1875-76,  p.  116.] 

Legislation  §  783.  1.  Euacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  136,  137);  based  on  Crim.  Prac.  Act,  Stats.  1851, 
p.  221,  §  89,  which  read:  "§  89.  When  an  offense  is  committed 
within  this  state  on  board  a  vessel  navigating  a  river,  bay,  or  slue, 
[slough,]'  or  lying  therein  in  the  prosecution  of  her  voyage,  the 
jurisdiction  shall  be  in  any  county  through  which  the  vessel  is  navi- 
gated in  the  course  of  her  voyage,  or  in  the  county  where  the  voy- 
age shall  terminate." 

2.  Amended  by  Code  Amdts.  1875-76,  p.  116,  adding  the  final 
clause,  beginning  "and  when  the  offense  is  committed  in  this  state." 

§  784.  Kidnaping  or  abduction.  The  jurisdiction  of  a 
criminal  action : 

1.  For  forcibly  and  without  law-ful  authority  seizing  and 
confining  another,  or  inveigling  or  kidnaping  him,  with 
intent,  against  his  will,  to  cause  him  to  be  secretly  confined 
or  imprisoned  in  this  state,  or  to  be  sent  out  of  the  state,  or 
from  one  county  to  another,  or  to  be  sold  as  a  slave,  or  in 
any  way  held  to  service ; 

2.  For  decoying,  taking,  or  enticing  away  a  child  under 
the  age  of  twelve  years,  witli  intent  to  detain  and  conceal 


425  LOCAL  JURISDICTION  OF  PUBLIC  OFFENSES.  §  785 

it  from  its  parent,  guardian,  oi-  other  person  having  the  law- 
ful charge  of  the  child ; 

3.  For  inveigling,  enticing,  or  taking  away  an  unmarried 
female  of  previous  chaste  character,  under  the  age  of 
eighteen  years,  for  the  purpose  of  prostitution;  or, 

4.  For  taking  away  any  female,  under  the  age  of  sixteen 
years,  from  her  father,  mother,  guardian,  or  other  person 
having  the  legal  charge  of  her  person,  v\dthout  their  consent, 
either  for  the  purpose  of  concubinage  or  prostitution ; 

Is  in  the  county  in  which  the  offense  is  committed,  or  out 
of  wdiich  the  person  upon  whom  the  offense  was  committed 
has,  in  the  commission  of  the  offense,  been  taken,  or  in  which 
an  act  was  done  by  the  defendant  in  instigating,  procuring, 
promoting,  or  aiding  in  the  commission  of  tlie  offense,  or 
in  aletting  the  parties  concerned  therein.  [Amendment  ap- 
proved 1905;  Stats.  1905,  p.  692.] 

Enticing  away  children:  Seo  ante,  §  278. 

Enticing  away  unmarried  female:  See  ante,  §§  267,  268. 

Kidnaping  for  purpose  of  slavery:  See  ante,  §  207. 

Abducting  or  kidnaping  of  infant  for  prostitution:  See  ante, 
§  267. 

Legislation  §  784.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  221,  §  90,  which  read:  "§  90.  The  jurisdic- 
tion of  an  indictment  for  the  crime  of  forcibly  stealing,  taking,  or 
arresting  any  man,  woman,  or  child  in  this  state,  and  carrying  him 
or  her  into  any  other  courtty,  state,  or  territory,  or  for  forcibly  tak- 
ing or  arresting  any  person  or  persons  whomsoever,  with  a  design 
to  take  him  or  her  out  of  this  state,  without  having  established  a 
claim  according  to  the  laws  of  the  United  States,  or  for  hiring,  per- 
suading, enticing,  decoying,  or  seducing  by  false  promises,  misrep- 
resentations, and  the  like,  any  negro,  mulatto,  or  colored  person  to 
go  out  of  this  state,  to  be  taken  or  removed  therefrom  for  the  pur- 
pose and  with  the  intent  to  sell  such  negro,  mulatto,  or  colored  per- 
son into  slavery  or  involuntary  servitude,  or  otherwise  to  employ 
him  or  her  for  his  or  her  own  use  or  the  use  of  another,  without  the 
free  will  and  consent  of  such  negro,  mulatto,  or  colored  person,  shall 
be,  in  any  county  in  which  the  offense  is  committed,  or  into  or  out 
of  which  the  person  upon  whom  the  offense  was  committed  may  in 
the  prosecution  of  the  offense  have  been  brought,  or  in  which  an 
act  shall  be  done  by  the  offender  in  instigating,  procuring,  promot- 
ing, aiding  in,  or  being  accessory  to  the  commission  of  the  offense, 
or  in  abetting  the  parties  therein  concerned." 

2.  Amended  by  Code  Amdts.  1880,  p.  11,  in  introductory  para- 
graph, substituting  "a  criminal  action"  for  "an  indictment." 

3.  Amendment  by  Stats.  1901,  p.  481;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  692,  (1)  in  subds.  1  and  2,  omitting 
the  conjunction  "or"  from  the  end  of  the  subdivisions;  (2)  in  subd. 
3,  changing  "twenty-five  years"  to  "eighteen  years";  (3)  in  final 
paragraph,  changing  "may,  in  the  commission  of  the  offense,  have 
been  brought"  to  "has  in  the  commission  of  tlie  offense,  been  taken." 

§  785.     Jurisdiction  of  an  indictment  for  bigamy  or  incest. 
When  the  oft'ense,  either  of  bigamy  or  incest,  is  committed 


i5  789  PENAL    CODK.  426 

ill  oiu>  county  and  tlio  dd'cndant  is  appi'dicndcd  in  another, 
the  jurisdiction  is  in  eithei'  county. 

Legislation  §  785.  Enacted  February  14.  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  222,  §  91. 

§  786.  When  property  is  feloniously  taken  in  one  county 
and  brought  into  another.  When  i)ioperty  taken  in  one 
county  by  burghiry,  robbery,  larceny,  or  eml)ez/leinent,  has 
been  broiiiiht  into  another,  the  jurisdiction  of  the  offense 
is  in  either  county.  But  it'  at  any  time  before  the  conviction 
of  the  defendant  in  the  latter,  he  is  indicted  in  the  former 
county,  the  sheriff  of  the  latter  county  must,  upon  demand, 
deliver  him  to  the  sheriff  of  the  former. 

Bringing  stolen  property  into  state:  See  ante,  §  27,  subd.  2,  §  497; 
post,  §  789. 

Legislation  §  786.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  222,  §  92,  which  read:  "§92.  When  prop- 
erty feloniously  taken  in  one  county  by  burglary,  robbery,  larceny, 
or  embezzlement,  has  been  brought  into  another,  the  jurisdiction  of 
the  offense  shall  be  in  either  county.  But  if  at  any  time  before 
the  conviction  of  the  defendant  in  the  latter  he  be  indicted  in  the 
former  country,  [county,]  the  sheriff  of  the  latter  county  shall,  upon 
demand,  deliver  him  to  the  slieriff  of  the  former  county,  upon  being 
served  with  a  copy  of  the  indictment,  and  upon  receipt,  indorsed 
thereon  by  the  sheriff  of  the  former  county,  of  the  body  of  the 
offender,  and  shall  on  filing  the  copy  of  the  indictment  and  receipt, 
be  exonerated  from  all  liability  in  respect  to  the  custody  of  the 
offender." 

§787.  Jurisdiction  of  criminal  action  for  escaping  from 
prison.  Tlie  jurisdiction  of  a  criminal  action  for  escapin^^ 
from  prison  is  in  any  county  of  the  state.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  11.] 

Legislation  §  787.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1855,  p.  203, §  1. 

2.  Amended  by  Code  Amdts.  1880,  p.  11,  substituting  "a  criminal 
action"  for  "an  indictment." 

§788.  Jurisdiction  of  a  criminal  action  for  treason  com 
mitted  out  of  the  state.  The  jurisdiction  of  a  criminal  action 
for  treason,  Avhen  the  overt  act  is  committed  out  of  the  state, 
is  in  any  county  of  the  state.  [Amendment  approved  1880 ; 
Code  Amdts.  1880,  p.  11.] 

Legislation  §  788.  1.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  Stats.  1850,  p.  231,  §  17. 

2.  Amended  by  Code  Amdts.  1880,  p.  11,  substituting  "a  criminal 
action"  for  "an  indictment." 

§  789.  Stealing  property  in  another  state  and  bringing  it 
into  this  state.  The  jurisdiction  of  a  criminal  action  for 
stealiuj^'  or  embezzling,  in  any  other  state,  the  i)roperty  of 
another,  or  receiving  it  knowing'  it  to  liave  been  stolen  or 


427  LOCAL  JURISDICTION  OF  PUBLIC  OFFENSES.  §  792 

embezzled,  and  bringing  the  same  into  this  state,  is  in  any 
county  into  or  through  which  such  stolen  or  embezzled  prop- 
erty has  been  brought.  [Amendment  approved  1905 ;  Stats. 
1905,  p.  693.] 

Receiving  stolen  or  embezzled  property  out  of  state:  See  ante, 
§497. 

Crime  committed  by  person  out  of  state:  Ante,  §§  27,  subd.  2,  497. 

Taking  stolen  property  from  one  county  to  another:  Ante,  §  786. 

Bringing  stolen  property  into  state:  See  ante,  §§  27,  497. 

Legislation  §  789.  1.  Enacted  February  14,  1872;  based  on  Field's 
, Draft,  §  600,  N.  Y.  Pen.  Code,  §  540. 

2.  Amended  by  Code  Anidts.  1880,  p.  11,  substituting  "a  criminal 
action"  for  "an  indictment." 

3.  Amendment  by  Stats.  1901,  p.  482;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  693,  adding  (1)  "or  embezzling" 
after  "stealing,"  and  (2)  "or  embezzled"  after  "stolen"  in  both 
instances. 

§  790.  Jurisdiction  of  a  criminal  action  for  murder,  etc., 
where  injury  was  inflicted  in  one  county  and  party  dies  out 
of  that  county.  The  jurisdiction  of  a  criminal  action  for 
murder  or  manslaughter,  when  the  injury  which  caused  the 
death  was  inflicted  in  one  county,  and  the  party  injured  dies 
in  another  county  or  out  of  the  state,  is  in  the  county  where 
the  injury  was  inflicted.  [Amendment  approved  1880 ;  Code 
Amdts.  1880,  p.  11.] 

Legislation  §  790.     1.  Enacted  February  14,  1872;  based  on  Crimes 

and  Punishment  Act,  Stats.  1850,  p.  232,  §  28. 

2.  Amended  by  Code  Anidts.  1880,  p.  11,  substituting  "a  criminal 

action"  for  "an  indictment." 

§  791.     Of   an  indictment  against    an  accessory.     In  the 

case  of  an  accessory  in  the  commission  of  a  public  offense, 
the  jurisdiction  is  in  the  county  where  the  offense  of  the 
accessory   was    committed,   notAvithstanding   the   principal 
offense  was  committed  in  another  county. 
Accessories:  See  ante,  §§  30,  31,  32. 

Legislation  §  791.  Enacted  February  14,  1872;  based  on  Grim. 
Prac.  Act,  Stats.  1851,  p.  222,  §  93,  which  read:  "§  93.  In  the  case 
of  an  accessory  before  or  after  the  fact  in  the  commission  of  a 
public  offense,  the  jurisdiction  shall  be  in  the  county  where  the 
offense  of  the  accessory  was  committed,  notwithstanding  the  prin- 
cipal offense  was  committed  in  another  county."  The  code  commis- 
sioners say:  "The  distinction  between  an  accessory  before  the  fact 
and  the  principal  being  abolished  by  this  code,  and  the  word  'ac- 
cessory' substituted  for  'accessory  after  the  fact,'  this  section  has 
been  modified  to  adapt  it  to  the  changes  made." 

§  792.  Jurisdiction  in  cases  of  principals  who  are  not 
present,  etc.,  at  commission  of  principal  offense.  The  juris- 
diction of  a  criiniiuil  action  against  a  principal  in  the  com- 


§  795  PENAL   CODE.  428 

mission  of  a  public  offense,  when  such  principal  is  not  pres- 
ent at  the  commission  of  the  principal  offense,  is  in  the  same 
county  it  would  be  under  this  code  it*  he  were  so  present 
and  aiding  and  abetting  therein.  [Amendment  approved 
1880;  Code  Amdts.  1880,^p.  11.] 

Legislation  §  792.     1.  Enacted  February  14,  1872. 

2.  Aniondefl  by  Code  Amdts.  1880,  p.  11,  sub.stituting  '"a  criminal 
action"  for  "an  indictment. " 

§  793.  Conviction  or  acquittal  in  another  state  a  bar, 
where  the  jurisdiction  is  concurrent.  When  an  act  charged 
as  a  public  offense  is  within  the  jurisdiction  of  another  state 
or  country,  as  well  as  of  this  state,  a  conviction  or  acquittal 
thereof  in  the  former  is  a  bar  to  the  prosecution  or  indict- 
ment therefor  in  this  state. 

Foreign  conviction  or  acquittal:  See  ante,  §  65G;  post,  §  794. 
Legislation  §  793.  Enacted  Februarv  14.  1872  (N.  Y.  Code  Crim. 
Proc,  §  1.39);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  222,  §  94, 
wliich  read:  "§94.  When  an  act  charged  as  a  public  offense  is 
within  the  jurisdiction  of  another  state  or  territory  as  well  as  of 
this  state,  a  conviction  or  acquittal  thereof  in  such  state  or  terri- 
tory shall  be  a  bar  to  a  prosecution  therefor  in  this  state." 

§  794.  Conviction  or  acquittal  in  another  county  a  bar. 
where  the  jurisdiction  is  concurrent.  \Yhen  an  oft'ense  is 
within  the  jurisdiction  of  two  or  more  counties,  a  conviction 
or  acquittal  thereof  in  one  county  is  a  bar  to  a  prosecution  or 
indictment  therefor  in  another. 

Foreign  conviction  or  acquittal:  See  ante,  §§  656,  668,  793. 
Legislation  §  794.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  140);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  222,  §  95. 

§  795.  Jurisdiction  in  certain  cases.  The  jurisdiction  of 
a  violation  of  sections  foiu*  hundred  and  twelve,  four  hun- 
dred and  thirteen,  and  four  hundred  arid  fourteen  of  the 
Penal  Code,  or  a  conspiracy  to  violate  either  of  said  sections, 
is,  in  any  county: 

First.  In  which  any  act  is  done  towards  the  commission 
of  the  offense ;  or. 

Second.  Into,  out  of,  or  through  which  the  offender 
passed  to  commit  the  offense ;  or, 

Third.     Where  the  offender  is  arrested. 
Legislation  §  795.     Added  by  Code  Amdts.  1873-74,  p.  466. 


429  TIME  OF   COMMENCING   CRIMINAL   ACTIONS.  §  802 

CHAPTER  II. 

Time  of  Commencing  Criminal  Actions. 

§  799.  No  limitation  in  certain  crimes. 

§  800.  Limitation  of  three  years  in  all  other  felonies. 

§  801.  Limitation  of  one  year  in  misdemeanors. 

§  802.  Exception  when  defendant  is  out  of  the  state. 

§  803.  Indictment  found,  when  presented  and  filed. 

§  799.  No  limitation  in  certain  crimes.  There  is  no  limi- 
tation of  time  within  which  a  prosecution  for  murder,  the 
embezzlement  of  public  moneys,  and  the  falsification  of  pub- 
lic records  must  be  commenced.  Prosecution  for  murder 
may  be  commenced  at  any  time  after  the  death  of  the  person 
killed,  and  for  the  embezzlement  of  public  money  or  the 
falsification  of  public  records,  at  any  time  after  the  discovery 
of  the  crime.  [Amendment  approved  1891;  Stats.  1891, 
p.  192.] 

Legislation  §  799.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  141);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.  222,  §  96.  When  enacted  in  1872,  §  799  read:  "799.  There  is  no 
limitation  of  time  within  which  a  prosecution  for  murder  must  be 
commenced.  It  may  be  commenced  at  any  time  after  the  death  of 
the  person  killed." 

2.  Amended  by  Stats.  1891,  p.  192. 

§  800.    Limitation  of  three  years  in  all  other  felonies.    An 

indictment  for  any  other  felony  than  murder,  tlie  embezzle- 
ment of  public  money,  or  the  falsification  of  public  records,, 
must  be  found,  or  an  information  filed,  within  three  years 
after  its  commission.  [Amendment  approved  1891 ;  Stats. 
1891,  p.  193.] 

Legislation  §  800.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc,  §  142) ;  in  exact  language  of  Grim.  Prac.  Act,  Stats.  1851, 
p.  222,  §  97.  When  enacted  in  1872,  §  800  read:  "800.  An  indict- 
ment for  any  other  felony  than  murder  must  be  found  within  three 
years  after  its  commission." 

2.  Amended  by  by  Code  Amdts.  1880,  p.  12,  inserting,  "or  an  in- 
formation filed"  after  "must  be  found." 

3.  Amended  by  Stats.  1891,  p.  193. 

§  801.  Limitation  of  one  year  in  misdemeanors.  An  in- 
dictment for  any  misdemeanor  must  be  found  or  an  informa- 
tion filed  within  one  year  after  its  commission.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  12.] 

Legislation  §  801.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc,  §  142);  in  exact  language  of  Grim.  Prac.  Act,  Stats.  1851, 
p.  222,  §  98. 

.2.  Amended  by  Code  Amdts.  1880,  p.  12,  inserting  "or  an  informa- 
tion filed"  after  "must  be  found." 

§  802.     Exception  when  defendant  is  out  of  the  state.     If, 

when  the  offense  is  committed,  the  defendant  is  out  of  the 


§  807  PENAL    CODE.  430 

state,  the  indic'tiiieMt  may  l)e  round  or  an  infoi'inatioii  IWvaI 
within  the  tcnn  licrein  iimiled  aftei-  ids  coininu  within  llie 
state,  and  no  time  dui'ini;  whicli  tlu!  dei'endaid  is  not  an 
inhabitant  of,  or  nsnally  ]'esi(h'n1  witldn  tins  state,  is  part 
ot"  tlie  limitation.  |  Aiiicndinciil  approved  1880;  Code 
Amdts.  1880,  p.  12.1 

Legislation  §  802.  1.  iMuu-tod  February  14,  1872  (N.  Y.  Code 
Crim.  i'roc,  §  143);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  222,  §  99. 

2.  Amended  by  Code  Amdts.  1880,  p.  12,  (1)  inserting  "or  an  in- 
formation filed"  after  "may  be  found,"  and  (2)  substituting  "this 
state"  for  "the  state.'-' 

§  803.    Indictment  found,  when  presented  and  filed.    An 

indictment  is  found,  within  the  meaning  of  this  chapter, 
when  it  is  presented  by  the  grand  jury  in  open  court,  and 
there  received  and  filed. 

Legislation  §  803.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  144) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  222,  §  100. 

CIIAPTEE  III. 

The  Inforination. 

S  80G.  Complaint  defined. 

§  807.  Magistrate  defined. 

§  808.  Who  are  magistrates. 

§  809.  Filing  information  after   examination  and  commitment. 

§  810.  Information,  when  lost,  copy  may  be  filed. 

§  806.  Complaint  defined.  The  complaint  is  the  allega- 
tion ill  wanting  made  to  a  court  or  magistrate  that  a  person 
has  been  guilty  of  some  designated  offense.  [Amendment 
approved  1880;  Code  Amdts.  1880,  p.  12.] 

Information  of  threatened  offense:  See  ante,  §  701. 
Legislation  §  806.    1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §145);   based   on   Crim.   Prac.   Act,   Stats.   1851,  p.   223,  §  101, 
which  read:    "§  101.     The  complaint  is  the  allegation  made  to  a  mag- 
istrate that  a  person  has  been  guilty  of  some  designated  offense." 

2.  Amended  by  Code  Amdts.  1880,  p.  12,  (1)  substituting  "com- 
plaint" for  "information,"  and  (.2)  adding  "court  or"  before  "magis- 
trate." 

§  807.  Magistrate  defined.  A  magistrate  is  an  officer 
having  powder  to  issue  a  warrant  for  the  arrest  of  a  person 
charged  with  a  public  offense. 

Legislation  §  807.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §146);  in  exact  language  of  Crim.  Prac  Act,  Stats.  1851, 
p.  223,  §  102.  The  code  commissioners  say:  "The  definition  of  the 
term  'magistrate,'  as  used  throughout  this  code,  is  here  given,  to 
save  unnecessary  repetition  of  the  ofScial  names  of  the  officers  who 
come  within  this  description." 


431  THE   INFORMATION.  ^  SIO 

§  808.     Who  are  magistrates.     The  following  persons  are 
magistrates : 

1.  The  justices  of  the  supreme  court; 

2.  The  judges  of  the  superior  court; 

3.  Justices  of  the  peace  ; 

4.  Police  magistrates  in  towns  or  cities.      [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  7.] 

Legislation  §  808.  1.  Enacted  February  14.  1872  (N.  Y.  Code  Crim. 
Proc,  §147);  based  on  Crim.  Prac.  Act,  Stats.  18.51,  p.  223,  §  103, 
which  read:  "§  103.  The  following  persons  are  magistrates:  1st. 
The  justices  of  the  supreme  court;  2d.  The  district  judges;  3d.  The 
county  judges;  4th.  Justices  of  the  peace;  5th.  The  recorders  of 
cities;  and,  6th.  The  mayors  of  cities,  upon  whom  are  conferred  by 
law  the  powers  of  justices  of  the  peace."  When  enacted  in  1872 
§  808  read:  "808.  The  following  persons  are  magistrates:  1.  The 
justices  of  the  supreme  court;  2.  The  district  judges;  3.  The  county 
judges;  4.  The  judge  of  the  municipal  criminal  court  of  San  Fran- 
cisco; 5.  Justices  of  the  peace;  6.  Police  magistrates  in  towns  or 
cities." 

2.  Amended  by  Code  Amdts.  1880,  p.  7. 

§  809.  Filing-  information  after  examination  and  commit- 
ment. When  a  defendant  has  been  examined  and  committed, 
as  provided  in  section  eight  hundred  and  seventy-two  of  this 
code,  it  shall  be  the  duty  of  the  district  attorney,  within  thirty 
days  thereafter,  to  file  in  the  superior  conrt  of  the  county 
in  which  the  offense  is  triable  an  information  charging  the 
defendant  with  snch  offense.  The  information  shall  be  in 
the  name  of  the  people  of  the  state  of  California,  and  sub- 
scribed by  the  district  attorney,  and  shall  be  in  form  like 
an  indictment  for  the  same  offense. 

Infonnation,  form  of:  See  post,  §  951. 
Time  to  file  information:  See  post,  §  1382. 
Legislations  809.     Added  by  Code  Amdts.  1880,  p.  12. 

§  810.     Information,  when  lost,  copy  may  be  filed.     If  the 

information  or  other  pleading  in  any  criminal  action  now 
pending,  or  which  may  be  hereafter  commenced,  has  hereto- 
fore been  lost  or  destroyed,  or  shall  hereafter  be  lost  or 
destroyed,  the  court  must  upon  the  application  of  the 
attorney-general,  district  attorney,  or  the  defendant,  order  a 
copy  of  the  information  or  other  pleading  to  be  filed  and 
substituted  for  the  original,  and  when  filed  and  substituted, 
as  provided  in  this  section,  it  shall  have  the  same  force  and 
effect  as  if  it  were  the  original  information  or  other  plead- 
ing. 

Legislation  §  810.     Added  by  Stats.  1907,  p.  889. 


§  813  I'ENAI.    CODE.  432 

CllArTEK  IV. 
The  Warrant  of  Arrest. 

§811.  Exaniiuation  of  the  prosecutor  .niid  his  witnesses  upon  the  in- 
formation. 

§  812.     Depositions,  what  to  contain. 

§  813.     When  warrant  may  issue. 

§  814.     Form  of  warrant. 

§  815.  Name  or  description  of  the  defendant  in  the  warrant,  and 
statement  of  the  offense. 

§  SIG.     Warrant  to  be  directed  to  and  executed  by  peace-ofTicer. 

§  817.     Peace-officers. 

§  818.     To  what  peace-officers  warrants  are  to  be  directed. 

§  819.     Same;  and  when  and  how  executed  in  another  county. 

§  820.  Indorsement  on  the  warrant  for  service  in  another  county, 
how  and  upon  what  proof  to  be  made. 

§  821.  Defendant  to  be  taken  before  the  magistrate  issuing  the  war- 
rant, etc, 

§  822.  Defendant  arrested  for  misdemeanor  in  another  county,  to  be 
admitted  to  bail. 

§  823.     Proceedings  on  taking  bail  from  tlie  defendant  in  such  cases. 

§  824.  When  bail  is  not  given.  When  magistrate  who  issued  warrant 
cannot  act. 

§  82o.     Right  of  attorney  to  visit  prisoner. 

§  82(J.  Proceedings  where  defendant  is  taken  before  anotlier  mngis- 
trate. 

§  827.     Proceedings  for  offenses  triable  in  another  county. 

§  828.     Duty  of  officer. 

§  829.     Admission  to  bail. 

§  811.  Examination  of  the  prosecutor  and  his  witnesses 
upon  the  information.  When  an  information  is  laid  before 
a  magistrate  of  the  commission  of  a  public  offense,  triable 
within  the  county,  he  must  examine  on  oath  the  informant 
or  prosecutor,  and  any  Avitnesses  he  may  produce,  and  take 
their  depositions  in  writing,  and  cause  them  to  be  subscribed 
by  the  parties  making  them. 

Magistrates,  who  are:  See  ante,  §  808. 
As  to  examination  on  commission,  see  post,  §§  1349  et  seq. 
Legislation  §  811.     1.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  148);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  223, §  104. 

2.  Amendment  by  Stats.  1901,  p.  482;  unconstitutional.     See  note, 
§  5,  ante. 

§  812.  Depositions,  what  to  contain.  The  deposition  must 
set  forth  the  facts  stated  by  the  prosecutor  and  his  witnesses, 
tending  to  establish  the  commission  of  the  offense  and  the 
guilt  of  the  defendant. 

Legislation  §  812.     Enacted  February  14,  1872   (N.  Y.  Code  Crim. 

Proc,  §149);    in    exact   language    of    Crim.   Prac.   Act,   Stats.    1851, 

p.  223, §  lOo. 

§  813.  When  warrant  may  issue.  If  the  magistrate  is 
satisfied  therefrom  that  the  offense  complained  of  has  been 


433  THE    WARRANT   OF   ARREST.  §  816 

committed,  and  that  there  is  reasonable  ground  to  believe 
that  the  defendant  has  coiinnitted  it,  he  must  issue  a  war- 
rant of  arrest. 

Warrant  of  arrest,  issuance  of:  See  post,  §  1427. 
Legislation  §  813.  Enacted  February  14,   1872    (N.  Y.  Code  Crim. 
Proc,  §  I-IO);  in  substanee  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  223,  §  106. 

§  814.  Form  of  warrant.  A  warrant  of  arrest  is  an 
order  in  writing,  in  the  name  of  the  people,  signed  by  a 
magistrate,  commanding  the  arrest  of  the  defendant,  and 
may  be  substantially  in  the  following  form : 

.   County  of . 

The  People  of  the  State  of  California  to  any  Sheriff,  Con- 
stable,  Marshal,   or   Policeman   of  said   State,   or   of  the 

County  of : 

Information  on  oath  having  been  this  day  laid  before  me, 

by  A.  B.,  that  the  crime  of  (designating  it)  has  been 

committed,  and  accusing  C.  D.  thereof,  you  are  therefore 
commanded  forthwith  to  arrest  the  above-named  C.  D.  and 
bring  him  before  me  at  (naming  the  place),  or  in  case  of  my 
absence  or  inability  to  act,  before  the  nearest  or  most  acces- 
sible magistrate  in  this  county. 

Dated  at  this day  of ,  eighteen  [nineteen] 

Form  of  warrant  of  arrest:  See  post,  §  1427. 

Before  whom  to  be  taken:  See  post,  §  824. 

Legislation  §  814.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  151);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  223,  §  107. 

§  815.  Name  or  description  of  the  defendant  in  the  war- 
rant, and  statement  of  the  offense.  The  warrant  must  spe- 
cify the  name  of  the  defendant,  or,  if  it  is  unknown  to  the 
magistrate,  the  defendant  may -be  designated  therein  by  any 
name.  It  must  also  state  the  time  of  issuing  it,  and  the 
county,  city,  or  town  Avhere  it  is  issued,  and  be  signed  by  the 
magistrate,  with  his  name  of  office. 

Legislation  §  815.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  g  152);  iu  substance  the  same  as  Crim  Prac.  Act,  Stats.  1851, 

p.  224,  §  108. 

§  816.  Warrant  to  be  directed  to  and  executed  by  a  peace- 
officer.  The  warrant  must  be  directed  to  and  executed  by  a 
peace-officer. 

Legislation  §  816.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §153);  in  exact  lanauage  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  224,  §  109. 

Pen.  Code — 28 


§  820  I'EXAL   CODE.  434 

§817.  Peace-officers.  A  peace-officer  is  a  sherifT  of  a 
poiinly,  01-  a  eon.slal)Ie,  marshal,  or  policeman  of  a  town- 
siiip,  city,  or  town,  oi-  inspectors  of  the  California  state 
hoard  of  pharmacy,  not  exceeding  ten  in  numl)er.  |  Amend- 
ment ai)pr(>v.Ml  ini.S;  Stats.  1913,  p.  206.] 

Legislation  §  817.  1.  Enacted  Fobruaiy  14,  1872  (N.  Y.  Code  Crim. 
Proe.,  §  154);  based  on  Criin.  Prac.  Act,  Stats.  18.31,  p.  224,  §  110, 
which  read:  "§  110.  Peace-officers  are  sheriffs  of  counties,  and  con- 
stables, marshals,  and  policemen,  of  cities  and  towns,  respectively." 
As  enacted  in  1872  it  read:  "A  peace-officer  is  a  sheriff  of  a  county, 
or  a  constable,  marshal,  or  policeman  of  a  townsliip,  city,  or 
town." 

2.  Amended  by  Stats.  1913,  p.  206. 

* 

§  818.     To  what  peace-officers  warrants  are  to  te  directed. 

If  a  warrant  is  issued  by  a  justice  of  the  supreme  court,  or 
judge  of  a  superior  court,  it  may  be  directed  generally  to 
any  sheriff,  constable,  marshal,  or  policeman  in  the  state,  and 
may  be  executed  by  any  of  those  officers  to  whom  it  may  be 
delivered.  [Amendment  approved  188Q;  Code  Amdts.  1880, 
p.  33.] 

Legislation  §  818.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §155);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  224,  §  111, 
which  read:  "§  111.  If  a  warrant  be  issued  by  a  justice  of  the  su- 
preme court,  district  judge,  or  county  judge,  it  may  be  directed  gen- 
erally to  any  sheriff,  constable,  marshal,  or  policeman,  in  this  state, 
and  may  be  executed  by  any  of  those  officers  to  whom  it  may  be 
delivered."  When  enacted  in  1872,  §  818,  read:  "818.  If  a  war- 
rant is  issued  by  a  justice  of  the  supreme  court,  district  judge, 
county  judge,  or  judge  of  the  municipal  criminal  court  of  San  Fran- 
cisco, it  may  be  directed  generally  to  any  sheriff,  constable,  mar- 
shal, or  policeman  in  the  state,  and  may  be  executed  by  any  of  those 
officers  to  whom  it  may  be  delivered." 
2,  Amended  by  Code  Amdts.  1880,  p.  33. 

§  819.  Same ;  and  when  and  how  executed  in  another 
county.  If  it  is  issued  by  any  other  magistrate,  it  may  be 
directed  generally  to  any  sheriff,  constable,  marshal,  or 
policeman  in  the  eounty  in  which  it  is  issued,  and  may  be 
executed  in  that  county;  or,  if  the  defendant  is  in  another 
county,  it  may  be  executed  therein  upon  the  written  direc- 
tion of  a  magistrate  of  that  count}^,  indorsed  upon  the  war- 
rant, signed  by  him,  with  his  name  of  office,  and  dated  at 
the  county,  city,  or  town  where  it  is  made,  to  the  following 

effect:  "This  warrant  may  be  executed  in  the  county  of " 

(naming  the  county). 

Legislation  §  819.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  156);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  224, §  112. 

§  820.  Indorsement  on  the  warrant  for  service  in  another 
county,  how  and  upon  what  proof  to  be  made.     The  indorse- 


435  THE   WARRANT   OF   ARKEST.  §  823 

ment  mentioned  in  the  last  section  cannot,  however,  be  made 
unless  the  warrant  of  arrest  be  accompanied  with  a  certificate 
of  tlie  clerk  of  the  county  where  such  warrant  was  issued, 
under  the  seal  of  the  superior  court  thereof,  as  to  the  otlficial 
character  of  the  magistrate,  or,  unless  upon  the  oath  of  a 
credible  witness,  in  writing,  indorsed  on  or  annexed  to  the 
warrant,  proving  the  handwriting  of  the  magistrate  by  whom 
it  was  issued.  Upon  such  proof,  the  magistrate  indorsing 
the  warrant  is  exempted  from  liability  to  a  civil  or  criminal 
action,  though  it  afterwards  appear  that  the  warrant  was 
illegally  or  improperly  issued.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  33.] 

Legislation  §  820.  1.  Enacted  February  14,  1872  (N".  Y.  Code 
Grim.  Proc,  §  157);  iu  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  224,  §  11.3. 

2.  Amended  by  Code  Amdts.  1880,  p.  33,  in  first  sentence,  chan- 
ging "county   court"    to  "superior  court." 

§  821.  Defendant  to  be  taken  before  the  magistrate  issu- 
ing the  warrant,  etc.  If  the  otfense  charged  is  a  felony,  the 
officer  making  the  arrest  must  take  the  defendant  before  the 
magistrate  who  issued  the  warrant,  or  some  other  magistrate 
of  the  same  county,  as  provided  in  section  eight  hundred  and 
twenty-four. 

Defendant  must  be  taken  before  magistrate  who  issued  warrant: 

Post,  •§  824. 

Defendant    to    be    taken    before    nearest    magistrate:    See    post, 

§§  822,  827,  828. 

Legislation  §  821.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  15S);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  224,  §  114. 

§  822.  Defendant  arrested  for  misdemeanor  in  another 
county,  to  be  admitted  to  bail.  If  the  offense  charged  is  a 
misdemeanor,  and  the  defendant  is  arrested  in  another 
county,  the  officer  must,  upon  being  required  by  the  defend- 
ant, take  him  before  a  magistrate  in  that  county,  who  must 
admit  the  defendant  to  bail,  and  take  bail  from  him  accord- 
ingly. 

Defendant  to  be  taken  before  what  magistrate:  See  ante,  §  821; 
post,  §§  827,  828. 

Legislation  §  822.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  159);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  224, §  115. 

§  823.  Proceedings  on  taking  bail  from  the  defendant  in 
such  cases.  On  taking  the  bail,  the  magistrate  must  certify 
that  fact  on  the  warrant,  and  deliver  the  warrant  and  under- 
taking of  liail  to  the  officer  having  charge  of  the  defendant. 
The  officer  must  then  discharge  the  defendant  from  arrest, 


5j  825  I'ENAL    CODE.  436 

;uid  must,  ^vithout  delay,  deliver  the  warrant  and  under- 
lakiiig  to  the  clerk  ol'  the  coiii-t  Jit  \\liicli  tlu^  (Id'endant  is 
i<Mjuired  to  appear. 

Discharge  on  allowance  of  ball:  Sec  post,  §§  1281,  1288. 
Proceedings  on  giving  bail  out  of  county:  See  post,  §  984. 
Legislation  §  823.     Enacted    Fel)iuaiy    14,  1872   (N.  Y.  Code  Crini. 
Proc,  §  KJO);   in  substance  tlie  same  as  Criiii.  Piac.  Act,  Stats.  1851, 
p.  224,  §  116. 

§  824.  When  bail  is  not  given.  When  magistrate  who 
issued  warrant  cannot  act.  If,  on  the  admission  of  the  de- 
fendant to  bail,  tlie  bail  is  not  forthwith  given,  the  officer 
must  take  the  defendant  before  the  magistrate  w^ho  issued 
the  warrant,  or,  in  case  of  his  absence  or  inability  to  act, 
before  the  nearest  or  most  accessible  magistrate  in  the  same 
county,  and  must  at  the  same  time  deliver  to  the  magistrate 
the  warrant,  Avith  his  return  thereon  indorsed  and  subscribed 
by  him. 

Legislation  §  824.  Enacted  February  14,  1872  (N.  Y.  Code  Criin. 
Proc,  §§  161,  164);  based  on  Crini.  Prac.  Act,  Stats.  1851,  p.  224, 
§§  117,  118,  which  read:  "§  117.  If  on  the  admission  of  the  defend- 
ant to  bail,  as  provided  in  section  one  hundred  and  fifteen,  or  if  bail 
be  not  forthwith  given,  the  officer  shall  take  the  defendant  before  the 
magistrate  who  issued  the  warrant,  or  some  other  magistrate  of  the 
same  county,  as  provided  by  the  next  section.  §  118.  When  by 
the  preceding  sections  of  this  chapter  the  defendant  is  required  to 
be  taken  before  the  magistrate  who  issued  the  warrant,  he  may,  if 
the  magistrate  be  absent  or  unable  to  act,  be.taken  before  the  near- 
est or  most  accessible  magistrate  in  the  same  county.  The  officer 
shall,  at  the  same  time,  deliver  to  the  magistrate  the  warrant  with 
his  return,  indorsed  and  subscribed  by  him." 

§  825.  Right  of  attorney  to  visit  prisoner.  The  defend- 
ant must  in  all  eases  be  taken  before  the  magistrate  without 
unnecessary  delay,  and  after  such  arrest,  any  attorney  at 
law  entitled  to  practice  in  the  courts  of  record  of  California, 
may  at  the  request  of  the  prisoner  or  any  relative  of  such 
prisoner,  visit  the  person  so  arrested.  Any  oificer  having 
charge  of  the  prisoner  so  arrested  who  willfully  refuses  or 
neglects  to  allow  such  attorney  to  visit  a  prisoner  is  guilty  of 
a  misdemeanor.  Any  officer  having  a  prisoner  in  charge, 
who  refuses  to  allow  an  attorney  to  visit  the  prisoner  when 
proper  application  is  made  therefor  shall  forfeit  and  pay 
to  the  party  aggrieved  the  sum  of  five  hundred  dollars,  to  be 
recovered  by  action  in  any  court  of  competent  jurisdiction. 
[Amendment  approved  1907;  Stats.  1907,  p.  888.] 

Defendant  to  be  taken  before  nearest  magistrate  without  delay: 
See  post,  §  847. 
Delay   in   taking   before   magistrate,   a   misdemeanor:    See   ante, 

§145. 


437  THE   WARRANT  OF   ARREST.  §  828 

Legislation  §  825.  1.  Enacted  February  14, 1872  (N.  Y.  Code  Grim. 
Proc,  §  165) ;  in  exact  language  of  Grim.  Prac.  Act,  Stats.  1851, 
p.  225,  §  119.  When  enacted  in  1872,  §  825  read:  "825.  Tlie  defend- 
ant must  in  all  cases  be  taken  before  the  magistrate  without  un- 
necessary delay." 

2.  Amended  by  Gode  Amdts.  1880,  p.  30,  adding,  at  end  of  section, 
"and  any  attorney  at  law  entitled  to  practice  in  courts  of  record  of 
Galifornia,  nia,y,  at  the  request  of  the  prisoner  after  such  arrest, 
visit  the  person  so  arrested." 

3.  Amended  by  Stats    1907,  p.  888. 

§  826.  Proceedings  where  defendant  is  taken  before  an- 
other magistrate.  If  the  defendant  is  brought  before  a 
magistrate  other  than  the  one  who  issued  the  Avarrant,  the 
depositions  on  which  the  Avarrant  Avas  granted  must  be  sent 
to  tliat  magistrate,  or.  if  they  cannot  be  procured,  the 
prosecutor  and  his  witnesses  must  be  summoned  to  give  their 
testimony  aneAV. 

Legislation  §  826.  Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 
Proc,  §16G);  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  225,  §  120, 
which  read:  "§  120.  If  the  defendant  be  brought  before  a  magis- 
trate in  the  same  county  other  than  the  one  who  issued  the  war- 
rant, the  affidavits  on  which  the  warrant  was  granted,  if  the 
defendant  insist  upon  an  examination,  shall  be  sent  to  such  magis- 
trate, or  if  they  cannot  be  procured,  the  prosecutor  and  his  witnesses 
shall  be  summoned  to  give  their  testimony  anew." 

§  827,    Proceedings  for  offenses  triable  in  another  county. 

When  an  information  is  laid  before  a  magistrate  of  the  com- 
mission of  a  public  offense  triable  in  another  county  of  the 
state,  but  shoAA'ing  that  tbe  defendant  is  in  the  county  AA'here 
the  information  is  laid,  the  same  proceedings  must  be  had 
as  prescribed  in  this  chapter,  except  that  the  AA^arrant  must 
require  the  defendant  to  be  taken  before  the  nearest  or  most 
accessible  magistrate  of  the  county  in  AA'hich  the  offense  is 
triable,  and  the  depositions  of  the  informant  or  prosecutor, 
and  of  the  AA'itnesses  AA'ho  inay  haA'e  been  produced,  must  be 
delivered  by  the  magistrate  to  the  officer  to  Avhom  the  Avar- 
rant  is  delivered. 

Defendant  to  be  taken  before  what  magistrate:  See  ante,  §§  821, 
822;  post,  §  828. 

Legislation  §  827.  Enacted  Februarv  14,  1872;  in  substance  the 
same  as  Grim.  Prac.  Act,  Stats.  1851,  p.  225,  §  121. 

§  828.  Duty  of  officer.  The  officer  Avho  executes  the  Avar- 
rant  must  take  the  defendant  before  the  nearest  or  most 
accessible  magistrate  of  the  county  in  Avhich  the  offense  is 
triable,  and  must  deliver  to  him  the  depositions  and  the 
Avarrant,  Avith  his  return  indorsed  thereon,  and  the  magis- 
trate must  then  proceed  in  the  same  manner  as  upon  a  Avar- 
rant  issued  by  himself 


§  83-i  I'ENAL   CODE.  438 

Defendant  to  be  taken  before  what  magistrate:  See  ante,  §§  821, 
824,  827. 

Legislation  §  828.  Enacted  February  14,  1872  (N.  Y.  Code  Criin. 
I'roc,  S  l(i4);  in  siibstnncc  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  22.-),  §  122. 

§829.  Admission  to  bail.  11"  tho  offense  eharjred  in  the 
^val•rant  issued  pursuant  to  section  eight  hundred  and 
twenty-seven  is  a  inistlemeanor,  tlie  officer  nnist.  upon  bein'^' 
required  by  the  defendant,  take  him  before  a  magistrate  of 
the  county  in  which  the  wan-ant  M'as  issued,  who  nnist  admit 
the  defendant  to  bail,  and  immediately  transmit  the  warrant, 
depositions,  and  undertaking,  to  the  clerk  of  the  court  in 
which  the  defendant  is  required  to  appear. 
Duty  of  arresting  officer:  See  post,  §  848. 
Legislation  §  829.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  ]()4):  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  225,'§  123.' 

CHAPTER  V. 
Arrest,  by  Whom  and  How  Made. 

§  834.     Arrest   defined.     By  whom  made. 

§  835.     How  an  arrest  is  made  and  what  restraint  allowed. 

§  836.     Arrests  by  peace-officers. 

§  837.     Arrests  by  private  persons. 

§  838.     Magistrates  may  order  arrest. 

§  839.     Persons  making  arrest  may  summon  assistance. 

§  840.     Arrests,  when  may  be  made.     Without  warrant,  when. 

§  841.     Arrest,  how  made. 

§  842.     Warrant  must  be  shown,  when. 

§  843.     What  force  may  be  nsed. 

§  844.     Doors  and  windows  may  be  broken,  when. 

§  845.     Same. 

§  846.     Weapons  may  be  taken  from  persons  arrested. 

§  847.     Dntj^  of  a  private  person  who  has  made  an  arrest. 

§  848.     Duty  of  officer  arresting  with  warrant. 

§  849.     Person  arrested  without  a  warrant  to  be  taken  before  a  magis- 
trate.    Information  to  be  filed. 

§  850.     Arrest  by  telegraph. 

§  851.     Same. 

Code  commissioners'  note  to  Chapter  V.  This  chapter  "is  founded 
upon  §§  124-143,  inclusive,  of  the  Criminal  Practice  Act  of  this  state, 
and  includes  substantially  chapters  v,  vi,  and  vii  of  title  III,  part 
II,  of  the  Penal  Code,  as  first  published  by  this  commission." 

§  834.  Arrest  defined.  By  whom  made.  An  arrest  is 
taking  a  person  into  custody,  in  a  case  and  in  the  manner 
authorized  by  law.  An  arrest  nuiy  be  made  by  a  peace- 
officer  or  by  a  private  person. 

Legislation  §  834.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §§  167,  168);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  225, 
§§  124.  125.  which  read:    "§  124.     Arrest  is  the  taking  of  a  person 


439  ARREST  BY  WHOM  AND  HOW   MADE.  §  837 

into  custody  that  be  may  be  held  to  answer  for  a  public  offense. 
§  125.  An  arrest  may  be  either:  1st.  By  a  peace-officer  under  a  war- 
rant. 2d.  (By  a  peace  officer  without  a  warrant;  or,  3d.  By  a  private 
person." 

§  835.     How  an  arrest  is  made  and  what  restraint  allowed. 

An  arrest  is  made  by  an  actual  restraint  of  the  person  of 
the  defendant,  or  by  his  submission  to  the  custody  of  an  offi- 
cer.    The  defendant  must  not    be  subjected    to  any  more 
restraint  than  is  necessary  for  his  arrest  and  detention. 
Arrest,  how  made:  See  post,  §§  841,  842. 

Legislation  §  835.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §§  171,  172);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  22(3,  §§  128,  129. 

§  836.  Arrests  by  peace-officers.  A  peace-officer  may 
make  an  arrest  in  obedience  to  a  warrant  delivered  to  him, 
or  may,  without  a  warrant,  arrest  a  person : 

1.  For  a  public  offense  committed  or  attempted  in  his 
presence. 

2.  When  a  person  arrested  has  committed  a  felony, 
although  not  in  his  presence. 

3.  When  a  felony  has  in  fact  been  committed,  and  he  has 
reasonable  cause  for  believing  the  person  arrested  to  have 
committed  it, 

4.  On  a  charge  made,  upon  a  reasonable  cause,  of  the  com- 
mission of  a  felony  1  y  the  party  arrested. 

5.  At  night,  when  there  is  reasonable  cause  to  believe  that 
he  has  committed  a  felony. 

Refusing  to  arrest:  Ante,  §  142. 

Warrant,  by  whom  executed:   Ante,  §  816. 

Arrest  under  warrant,  duty  of  officer:  Post,  §  848. 

Arrest  without  warrant,  duty  of  officer:  Post,  §  849. 

Peace-officers:  Ante,  §  817. 

Legislation  §  836.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §§168,  177);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  226, 
§§  134,  136,  which  read:  "§  134.  A  peace-officer  may,  without  a  war- 
rant, arrest  a  person:  1st.  For  a  public  offense,  committed  or  at- 
tempted in  his  jiresence.  2d.  When  the  person  arrested  has  com- 
mitted a  felony,  although  not  in  his  presence.  3d.  "V^lien  a  felony 
has  in  fact  been  committed,  and  he  has  reasonable  cause  for  believ- 
ing the  person  arrested  to  have  committed  it.  4th.  On  a  charge 
made  upon  a  reasonable  cause  of  the  commission  of  a  felony  by  the 
party  arrested."  "§  136.  He  may  also  at  night,  without  a  warrant, 
arrest  any  person  whom  he  has  reasonable  cause  for  believing  to 
have  committed  a  felony,  and  is  justified  in  making  the  arrest, 
though  it  afterwards  appear  that  a  felony  liad  not  been  committed." 

2.  Amendment  by  Stats.  1901,  p.  482;  unconstitutional.  See  note, 
§  5,  ante. 

§  837.  Arrests  by  private  persons.  A  i)rivate  i)erson  may 
arrest  another: 


§  840  I'ENAii  c(»i)i;.  440 

1.  For  a  piiblif  oH'l'Hsc.  coiiiiiiittiMl  or  attuinpl  cd  in  liis 
presence. 

2.  ^V]lell  the  person  arrested  has  comniitted  a  5^'elony, 
althouuh  not  in  his  presence. 

3.  Wlien  a  i'elony  has  been  in  fact  coniinitted,  and  h(!  has 
reasonable  cause  for  l)elievin^-  tlie  person  arrested  to  liave 
committed  it. 

Legislation  §  837.  Enacted  February  14,  1872  (N.  Y.  Code  Crini. 
I'roc,  §§  1G8,  183);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  226, 
§125  (q.  v.,  ante.  Legislation  §  834)  and  140,  the  latter  reading, 
"§  140.  A  private  person  may  arrest  another:  First,  for  a  public 
offenso  comniitted  or  attempted  in  his  presence.  Second,  when  the 
person  arrested  has  committed  a  felony,  although  not  in  his  presence. 
Third,  when  a  felony  has  been  in  fact  committed  and  he  has  reason- 
able cause  for  believing  the  person  arrested  to  have  committed  it." 

§  838.     Magistrates  may  order  arrest.     A  magistrate  may 
orally  order  a  peace-officer  or  private  person  to  arrest  any 
one  committing  or  attempting  to  commit  a  public  offense 
in  the  presence  of  such  magistrate. 
Magistrates,  who  are:  Ante,  §  808. 

Legislation  §  838.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §182);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  227,  §  139, 
which  read:  "§  139.  When  a  public  otfense  is  committed  in  the  pres- 
ence of  a  magistrate  he  may,  by  a  verbal  order,  command  any  person 
to  arrest  the  offender,  and  may  thereupon  proceed  as  if  the  offender 
had  been  brought  before  him  on  a  warrant  of  arrest." 

§  839.  Persons  making  arrest  may  summon  assistance. 
Any  person  making  an  arrest  may  orally  summon  as  many 
persons  as  he  deems  necessary  to  aid  him  therein. 

Legislation  §  839.  Enacted  February  14.  1872  (N.  Y.  Code  Crim. 
Proc,  §169);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  226,  §  126, 
which  read:  "§  126.  Every  person  shall  aid  an  officer  in  the  execu- 
tion of  a  warrant,  if  the  officer  require  his  aid,  and  be  present  and 
acting  in  its  execution." 

§  840.  Arrests,  when  may  be  made.  Without  warrant, 
when.  If  the  offense  charged  is  a  felony,  the  arrest  may  be 
made  on  any  day,  and  at  any  time  of  the  day  or  night.  If 
it  is  a  misdemeanor,  the  arrest  cannot  he  made  at  night, 
unless  upon  the  direction  of  the  magistrate,  indorsed  upon 
the  Avarrant,  except  when  the  offense  is  committed  in  the 
presence  of  the  arresting  officer.  [Amendment  approved 
1905;  Stats.  1905,  p.  693.] 

Legislation  §  840.     1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  170);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851 

p.  226,  §  127. 

2.  Amendment  by  Stats.  1901,  p.  482;  unconstitutional.  See  note, 
§  5,  Snte. 

3.  Amended  by  Stats.  1905,  p.  693,  adding  the  exception  at  the  end 
of  the  section;   the  code  commissioner  saying,  "The   purpose  of  the 


441  ARREST  BY   WllOil   AND   HOW    MADE.  §  844 

niiieudnient   is  to  authorize  an  officer  to  arrest  without  a  warrant  at 
uigbt-tiiuo  for  a  niisrlenieanor  committed  in  his  presence." 

§  841.  Arrest,  how  made.  Tlie  person  making  the  arrest 
must  inform  the  person  to  be  arrested  of  the  intention  to 
arrest  him,  of  the  cause  of  the  arrest,  and  the  authority  to 
make  it,  except  when  the  person  to  be  arrested  is  actually 
engaged  in  the  commission  of  or  an  attempt  to  commit  an 
offense,  or  is  pursued  immediatelj^  after  its  commission,  or 
after  an  escape. 

Arrest,  how  made:  See  ante,  §  835. 

Legislation  §  8il.     Enacted  February  14,  1872  (jST.  Y.  Code  Crira. 

Proc,  §173);   based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  227,  §§  137, 

141. 

§  842.  Warrant  must  be  shown,  when.  If  the  person 
making  the  arrest  is  acting  under  the  authority  of  a  Avar- 
rant,  he  must  show  the  warrant,  if  required. 

Legislation  §  842.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §173);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  226,  §  130, 
which  road:  "§  130.  Theofficer  shall  inform  the  defendant  that  he 
acts  under  the  authority"  of  the  warrant,  and  shall  also  show  the 
warrant  if  required." 

§  843.  What  force  may  be  used.  When  the  arrest  is  be- 
ing made  by  an  officer  under  the  authority  of  a  warrant, 
after  information  of  the  intention  to  make  the  arrest,  if  the 
person  to  be  arrested  either  flees  or  forcibly  resists,  the  offi- 
cer may  use  all  necessary  means  to  effect  the  arrest. 

Legislation  §  843.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §174);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  226,  §  131,- 
which  read:  "§  131.  If  after  notice  of  intention  to  arrest  the  de- 
fendant, he  either  flee  or  forcibly  resists,  the  officer  may  use  all 
necessary  means  to  effect  the  arrest." 

§  844.  Doors  and  windows  may  be  broken,  when.  To 
make  an  arrest,  a  private  person,  if  the  offense  be  a  felony, 
and  in  all  cases  a  peace-officer,  may  break  open  the  door  or 
window  of  the  house  in  wliich  the  person  to  be  arrested  is, 
or  in  wliich  they  have  reasonable  grounds  for  believing  him 
to  be,  after  having  demanded  admittance  and  explained  the 
purpose  for  which  admittance  is  desired.  [Amendment  ap- 
proved 1874;  Code  Amdts.  1873-74,  p.  435.] 

Legislation  §  844.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §175);  based  on  Crim.  Prac  Act,  Stats.  1851,  p.  226,  §§  132, 
135,  whicli  read:  "§  132.  The  officer  may  break  open  any  outer  or 
inner  door  or  window  of  a  dwelling-house,  to  execute  the  warrant, 
if,  after  notice  of  his  authority  and  purpose,  he  be  refused  admit- 
tance." "§  135.  To  make  an  arrest,  as  provided  in  the  last  section, 
[§  134;  q.  v.,  ante.  Legislation  §  836,]  the  officer  may  break  open  any 
outer  or  inner  door  or  window  of  a  dwelling-house  if,  after  notice 
of  his  office  and  purpose,  he  be'  refused  admittance."     When  enacted 


§  849  I'KNAL   CODE.  442 

iu  1872,  §S11  ii'nil:  "§844.  To  make  ;in  arrest,  if  the  ofTense  is  a 
felony,  u  private  person,  if  any  jiiililic  ofTense,  a  peace-ofTicer,  may 
break  open  the  door  or  window  in  which  the  person  to  be  arrested 
is,  or  in  w-hieh  tlie.y  liave  reasonable  grounds  for  believing  him  to 
be,  after  having  demanded  admittance  and  explained  tlic  purpose 
for  wliich  admittance  is  desired." 

2.  Amended  by  Code  .\mdts.  1873-7-1,  p.  435. 

§  845.  Same.  Any  jx-rson  who  lias  lawfully  oiitered  a 
house  for  the  purpose  ot'  nuikin<2;  an  arrest,  may  break  open 
the  door  or  window  thereof  if  detained  therein,  when  neces- 
sary for  the  purpose  of  liberating'  himself,  and  an  officer  may 
do  the  same,  Avhen  necessary  for  the  purpose  of  liberating  a 
person  who,  acting  in  his  aid,  lawfully  entered  for  the  pur- 
pose of  making  an  arrest,  and  is  detained  therein. 

Legislation  §  845.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §  17(5);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  226,  §  133, 
which  read:  "§  133.  An  officer  may  break  open  any  outer  or  inner 
door  or  window  of  a  dwelling-house,  for  the  purpose  of  liberating  a 
person  who,  having  entered  for  the  purpose  of  making  an  arrest,  is 
detained  therein,  or  when  necessary  for  his  own  liberation." 

§  846.     Weapons   may  be  taken "  from  persons   arrested. 

Any  person  making  an  arrest  may  take  from  the  person 
arrested  all  offensive  weapons  which  he  may  have  about  his 
person,  and  must  deliver  them  to  the  magistrate  before 
whom  he  is  taken. 

Legislation  §  846.     Enacted  February  14,  1872. 

§  847.     Duty  of  a  private  person  wlio  has  made  an  arrest. 

A  private  person  who  has  arrested  another  for  the  commis- 
sion of  a  public  offense  must,  without  unnecessary  delay, 
take  the  person  arrested  before  a  magistrate,  or  deliver  him 
to  a  peace-officer. 

Delay  in  taking  before  magistrate  a  misdemeanor:  See  ante,  §  145. 
Defendant  to  be  taken  before  magistrate  without  delay:  See  ante, 

§  825;  post,  §  849. 

Legislation  §  847.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  185);  iu  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  227,  §  143. 

§  848.  Duty  of  officer  arresting  with  warrant.  An  officer 
making  an  arrest,  in  obedience  to  a  warrant,  must  proceed 
with  the  person  arrested  as  commanded  by  the  warrant,  or 
as  provided  by  law. 

Warrant  of  arrest,  form  of:  Ante,  §  814. 
Duty  of  arresting  officer:  See  ante,  §  829. 
Legislation  §  848.     Enacted  February  14,  1872. 

§  849.  Person  arrested  without  a  warrant  to  be  taken  be- 
fore a  magistrate.  Information  to  be  filed.  When  an  arrest 
is  made  without  a  warrant  by  a  peace-officer  or  private  per- 


443   ARREST  BY  TELEGRAPH.   RETAKING  AFTER  ESCAPE.   §  854 

son,  the  person  arrested  must,  without  unnecessary  delay, 
be  taken  before  the  nearest  or  most  accessible  magistrate 
in  the  county  in  which  the  arrest  is  made,  and  an  informa- 
tion, stating  the  charge  against  the  person,  must  l)e  laid 
before  such  magistrate. 

Defendant  to  be  taken  before  magistrate  without  delay:  See  ante, 
§§825,    847. 

Delay  in  taking  before  magistrate,  a  misdemeanor:  See  ante, 
§145. 

Legislation  §  849.     Enacted  February  14,  1872. 

§  850.  Arrest  by  telegraph.  A  justice  of  the  supreme 
court,  or  a  .judge  of  a  superior  court,  may.  by  an  indorse- 
ment under  his  hand  upon  a  warrant  of  arrest,  authorize  the 
service  thereof  by  telegraph,  and  thereafter  a  telegraphic 
copy  of  such  warrant  may  be  sent  by  telegraph  to  one  or 
more  peace-officers,  and  such  copy  is  as  effectual  in  the 
hands  of  any  officer,  and  he  must  proceed  in  the  same  man- 
ner under  it  as  though  he  held  an  original  warrant  issued  by 
the  magistrate  making  the  indorsement.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  33.] 

Legislation  §  850.  1.  Enacted  February  14,  1872  (based  on  Stats. 
1862,  p.  291,  §  16),  the  first  words  of  the  section  then  reading,  "A 
justice  of  the  supreme  court,  district  or  county  judge,  or  the  judge 
of  the  nijLinieipal  criminal  court  of  San  Francisco,  may,"  thereafter 
the  section  reading  as  at  present. 

2.  Amended  by  Code  Amdts,  1880,  p.  33. 

§  851.  Same,  Every  officer  causing  telegraphic  copies  of 
warrants  to  be  sent,  must  certify  as  correct,  and  file  in  the 
telegraph-office  from  which  such  copies  are  sent,  a  copy  of 
the  warrant  and  indorsement  thereon,  and  must  return  the 
original  wath  a  statement  of  his  action  thereunder. 

Legislation  §  851.     Enacted    February    14.  1872;  based    on    Stats. 

1862,  p.  291,  §  16. 

CHAPTER  VI. 

Retaking  After  an  Escape  or  Rescue. 

§  854.     May  be  at  any  time  or  in  any  place  in  the  state. 

§  855.     May  break  open  door  or  window  if  admittance  refused. 

§  854.    May  be  at  any  time  or  in  any  place  in  the  state. 

If  a  person  arrested  escape  or  is  rescued,  the  person  from 
whose  custody  he  escaped  or  was  rescued,  may  immediately 
pursue  and  retake  him  at  any  time  and  in  any  place  within 
the  state. 

Assisting  escapes:  x\nte,  §  109. 

Legislation  §  854.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  186);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851. 
p.  227,  §  144. 


§  858  I'ENAL   CODE.  444 

§  855.  May  break  open  door  or  window  if  admittance  re- 
fused. To  retake  the  per.soii  eseapinji;'  or  rescaiecl,  the  [)ersoii 
l)ursuiii^  iiiay  break  open  an  outer  or  inner  door  or  window 
of  a  dwelling-house,  if,  after  notice  of  his  intention,  he  is 
refused  adniittanee. 

Breaking  doors  in  making  arrest:  See  ante,  §  844. 
Legislation  §  855.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §187);  based  on  Crim.  Prae.  Act,  Stats.  ISol,  p.  227,  §  145, 
wliicli  read:  "§  145.  To  retake  the  person  escaping  or  rescued  tlie 
person  pursuing  may,  after  notice  of  his  intention  and  refusal  of  ad- 
mittance, break  open  any  outer  or  inner  door  or  window  of  a  dwell- 
ing-house." 

CHAPTER  VII. 

Examination  of  the  Case,  and.  Discharge  of  the  Defendant,  or  Holding 
Him  to  Answer. 

§  858.  Magistrate  to  inform  the  defendant  of  the  charge,  and  his 
right  to  counsel. 

§  859.     Time  to  send  and  sending  for  counsel. 

§  860.     Examination,  when  to  proceed. 

§  861.     When  to  be  completed.     Postponement. 

§  SG2.  On  postponement,  defendant  to  be  committed  or  discharged  on 
bail. 

§  863.     Form  of  commitment. 

§  864.     Depositions  to  be  read   on  examination  and  subpoenas  issued. 

§  865.     Examination  of  witnesses  to  be  in  presence  of  defendant,  etc. 

§  866.     Examination  of  defendant's  witnesses. 

§  867.     Exclusion  and-  separation  of  witnesses. 

§  868.     Persons  excluded  at  examination  before  magistrate. 

§  869.     Testimony,  how  taken  and  authenticated. 

§  870.     Depositions  to  be  kept.     Transcript  for  defendant. 

§  871.     Defendant,  when  and  how  discharged. 

§  872.     Defendant,  when   and   how  committed. 

§  873.     Order  for  commitment. 

?  874.     Certificate  of  bail  being  taken.      [Repealed.] 

§  875.     Order  for  bail  on  commitment. 

§  876.     Commitment,  how  made  and  to  whom  delivered. 

S  877.     Form  of  commitment. 

§  878.     Undertaking  of  witnesses  to  appear,  when  and  how  taken. 

§  879.  Security  for  the  appearance  of  witnesses,  when  and  how  re- 
quired. 

§  880.     Infants  and  married  women  may  be  required  to  give  security. 

§  881.  Witnesses  to  be  committed  on  refusal  to  give  security  for  their 
appearance. 

§  882.  Witness  unable  to  give  security  may  be  conditionally  exam- 
ined. 

§  883.     Magistrate  to  return  depositions,  etc.,  to  the  court. 

§  858.  Magistrate  to  inform  the  defendant  of  the  charge, 
and  his  right  to  counsel.  When  the  defendant  is  brought 
before  the  magistrate  upon  an  arrest,  either  with  or  without 
warrant,  on  a  charge  of  having  committed  a  public  offense, 
the  magistrate  must  immediately  inform  him  of  the  charge 


445    EXAMINATION  OK  CASE.     DISCHARGE  OR  HOLDING  OVER.    §  862 

against  him.  and  of  his  right  to  the  aid  of  counsel  in  every 

stage  of  the  proceedings. 

Legislation  §  858.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §188);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  227,  §  146, 
which  had  the  words  "and  before  any  further  proceedings  are  had," 
at   end   of   section. 

§  859.  Time  to  send  and  sending-  for  counsel.  He  must 
also  allow  the  defendant  a  reasonal)le  time  to  send  for  coun- 
sel, and  postpone  the  examination  for  that  purpose,  and 
must,  upon  the  request  of  the  defendant,  require  a  peace- 
officer  to  take  a  message  to  any  counsel  in  the  township  or 
city  the  defendant  may  name.  The  officer  must,  without 
delay  and  without  fee,  perform  that  duty. 

Defendant's  right  to  counsel.  The  right  to  have  the  assistance 
of  counsel  is  a  constitutional  one:  Const.  1879,  art.  i,  §  13;  see  ante, 
§825. 

Legislation  §  859.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  1S9);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  228,  §  147. 

§  860.     Examination,  when  to  proceed.     If  the  defendant 
requires  the  aid  of  counsel,  the  magistrate  must,  immediately 
after  the  appearance  of  counsel,  or  if,  after  waiting  a  reason- 
able time  therefor,  none  appears,  proceed  to  examine  the  case. 
Legislation  §  860.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §190);   based   on    Crim.   Prac.   Act,   Stats.   1851,   p.   228,  §  148, 
which  read:    "§  148.     The  magistrate  shall  immediately  after  the  ap- 
pearance of  counsel,  or  if  defendant  require  the  aid  of  counsel  after 
waiting  a  reasonable  time  therefor,  proceed  to  examine  the  case." 

§  861.  When  to  be  completed.  Postponement.  The  ex- 
amination must  be  completed  at  one  session,  unless  the 
magistrate,  for  good  cause  shown  by  affidavit,  postpone  it. 
The  postponement  cannot  be  for  more  than  two  days  at 
each  time,  nor  more  than  six  days  in  all,  unless  by  consent 
or  on  motion  of  the  defendant. 

Legislation  §  861.     Enacted  .February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §191);   based   on   Crim.  Prac.   Act,   Stats.   1851,   p.   228,  §  149, 

which   read:     "§  149.     The   examination   must   be   completed   at   one 

session   unless  the   magistrate   for   a  good   cause   shown   adjourn   it. 

The  adjournment  cannot  be  for  more  than  two  days  at  each  time. 

nor  more  than  six  days  in  all,  unless  by  consent  or  on  motion  of  thg 

defenilant." 

§  862.  On  postponement,  defendant  to  be  committed  or 
discharged  on  bail.  If  a  postponement  is  had,  the  magis- 
trate must  commit  the  defendant  for  examination,  admit  him 
to  bail  or  discharge  him  from  custody  upon  the  deposit  of 
money  as  provided  in  this  code,  as  security  for  his  appear- 
ance at  the  time  to  which  the  examination  is  postponed. 


§  8GG  J'KNAL    CODK.  44G 

Legislation  §  862.  Kiuiclcil  F.liininv  !  f,  1872  (X.  Y.  Code  Crim. 
Proc,  §  192);  l);iso(l  on  C'riiii.  I'nic  Act,  Stnts.  1851,  p.  228,  §  150, 
wliicli  roiiil:  "S  l."iO.  If  an  adjournnipnt  be  had  for  any  cause  the 
maj^istrato  sliall  cnmniit  the  defemlant  for  examination,  admit  him 
to  bail  or  discharge  liim  from  custody  upon  the  de])osit  of  money  as 
provided  in  this  act,  as  security  for  his  appearance  at  the  time  to 
wiiicli  tlio  examination  is  adjourjied." 

§863.  Form  of  commitment.  The  oomniitment  for  exam- 
ination is  made  hy  an  indoi-scnient.  sii^nod  l)y  tho  niasi'istrate 
on  the  warrant  of  arrest,  to  llu'  following];  effect:  "The 
within-named  A.  B.  liavin^'  been  brouglit  before  me  nndei- 
this  warrant,  is  committed  for  examination  to  the  shei'iff 

of ."     If  the  sheriff  is  not  present,  the  defendant  may  be 

committed  to  the  cnstod.y  of  a  peace-officer. 

Cornmitment,  how  made:  See  post,  §§  872,  876. 

Form  of  commitment:   See  post,  §§  872,  S73,  877. 

Legislation  §  863.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  19:^');  i'l  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  228,  §  151. 

§  864.  Depositions  to  be  read  on  examination  and  sub- 
poenas issued.  At  the  examination,  the  ma<iistrate  must  first 
read  to  the  defendant  the  depositions  of  the  witnesses  exam- 
ined on  taking  the  information.  lie  must  also  issue  sub- 
poenas, subscribed  by  him,  for  witnesses  within  the  state, 
required  either  by  the  prosecution  or  the  defense. 

Legislation  §  864.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §194);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  228,  §  152, 
which  read:  "§  152.  At  the  examination  the  magistrate  shall  in 
the  first  place  read  to  the  defendant  the  depositions  of  the  witnesses 
examineil  on  the  taking  of  the  information.  He  shall  also  issue  sub- 
poenas for  any  witnesses  required  by  the  prosecutor  or  the  defendant, 
as  provided  in  section  five  hundred  and  forty-eight." 

§  865.  Examination  of  witnesses  to  be  in  presence  of  de- 
fendant, etc.  The  witnesses  must  be  examined  in  the  pres- 
ence of  tlie  defendant,  and  may  be  cross-examined  in  his 
behalf. 

Legislation  §  865.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  195);  in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 
p.  228,  §  158. 

§  866.  Examination  of  defendant's  witnesses.  When  the 
examination  of  witnesses  on  the  part  of  the  people  is  closed, 
any  witnesses  the  defendant  may  produce  must  be  sworn 
and  examined. 

Defendant  may  produce  witnesses:  See  ante,  §  C86. 
Legislation  §  866.     Enacted    February   14,   1872;    based   on   Crim. 
Prac.  Act,  Stats.  1851,  p.  229,  §  159,  which  read:    "§  159.     After  the 
waiver  of  the  defendant  to  make  a  statement,  or  after  he  has  made 
it,  his  witnesses,  if  he  produce  any,  shall  be  sworn  and  examined." 


447    EXAMINATION  OF  CASE.     DISCHARGE  OR  HOLDING  OVER.    §  869 

§  867.  Exclusion  and  separation  of  witnesses.  AVhile  a 
witness  is  under  examination,  the  magistrate  may  exclude 
all  Avitnesses  who  have  not  been  examined.  He  may  also 
cause  the  witnesses  to  be  kept  separate,  and  to  be  prevented 
i'rom  conversing  with  each  other  until  they  are  all  examined. 
Who  may  be  present:  See  post,  §  868. 

Legislation  §  867.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  202) ;  based  on  Crini.  Prae.  Act,  Stats.  1851,  p.  229,  §  160,  the 
first  part  of  which  read:  "§  160.  The  witnesses  produced  on  the 
part  either  of  the  people  or  of  the  defendant,  shall  not  be  present 
at  the  examination  of  the  defendant,  and,"  thereafter  the  section 
reading  as  the  present  code  section. 

§  868.  Persons  excluded  at  examination  before  magis- 
trate. The  magistrate  must  also,  upon  the  request  of  the 
defendant,  exclude  from  the  examination  every  person 
except  his  clerk,  the  prosecutor  and  his  counsel,  the  attor- 
ney general,  the  district  attorney  of  the  county,  the  defend- 
ant and  his  counsel,  and  the  officer  having  the  defendant  in 
custody;  provided,  however,  that  when  the  prosecuting 
witness  is  a  female  she  shall  be  entitled  at  all  times  to  the 
attendance  of  a  person  of  her  own  sex.  [Amendment  ap- 
proved 1915;  Stats.  1915,  p.  772.] 

Exclusion  of  witnesses:   See  ante,  §  867. 

Legislation  §  868.     1.  Enacted    February    14,1872    (N.    Y.    Code 

Crim.  Proc,  §  20P>) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 

1851,  p.   229,  §  161. 

2.  Amended  by  Stats.  1915,  p.  772.     The  change  consisted  in  the 

addition  of  the  proviso. 

§  869.     Testimony,   how   taken    and   authenticated.     The 

testimony  of  each  witness  in  cases  of  homicide  must  be  re- 
duced to  writing,  as  a  deposition,  by  the  magistrate,  or  under 
his  direction,  and  in  other  cases  upon  the  demand  of  the 
prosecuting  attorney,  or  the  defendant,  or  his  counsel.  The 
magistrate  before  whom  the  examination  is  had  may,  in  his 
discretion,  order  the  testimony  and  proceedings  to  be  taken 
down  in  shorthand  in  all  examinations  herein  mentioned, 
and  for  that  purpose  he  may  appoint  a  shorthand  reporter. 
The  deposition  or  testimony  of  the  witness  must  be  authen- 
ticated in  the  following  form  : 

First.  It  must  state  the  name  of  the  witness,  his  place  of 
residence,  and  his  business  or  profession. 

Second.  It  must  contain  the  questions  put  to  the  witness 
and  his  answers  thereto,  each  answer  being  distinctly  read 
to  him  as  it  is  taken  down,  and  lieing  corrected  or  added  to 
until  it  conforms  to  what  he  declares  is  the  truth,  except  in 
cases  where  the  testimony  is  taken  down  in  shorthand,  the 
answer  or  answers  of  the  witness  need  not  be  read  to  him. 


§  869  I'ENAL    CODK.  448 

Third.  If  a  (lucstioii  put  ho  objected  to  on  ritluM-  side  and 
overruled,  or  tlie  witness  deelines  answerin-^'  it,  that  1"act, 
with  the  firouiid  on  wliieh  the  (juestion  was  overruled  or  the 
answer  declined,  must  be  stated. 

Fourth.  The  deposition  must  be  si<,'ned  by  the  witness, 
or  if  he  refuses  to  Hv^n  it.  his  reason  for  refusing  must  be 
stated  in  writing-,  as  he  <iives  it.  except  in  cases  wliere  the 
deposition  is  taken  down  in  shorthand,  it  need  not  be  signed 
by  the  witness. 

Fifth.  It  must  be  siyned  and  certified  by  the  numistrate 
wlien  reduced  to  writing  by  him,  or  under  his  direction,  and 
when  taken  doM'u  in  shortliand,  the  transcript  of  the  reporter 
appointed  as  aforesaid,  when  written  out  in  longhand  writ- 
ing, and  certified  as  being  a  correct  statement  of  such  testi- 
mony and  proceedings  in  the  case,  shall  be  prima  facie  a 
correct  statement  of  such  testimony  and  proceedings.  The 
reporter  shall,  within  ten  days  after  the  close  of  such  ex- 
amination, if  the  defendant  be  held  to  answer  the  charge, 
transcribe  into  longhand  writing,  his  said  shorthand  notes, 
and  certify  and  file  the  same  with  the  county  clerk  of  the 
county,  or  city  and  county,  in  which  the  defendant  was  ex- 
amined, and  shall,  in  all  cases,  file  his  original  notes  with 
said  clerk. 

Sixth.  The  reporter's  compensation  shall  be  fixed  by  the 
magistrate  before  Avhom  the  examination  is  had,  and  shall 
not  exceed  that  now  allowed  reporters  in  the  superior 
courts  of  this  state,  and  shall  be  paid  out  of  the  treasury  of 
the  county,  or  the  city  and  county,  in  which  the  examination 
is  had,  on  the  certificate  and  order  of  the  said  magistrate. 
[Amendment  approved  1885;  Stats.  1885.  p.  132.] 

Legislation  §  869.  1.  Enacted  February  14.  1872  (N.  Y.  Code  Crim. 
Proc,  §  204) ;  based  on  Crim.  Prac.  Act,  Stats.  1851.  p.  229,  §  162, 
which  read:  "§  162.  The  testimony  given  by  each  witness  must  be 
reduced  to  writing  as  a  deposition  by  the  magistrate,  or  under  his 
direction;  and  1st.  It  must  contain  the  name  of  the  witness,  his 
place  of  residence,  and  his  business,  or  profession.  2d.  If  required 
hj  the  defendant,  or  by  the  district  attorney,  or  prosecutor,  it  must 
be  taken  by  question  and  answer,  and  when  so  taken  each  answer 
must  be  distinctly  read  to  the  witness  as  it  is  taken  down,  and  cor- 
rected or  added  to.  until  it  is  made  conformable  to  what  he  declares 
to  be  the  truth.  3d.  If  a  question  put  be  objected  to  on  either  side 
and  overruled,  or  the  witness  decline  answering  it,  that  fact  with 
the  ground  on  which  the  question  was  overruled  must  be  stated. 
4th.  It  must  be  signed  by  the  witness,  or  if  he  refuse  to  sign  it,  his 
reason  for  refusing  must  be  stated  as  he  gives  it;  and  5th.  It  must 
be  signed  and  certified  by  the  magistrate."  When  enacted  in  1872, 
§  869  read:  "869.  The  testimony  given  by  each  witness  must  be  re- 
duced to  writing,  as  a  deoosition,  bv  the  magistrate,  or  under  his 
direction,  and  authenticated,  in  the  following  form:  1.  It  must  state 
the  name  of  the  witness,  his  place  of  residence,  and  his  business  or 


449    EXAMINATION  OF  CASE.     DISCHARGE  OR  HOLDING  OVER.    §  870 

profession.  2.  It  must  contain  the  questions  put  to  the  witness  and 
his  answers  thereto,  each  answer  being  distinctly  read  to  him  as 
it  is  taken  down,  and  being  corrected  or  added  to  until  it  conforms 
to  what  he  declares  is  the  truth.  3.  If  a  question  put  be  objected 
to  on  either  side  and  overruled,  or  the  witness  declines  answering 
it,  that  fact,  with  the  ground  on  which  the  question  was  overruled 
or  the  answer  declined,  must  be  stated.  4.  The  deposition  must  be 
signed  by  the  witness,  or  if  he  refuses  to  sign  it,  his  reason  for  re- 
fusing must  be  stated  in  writing  as  he  gives  it.  5.  It  must  be  signed 
and  certified  by  the  magistrate." 

2.  Amended  by  Code  Amdts.  1880,  p.  30,  changing  the  introduc- 
tory paragraph  to  read,  "The  testimony  given  by  each  witness  in 
cases  of  homicide  must  be  reduced  to  writing,  as  a  deposition,  by 
the  magistrate,  or  under  his  direction,  and  in  other  eases  upon  the 
demand  of  tlie  prosecuting  attorney,  or  of  the  defendant  or  his  coun- 
sel, and  authenticated  in  the  following  form";  the  subdivisions  read- 
ing the  same  as  in  original  code. 

3.  Amended  by  Stats.  1881,  p.  IS,  (1)  the  introductory  paragraph 
and  subds.  First,  Second.  Third,  and  Fourth  reading  the  same  as 
the  amendment  of  1S85  (the  present  section);  (2)  in  subd.  Fifth, 
having  the  proposition  "to"  before  "charge"  in  second  sentence; 
(3)  instead  of  the  present  subd.  Sixth,  the  act  amending  the  section 
having,  immediatel}^  following  §  869  as  amended,  a  section  reading, 
"Sec.  2.  The  reporter's  fees  shall  be  paid  out  of  the  treasury  of 
the  county,  or  the  city  and  county,  on  the  certificate  of  the  commit- 
ting magistrate." 

4.  Amended  by  Stats.  1885,  p.  132. 

§  870.     Depositions  to  be  kept.     Transcript  for  defendant. 

The  mao'istrate  or  his  clerk  must  keep  the  depositions  taken 
on  the  information  or  the  examination,  until  they  are  re- 
turned to  the  proper  court ;  and  must  not  permit  them  to  be 
examined  or  copied  by  any  person  except  a  .judge  of  a  court 
having-  jurisdiction  of  the  offense,  or  authorized  to  issue 
writs  of  habeas  corpus,  the  attorney-general,  district  attor- 
ney, or  other  prosecuting  attorney,  and  the  defendant  and 
his  counsel;  provided  however,  upon  demand  by  defendant 
or  his  attorney  the  magistrate  must  order  a  transcript  of  the 
depositions  taken  on  the  information,  or  on  the  examination, 
to  be  immediately  furnished  said  defendant  or  his  attorney, 
after  the  commitment  of  said  defendant  as  provided  hy  sec- 
tions eight  hundred  and  seventy-six  and  eight  hundred  and 
seventy-seven  of  this  code,  and  the  reporter  so  furnishing 
said  depositions,  as  aforesaid,  shall  receive  compensation  and 
be  paid  by  the  county  for  the  same  as  provided  by  subdivi- 
sion sixth  of  section  eight  hundred  and  sixty-nine  of  this 
code.  [Amendment  approved  1909;  Stats.  1909,  p.  1077.] 
Legislation  §  870.     1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §205). 

2.  Amended  by  Stats.  1909,  p.  1077,  (1)  omitting  "on"  before  "the 

examination,"  and  (2)  adding  the  proviso. 
Pen.  Code — 29 


§  872  PENAL    CODE.  450 

§  871.  Defendant,  when  and  how  discharged.  If,  after 
hearing  the  proofs,  it  appears  either  that  no  public  offense 
has  been  committed  or  that  there  is  not  sufficient  cause  to 
believe  the  defendant  iiuilty  of  a  public  offense,  the  magis- 
trate must  order  the  defendant  to  be  discharged,  by  an  in- 
dorsement on  the  depositious  and  statement,  signed  by  him. 
to  the  following  eflfect:  "There  being  no  sufficient  cause  to 
believe  the  within-named  A.  B.  guilty  of  tiie  offense  within 
mentioned.  I  order  him  to  be  discharged." 

Legislation  §  871.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §207);  based  on  Crim.  Prac.  Act.  Stats.  1851,  p.  230,  §  163, 
the  first  part  of  which  read:  "§  163.  After  hearing  the  proofs  and 
the  statement  of  the  defendant,  if  he  have  made  one,  if  it  appear 
either  that  a  public  offense  has  not  been  committed,  or  there  is  no 
sufficient  cause  to  believe  the  defendant  guilty  thereof,  the  magis- 
trate shall  order  the  defendant  to  be  discharged,  by  an  indorsement 
on  the  depositions  and  statement  signed  by  him  to  the  following  ef- 
fect," the  indorsement  reading  as  the  code  section. 

§  872.  Defendant,  when  and  how  committed.  If.  how- 
ever, it  appears  from  the  examination  that  a  pui)lic  offense 
has  1  een  committed,  and  there  is  sufficient  cause  to  believe 
the  defendant  guilty  thereof,  the  magistrate  must  make  or 
indorse  on  the  complaint  an  order,  signed  by  him,  to  the 
following  effect:  "It  appearing  to  me  that  the  offense  in  the 
within  complaint  mentioned  (or  any  offense,  according  to 
the  fact,  stating  generally  the  nature  thereof),  has  been  com- 
mitted, and  that  there  is  sufficient  cause  to  believe  the  within- 
named  A.  B.  guilty  thereof,  I  order  that  he  be  held  to  answer 
to  the  same."  [Amendment  approved  1905;  Stats.  1905. 
p.  763.] 

Time  to  file  information:  See  ante.  §  809. 

Commitment,  how  made:  See  ante.  §863;  post.  §  876. 

Fonn  of  commitment:  See  ante,  §  863;  post,  §§  873,  877. 

Legislation  §  872.  1.  Enacted  February  14.  1872  (^.  Y.  Code  Crim. 
Pfoc.  §  208");  based  on  Crim.  Prac.  Act.  Stats.  1851.  p.  230.  §  164. 
which  read:  "§164.  If.  however,  it  anpear  from  the  examination 
that  a  public  offense  has  been  committed,  and  there  is  sufficient 
cause  to  believe  the  defendant  guiltv  thereof,  the  magistrate  shall 
in  like  manner  indorse  on  the  depositions  and  statement  an  order 
signed  bv  him  to  the  following  effect:  'It  appearing  to  me  by  the 
within  depositions  (and  statement  if  any)  that  the  offense  therein 
mentioned  (or  any  other  offense  according  to  the  fact,  stating  gen- 
erally the  nature  thereof),  has  been  committed,  and  that  there  is 
sufficient  cause  to  believe  the  within  A.  B.  guilty  thereof.  T  order 
that  he  be  held  to  answer  to  the  same.'"  When  enacted  in  1872.  §  872 
read:  "872.  If.  however,  it  appears  from  the  examination  that  a 
public  offense  has  been  committed,  and  there  is  sufficient  cause  to 
believe  the  defendant  guilty  thereof,  the  magistrate  must  indorse 
on  the  depositions  an  order,  signed  by  him.  to  the  following  effect: 
'It  appearing  to  me  that  the  offense  in  the  within  deposition  men- 
tioned (or  any  offense,  according  to  the  fact,  stating  generally  the 


451  COMMITMENT  OF   DEFENDANT.  §  876 

nature  thereof),  has  been  committed,  and  that  there  is  sufficient 
cause  to  believe  the  within-named  A.  B.  guilty  thereof,  T  order  that 
he  be  held  to  answer  to  the  same.'  " 

2.  Amended  by  Code  Amdts.  1880,  p.  37,  and  differed  from  the 
amendment  of  1905  (the  present  section),  having  (1)  "deposition" 
instead  of  "complaint"  in  the  first  instance  and  "depositions"  in 
the  second  instance,  and  (2)  at  end  of  sectiop,  the  words  "and  com- 
mitted to  the  sheriff  of  the  county  of ."  ' 

3.  Amendment  by  Stats.  1901,  p.  483;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  763. 

§  873.  Order  for  commitment.  If  the  offense  is  not  bail- 
able, the  following  words  must  be  added  to  the  indorse- 
ment: "And  he  is  hereby  committed  to  the  sheriff  of  the 
county  of  - — ■ — ." 

Form  of  commitment:  See  ante,  §§  863,  872;  post,  §  877. 
Legislation  §  873.  Enacted  Februarv  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §209);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  230,  §  165, 
which  read:  "  §  165.  If  the  offense  be  not  bailable,  the  following 
words,  or  words  to  the  same  effect,  shall  be  added  to  the  indorse- 
ment, 'and  that  he  be  committed  to  the  sheriff  of  the  county  of .'" 

§874.  Certificate  of  bail  being  taken.  [Repealed  1880; 
Code  Amdts.  1880,  p.  37.] 

Legislation  §  874.     1.  Enacted  February  14,  1872. 
2.  Kepealed  by  Stats.  1880,   p.  37. 

§  875.  Order  for  bail  on  commitment.  If  the  offense  is 
bailable,  and  the  defendant  is  admitted  to  bail,  the  following 
words  must  be  added  to  the  order,  "and  that  he  be  admitted 
to  bail  in  the  sum  of  ^- —  dollars,  and  is  committed  to  the 

sheriff  of    the   county  of  until    he   gives  such   bail." 

[Amendment  approved  1880;  Code  Amdts.  1880,  p.  37.] 
Bail,  generally:  See  post,  §  1268. 

Legislation!  875.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §  212);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  230,  §  107.  When  enacted  in  1872,  §  875  read:  "875.  If  the  of- 
fense is  bailable,  and  the  defendant  is  admitted  to  bail,  but  bail  has 
not  been  taken,  the  following  words  must  be  added  to  the  order 
indorsed  on  the  deposition:    'and  that  he  is  admitted  to  bail  in  the 

sum  of  dollars,  and  is  committed  to  the  sheriff  of  the  county 

of -,  until  he  gives  such  bail.'  " 

2.  Amended  by  Code  Amdts.  1880,  p.  37. 

§876.     Commitment,  how  made  and  to  whom  delivered. 

If  the  magistrate  order  the  defendant  to  be  committed,  he 
must  make  out  a  commitment,  signed  by  him,  wdth  his  name 
of  office,  and  deliver  it,  with  the  defendant,  to  the  officer  to 
whom  he  is  committed,  or,  if  that  officer  is  not  present,  to  a 
peace-officer,  wdio  must  deliver  the  defendant  into  the  proper 
custody,  together  with  the  commitment. 

Commitment,  how  made;  See  ante,  §§  863,  872. 


§  879  I'EiNAL    CODE.  452 

Legislation  §  876.  I'liiJictod  Foluuaiv  11,  1872  (N.  Y.  Code  Criiii. 
Proc,  §  213);  based  on  Crini.  Prac.  Act,  Stats.  1851,  p.  230,  §  168, 
which  read:  "§  168.  If  the  magistrate  order  the  defendant  to  be 
oonnnitted  as  pro\ided  in  section  one  hundred  and  sixty-five  and  one 
liundied  and  sixly-seven,  he  sliall  make  out  a  commitment  signe<l 
by  him  with  iiis  name  of  office  and  deliver  it,  with  the  defendant, 
to  the  officer  to  whom  lie  is  committed,  or  if  tliat  ofTicer  be  not  pres- 
ent, to  a  peace-officer  who  sliall  deliver  the  defendant  into  the  proper 
custody,  together  with  the  commitment." 

§877.  Form  of  commitment.  The  coinniitiiieiit  must  be 
to  the  followiii<;'  effect: 

Comity  of  (as  the  case  may  be). 

The  People  of  the  State  of  California  to  the  Shcfiff  of  the 

County  of : 

An  order  having  been  this  day  made  by  me,  that  A.  B.  be 
held  to  answer  upon  a  charge  of  (stating  briefly  the  nature 
of  the  offense,  and  giving  as  near  as  may  be  the  time  Avhen 
and  the  place  where  the  same  was  committed),  you  are  com- 
manded to  receive  him  into  your  custody  and  detain  him 
until  he  is  legally  discharged. 

Dated  this day  of ,  eighteen  [nineteen] — — . 

Form  of  commitment:  See  ante,  §§  863,  874,  877. 

Legislation  §  877.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  214);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  230,  §169. 

§  878.  Undertaking  of  v^itnesses  to  appear,  w^hen  and  how 
taken.  On  holding  the  defendant  to  answer,  the  magistrate 
may  take  from  each  of  the  material  witnesses  examined  be- 
fore him  on  the  part  of  the  people  a  written  undertaking,  to 
the  effect  that  he  will  appear  and  testify  at  the  court  to 
which  the  depositions  and  statements  are  to  be  sent,  or  that 
he  will  forfeit  the  sum  of  five  hundred  dollars. 

Legislation  §  878.  Enacted  February  14.  1872  (N.  Y.  Code  Crim. 
Proc,  §215);  based  on  Crim.  Prac  Act,  Stats.  1851,  p.  231,  §  170, 
which  had  (1)  the  word  "shall"  instead  of  "may"  after  "magistrate," 
and   (2)   "recognizance"  instead  of  "undertaking."    , 

§  879.  Security  for  the  appearance  of  witnesses,  when 
and  how  required.  AVheu  the  magistrate  or  a  .judge  of  the 
court  in  Avhieh  the  action  is  pending  is  satisfied,  by  proof  on 
oath,  that  there  is  reason  to  believe  that  any  such  witness 
will  not  appear  and  testify  unless  security  is  required,  he 
may  order  the  witness  to  enter  into  a  written  undertaking, 
with  sureties,  in  such  sum  as  he  may  deem  proper,  for  his 
appearance  as  specified  in  the  preceding  section. 
Reducing  testimony  to  writing:  See  ante,  §  809. 
Taking  deposition  of  witness:   See  Const.   1879,   art.  i,  §  13;   and 

post,  §  882. 


453  COMMITMENT.       SECURITY  FOR  APPEARANCE.  §  882 

Legislation  §  879.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  216);  based  on  Stats.  1851,  p.  231,  §  171,  which  read:  "§  171. 
\\'henever  the  magistrate  shall  be  satisfied  by  proof  on  oath  that 
there  is  reason  to  believe  that  any  such  witness  will  not  fulfill  his 
recognizances  to  appear  and  testify,  unless  security  be  required,  he 
may  order  the  witness  to  enter  into  a  written  recognizance  with 
such  sureties  and  in  such  sum  as  he  may  deem  meet  for  his  appear- 
ance as  specified  in  the  last  section." 

§  880.  Infants  and  married  women  may  be  required  to 
give  security.  Infants  and  married  women,  who  are  mate- 
rial witness [es]  against  the  defendant,  may  be  required  to 
procure  sureties  for  their  appearance,  as  provided  in  the  last 
section. 

Legislation  §  880.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  231,  §  172,  which  had  (1)  "witnesses"  in- 
stead of  "witness,"  and  (2)  "may  in  like  manner  be  required"  in 
stead  of  "may  be  required." 

§  881.  Witnesses  to  be  committed  on  refusal  to  give  secu- 
rity for  their  appearance.  If  a  witness,  required  to  enter 
into  an  undertaking  to  appear  and  testify,  either  with  or  with- 
out sureties,  refuses  compliance  with  the  order  for  that  pur- 
pose, the  magistrate  must  commit  him  to  prison  until  he  com- 
plies or  is  legally  discharged. 

Legislation  §  881.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §218);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  231,  §  173, 
which  read:  "§  173.  If  a  witness  required  to  enter  into  recogni- 
zance to  appear  and  testify  either  with  or  without  sureties  refuse 
compliance  with  the  order  for  tha':  purpose,  the  magistrate  shall 
commit  him  to  prison  until  he  comply  or  be  legally  discharged." 

§  882.  Witness  unable  to  give  security  may  be  condition- 
ally examined.  When,  however,  it  satisfactorily  appears  by 
examination,  on  oath  of  the  witness,  or  any  other  person, 
that  the  witness  is  unable  to  procure  sureties,  he  may  be 
forthwith  conditionally  examined  on  behalf  of  the  people. 
Such  examination  must  be  by  question  and  answ^er,  in  the 
presence  of  the  defendant,  or  after  notice  to  him,  if  on  bail, 
and  conducted  in  the  same  manner  as  the  examination  before 
a  committing  magistrate  is  required  by  this  code  to  be  con- 
ducted, and  the  witness  thereupon  discharged;  and  such 
deposition  may  be  used  upon  the  trial  of  the  defendant,  ex- 
cept in  cases  of  homicide,  under  the  same  conditions  as 
mentioned  in  section  thirteen  hundred  and  forty-five;  but 
this  section  does  not  apply  to  an  accomplice  in  the  commis- 
sion of  the  offense  charged.  [Amendment  approved  1905; 
Stats.  1905,  p.  763.] 

Constitutional  provision.  The  constitution  provides  that  "the 
legislature  shall  have  power  to  provide  for  the  taking,  in  the  pres- 
ence  of  the  party   accused   and   his   counsel,   of  depositions   of  wit- 


§  883  I'ENAL   CODK.  454 

iiesses  in  criminal  cases,  other  than  cases  of  homicide,  when  there 
is  a  reason  to  bolievo  that  the  witness,  from  inability  or  other 
cause,  will  not  attend  at  the  trial":  Const.  1879,  art.  i,  §  13. 

Legislation  §  882.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
TVoc,  §219);  based  on  C'rim.  Piac.  Act*  Stats.  1851,  p.  2,31,  §§174, 
175,  which  read:  "§174.  When,  however,  it  shall  satisfactorily  ap- 
]iear  by  the  examination  on  oath  of  the  witness,  or  any  other  person, 
that  the  witness  is  unable  to  procure  sureties,  he_  may  be  forthwith 
conditionally  examined  on  behalf  of  tlie  ])Cople;  such  examination 
shall  be  by  question  and  answer,  and  shall  be  conducted  in  the  same 
manner  as  the  examination  before  a  committing  magistrate  is  re- 
quired by  this  act  to  be  conducted,  and  the  witness  shall  thereupon 
be  discharged.  §  17o.  The  last  section  shall  not  apply  to  the  prose- 
cutor or  to  an  accomplice  in  the  commission  of  the  offense  charged." 
When  enacted  in  1872,  §  SS2  read:  "S82.  When,  however,  it  satis- 
factorily appears,  by  examination  on  oath  of  the  witness,  or  any 
other  person,  that  the  witness  is  unable  to  procure  sureties,  he  may 
be  forthwith  conditionally  examined  on  behalf  of  the  people;  such 
examination  must  be  by  question  and  answer,  and  conducted  in  the 
same  manner  as  the  examination  before  a  committing  magistrate 
is  required  by  this  code  to  be  conducted,  and  the  witness  thereupon 
be  discharged;  but  this  section  does  not  apply  to  the  prosecutor  or 
to  an  accomplice  in  the  commission  of  the  offense  charged." 

2.  Amended  by  Code  Amdts.  1877-78,  p.  122,  (1)  making  a  sen- 
tence of  the  first  clause  of  the  section;  (2)  in  second  sentence, 
(a)  adding,  after  "question  and  answer,"  the  words  "in  the  presence 
of  the  defendant,  or  after  notice  to  him,  if  on  bail,"  and  (b)  omit- 
ting "to  the  prosecutor  or"  after  "does  not  appl.v." 

3.  Amendment  by  Stats.  1901,  p.  483;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  763. 

§  883.     Magistrate  to  return  depositions,  etc.,  to  the  court. 

When  a  magistrate  lias  diseharyed  a  defendant,  or  has  held 
him  to  answer,  he  nnist  return,  without  delay,  to  the  clerk 
of  the  court  at  which  the  defendant  is  required  to  appear,  the 
warrant,  if  any,  the  depositions,  and  all  undertakings  of  bail, 
or  for  the  appearance  of  witnesses  taken  by  him. 

Legislation  §  883.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §221);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  231,  §  176, 
which  read:  "§  176.  When  a  magistrate  has  discharged  a  defendant, 
or  has  held  him  to  answer  as  provided  in  sections  one  hundred  and 
sixty-four  and  one  hundred  and  sixty-five,  he  shall  return  without 
delay  to  the  clerk  of  the  court  at  which  the  defendant  as  [is]  re- 
quired to  appear,  the  warrant  if  any,  the  depositions,  the  statement 
of  the  defendant,  if  he  have  m;  de  one,  and  all  recognizance  of  bail 
or  for  the  appearance  of  witnes    ?s  taken  by  him." 


455  PROCEEDINGS    BEFORE    INDICTMENT.  ^  ^00 


TITLE    IV. 

Proceedings  After  Commitment  and  Before  Indictment. 

Chapter  I.  Preliminary  Provisions.     §§  888-890. 

II.  Formation  of  the   Grand  Jury.     §§  894-910. 

III.  Powers  aiifl  Duties  of  a  Grand  Jury.     §§  915-930. 

IV.  Presentment  and  Proceedings  Thereon.     §§  931-937.      [Re- 

pealed.] 


CHAPTER  I. 

Preliminary  Provisions. 

§  888.     What  prosecutions  must  be  by  indictment  or  information. 

§  889.     What  by  accusation  or  information. 

§  890.     Indictments  and  accusations,  in  what  court  found. 

§  888.  What  prosecutions  must  be  by  indictment  or  infor- 
mation. All  public  offenses  triable  in  tbe  superior  courts 
must  be  prosecuted  by  indictment  or  information,  except  as 
provided  in  the  next  section.  [Amendment  approved  1880; 
Code  Amdts.  1880.  p.  12.] 

Offenses,  how  prosecuted:   See  ante,  §  682. 

Legislation  §  888.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  222);  based  on  Crim.  Prae.  Act,  §  177,  as  amended  by  Stats. 
1863,  p.  158,  §  5,  which  read:  "§  177.  All  public  offenses  prosecuted 
in  the  district  court  and  county  court,  must  be  prosecuted  by  indict- 
ment, except  as  provided  in  the  next  section."  When  enacted  in  1872, 
§  888  read:  "888.  All  public  offenses  triable  in  the  district  and 
count}'  courts,  must  be  prosecuted  by  indictment,  except  as  provided 
in  the  next  section." 

2.  Amended  by  Code  Amdts.  1880,  p.  12. 

§  889.  What  by  accusation  or  information.  When  the 
proceedings  are  had  for  the  removal  of  district,  county, 
municipal,  or  township  officers,  they  may  be  commenced  by 
an  accusation  or  information,  in  writing,  as  provided  in 
sections  seven  hundred  and  fifty-eight  and  seven  hundred 
and  seventy-two. 

Offenses,  how  prosecuted:  See  ante,  §  682. 

Legislation  §  889.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1851,  p.  232,  §  178,  which  read:  "§  178.  When  the  proceedings  are 
had  for  the  removal  of  district,  county,  or  township  officers,  they 
may  be  commenced  by  an  accusation  in  writing,  as  provided  in  sec- 
tion seventy  and  eighty-three." 

2.  Amendment  by  Stats.  1901,  p.  483;  unconstitutional.  See  note, 
§  5,  ante. 

§  890.     Indictments  and  accusations,  in  what  court  found. 

All  accusations,  informations,  or  indictments  against  district, 
county,  municipal,  and  township  officers,  must  be  found  or 


§  894  PENAL   CODE.  45G 

filed   ill   the   superior   coiu't.      |  AineiKliiieJii   appi-oxcil    1880; 
Code  Aiudts.  1880,  p.  '34. \ 

Legislation  §  890.  1.  Enacted  J'Vhriiaiy  If,  1872;  based  on  C'riiu. 
Prac.  Act,  S  179,  as  amended  by  Stats.  18G3,  p.  1.38,  §  6,  which  read: 
"§  179.  All  accusations  against  district,  county,  and  township  offi- 
cers, and  all  indictments,  must  be  found  in  the  county  court."  ^Mien 
§  890  was  enacted  in  1872,  "municipal"  was  omitted. 

2.  Amended  by  Code  Amdts.  1880,  p.  31. 

3.  Amendment  by  Stats.  1901,  p.  483;  unconstitutional.  See  note, 
§  o,  ante. 

CHAPTER  II. 

Formation  of  the  Grand  Jury. 

§  894.  Accepting  grand  juror. 

§  895.  Allowing  challenge. 

§  896.  Challenging  grand  juror.      [Repealed.] 

§  897.  How  made,  etc.     [Repealed. J 

§  898.  Decision   upon   challenges.      [Repealed.] 

§  899.  Eifeet  of  allowing  a  challenge  to  a  panel.      [Repealed.] 

§  900.  Eifeet    of    allowing    challenge    to    an    individual    juror.      [Re- 
pealed.] 

§  901.  Objections  can  only  be  taken  by  challenge.     [Repealed.] 

§  902.  Appointment  of  a  foreman. 

§  903.  Oath  to  foreman. 

§  904.  Oath  of  other  grand  jurors. 

§  905.  Charge  of  the  court. 

§  906.  Retirement  of  the  grand  jury.     Discharge  of. 

§  907,  Permitting  prejudiced  juror  to  retire. 

§  908.  Order  for  special  grand  jury.      [Repealed.] 

§  909.  Order,  how  executed.      [Repealed.] 

§  910.  Special  grand  jury,  how  formed.      [Repealed.] 

§  894.  Accepting  grand  juror.  Before  accepting  a  person 
drawn  as  a  grand  juror,  the  court  must  be  satisfied  that  such 
person  is  duly  qualified  to  act  as  such  juror,  but  when  drawn 
and  found  qualified  he  must  be  accepted  unless  the  court, 
on  the  application  of  the  juror  and  before  he  is  sworn,  shall 
excuse  him  from  such  service  for  any  of  the  reasons  pre- 
scribed in  chapter  1,  title  3,  part  1  (sections  190-254)  of  the 
Code  of  Civil  Procedure.  [Amendment  approved  1911; 
Stats.  1911,  p.  433.] 

See,  as  to  formation  of  grand  jury,  Code  Civ.  Proc,  §§  241  et  seq. 
Legislation  §  894,  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  237);  based  on  Crim.  Prac.  Act,  §  181,  as  amended  by 
Stats.  1854,  Kerr  ed.  p.  161,  Redding  ed.  p.  80,  §  2,  which  read: 
"§  181.  A  challenge  may  be  taken  to  the  panel  of  the  grand  jury, 
or  to  any  individual  grand  juror  in  the  cases  hereinafter  prescribed, 
by  the  people  or  the  defendant."  As  enacted  in  1872  the  section 
read:  "The  people,  or  a  person  held  to  answer  a  charge  for  a  public 
offense,  may  challenge  the  panel  of  a  grand  jury,  or  an  individual 
juror." 

2.  Amended  by  Stats.  1911,  p.  433. 


457  FORMATION    OF  THE  GRAND   JURY.  §896 

§  895.  Allowing  challenge.  No  challenge  shall  be  made 
or  allowed  to  the  panel  from  which  the  grand  jury  is  drawn, 
nor  to  an  individual  grand  juror,  unless  when  made  by  the 
court  for  want  of  qualification,  as  prescribed  in  the  next 
preceding  section.  [Amendment  approved  1911  ;  Stats. 
1911,  p.  434.] 

Legislation  §  895.  1.  Enacted  Februaiy  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  238);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  232, 
§  182,  which  read:  "§  182.  A  challenge  to  the  panel  may  be  inter- 
posed for  one  or  more  of  the  following  causes  only:  1st.  That  the 
requisite  number  of  ballots  was  not  drawn  from  the  jury-box  of  the 
county,  as  prescribed  by  law.  2d.  The  notice  of  the  drawing  of  the 
grand  jury  was  not  given  as  prescribed  by  law.  3d.  That  the  draw- 
ing was  not  had  in  the  presence  of  the  officers  or  officer  designated 
by  law."  As  enacted  in  1872  the  section  read:  "A  challenge  to  the 
panel  may  be  interposed  for  one  or  more  of  the  following  causes 
only: 

1.  That  the  requisite  number  of  ballots  was  not  drawn  from  the 
jury-box  of  the  county; 

2.  That  notice  of  the  drawing  of  the  grand  jury  was  not  given; 

3.  That  the  drawing  was  not  had  in  the  presence  of  the  officers 
designated  by  law." 

2.  Amended  by  Stats.  1911,  p.  434. 

§896.  Challenging  grand  juror.  [Repealed  1911;  Stats. 
1911,  p.  434.] 

Setting  aside  indictment  or  information:  Post,  §  995. 

Grounds  of  challenge  to  juror:  See  post,  §§  1072,  1073,  1074. 

Legislation  §  896.  1.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  239) ;  based  on  Crim.  Prac.  Act,  §  183,  as  amended  by  Stats. 
1869-70,  p.  786,  §  1,  the  introductory  paragraph  and  subds.  1,  2,  3,  4, 
and  5  reading  same  as  the  amendment  of  1873-74  (see  post),  except 
that  subd.  4  did  not  contain  the  article  "a"  before  "prosecutor"' 
(added  in  1873-74),  subd.  6  (which  ended  the  section)  reading, 
"Sixth.  That  he  has  formed  or  expressed  an  unqualified  opinion  or 
belief  that  the  defendant  is  guilty  or  not  guilty  of  the  offense 
charged;  but  a  hypothetical  opinion,  founded  on  hearsay  or  infor- 
mation supposed  to  be  true,  unaccompanied  with  malice  or  ill-will, 
shall  not  disqualify  a  juror  or  be  a  cause  of  challenge."  When  §  896 
was  enacted  in  1872,  another  subdivision,  numbered  7,  was  added, 
which  read,  "7.  That  a  state  of  mind  exists  on  his  part  in  reference 
to  the  case,  or  to  either  party,  which  satisfies  the  court  that  he  can- 
not act  impartially  and  without  prejudice  to  the  substantial  rights 
of  the  party  challenging."'  The  code  commissioners  say:  "Subd.  7 
is  added  to  §  183  of  the  Criminal  Practice  Act  of  1851,  as  amended. 
(Stats.  1869-70,  p.  786.)  It  stands  upon  the  same  footing  of  reason 
and  justice  as,  and  covers  cases  that  may  not  fall  within,  subd.  6." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  436,  to  read:  "A  chal- 
lenge to  an  individual  grand  juror  may  be  interposed  for  one  or  more 
of  the  following  causes  only:  First.  That  he  is  a  minor.  Second. 
That  he  is  an  alien.  Third.  That  he  is  insane.  Fourth.  That  he 
is  a  prosecutor  upon  a  charge  against  the  defendant.  Fifth.  That 
he  is  a  witness  on  the  part  of  the  prosecution,  and  has  been  served 
with  process  or  bound  by  an  undertaking  as  such.  Sixth.  That  a 
state  r>f  mind  exists  on  his  part  in  reference  to  the  case,  or  to  either 


§  900  PENAL    CODE.  458 

party,  wliich  will  prevent  him  from  acting  impartially  and  without 
{)rejudice  to  the  substantial  rights  of  the  party  challenging;  but  no 
person  shall  be  disqualified  as  a  juror  by  reason  of  having  formed 
or  expressed  an  opinion  upon  the  matter  or  cause  to  be  submitted 
to  such  jury,  founded  upon  public  rumor,  statements  in  public  jour- 
nals, or  common  notoriety,  provided  it  satisfactorily  appear  to  the 
court  ui)on  his  declaration,  under  oath  or  otherwise,  that  he  can  and 
will,  not  withstanding  such  an  opinion,  act  impartially  and  fairly 
upon  the  matters  to  be  submitted  to  him." 
3.  Eepealed  by  Stats.  1911,  p.  434, 

§897.  How  made,  etc.  [Repealed  1911;  Stats.  1911, 
p.  434.] 

Trial  of  challenge:  See  post,  §  1078. 

Legislation  §  897.  1.  Enacted  Febryarv  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §240);  based  on  Crim.  Prac."  Act,  Stats.  1851,  p.  232, 
§  184,  which  read:  "§  184.  The  challenges  mentioned  in  the  last 
three  sections  may  be  oral,  and  shall  be  entered  upon  the  minutes, 
and  tried  by  the  court  in  the  same  manner  as  challenges  in  the  case 
of  a  trial  jury,  which  are  triable  by  the  court."  When  enacted  in 
1872,  §  897  read:  "897.  The  challenges  mentioned  in  the  last  three 
sections  may  be  oral,  and  must  be  entered  upon  the  minutes,  or 
taken  down  by  the  reporter,  and  tried  by  the  court  in  the  same 
manner  as  challenges  in  the  case  of  a  trial  jury,  which  are  triable  by 
the  court." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  436,  to  read:  "The  chal- 
lenges mentioned  in  the  last  three  sections  may  be  oral  or  in  writ 
ing,  and  must  be  tried  by  the  court." 

3.  Eepealed  by  Stats.  i911,  p.  434. 

§  898.  Decision  upon  challenges.  [Repealed  1911 ;  Stats. 
1911,  p.  434.] 

Similar  provision  as  to  trial  juror:  See  post,  §  1083. 

Legislation  §  898.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  241);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  232,  §  185.  As  enacted  in  1872  the  section  read:  "The  court 
must  allow  or  disallow  the  challenge,  and  the  clerk  must  enter  its 
decisions  upon  the  minutes." 

2,  Repealed  by  Stats.  1911,  p.  434. 

§  899.  Effect  of  allowing  a  challenge  to  a  panel.  [Re- 
pealed 1911;  Stats.  1911,  p.  434.] 

Legislation  §  899.  1.  Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  232,  §  186.  As  enacted  in 
1872  it  read:  "If  a  challenge  to  the  panel  is  allowed,  the  grand 
jury  are  prohibited  from  inquiring  into  the  charge  against  the 
defendant,  by  whom  the  challenge  was  interposed.  If,  notwith- 
standing, they  do  so,  and  find  an  indictment  against  him,  the  court 
must  direct  it  to  be  set  aside." 

2.  Repealed  by  Stats.  1911,  p.  434. 

§  900.  Effect  of  allowing  challenge  to  an  individual  juror. 
[Repealed  111;  Stats.  1911,  p.  434.] 

Grand  juror  acting  after  allowance  of  challenge:  See  ante,  §  164. 

Legislation  §  900.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.    Proc,  §§242,  2^3);   based    on   Crim.   Prac  Act,   Stats.   1851, 


459  FORMATION   OF  THE  GRAND   JURY.  §  903 

p.  232,  §§  187,  188,  which  read:  "§187.  If  a  cballenge  to  an  indi- 
vidual grand  juror  be  allowed,  he  shall  not  be  present  or  take  part 
in  the  consideration  of  the  charge  against  the  'lefendant  who  inter- 
posed the  challenge  or  the  deliberations  of  tho  grand  jury  thereon. 
§  188.  The  grand  jury  shall  inform  the  court  of  a  violation  of  the 
last  section,  and  it  shall  be  punished  by  the  court  as  a  contempt." 
The  section  as  enacted  in  1872  read:  "If  a  challenge  to  an  indi- 
vidual grand  juror  is  allowed,  he  cannot  be  present  or  take  part 
in  the  consideration  of  the  charge  against  the  defendant  who  inter- 
posed the  challenge,  or  the  deliberations  of  the  grand  jury  thereon. 
The  grand  jury  must  inform  the  court  of  a  violation  of  this  section, 
and  it  is  punishable  by  the  court  as  a  contempt." 
2.  Repealed  by  Stats.  1911,  p.  434. 

§  901.  Objections  can  only  be  taken  by  challenge.  [Re- 
pealed 1911;  Stats.  1911,  p.  434.] 

Legislation  §  901.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prae.  Act,  Stats.  1831,  p.  233,  §  189,  the  final  words  of  which  read, 
"in  no  other  mode  than  that  by  chalLsnge,  as  prescribed  in  the 
preceding  section."  The  section  as  enacted  in  1872  read:  "A  person 
held  to  answer  to  a  charge  for  a  public  offense  can  take  advantage 
of  any  objection  to  the  panel  or  to  au  individual  grand  juror  in 
no  other  mode  than  by  challenge." 

2.  Repealed  by  Stats.  1911,  p.  434. 

§  902.  Appointment  of  a  foreman.  From  the  persons 
summoned  to  serve  as  grand  jurors  and  appearing,  the  court 
must  appoint  a  foreman.  The  court  must  also  appoint  a 
foreman  Avhen  the  person  already  appointed  is  excused  or 
discharged  before  the  grand  jury  is  dismissed. 

Legislation  §  902.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §244);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  233,  §  190, 
which  had  "shall"  instead  of  "must"  in  both  instances. 

§903.  Oath  to  foreman.  Tbe  following  oath  must  be 
administered  to  the  foreman  of  the  grand  jury: 

"You,  as  foreman  of  the  grand  jury,  will  diligently  inquire 
into,  and  true  presentment  make,  of  all  public  offenses 
against  the  people  of  this  state,  committed  or  triable  within 
this  county,  of  which  you  shall  have  or  can  obtain  legal  evi- 
dence. You  will  keep  your  own  counsel,  and  that  of  your 
fellows  and  of  the  government,  and  will  not,  except  when 
required  in  the  due  course  of  judicial  proceedings,  disclose 
the  testimony  of  any  witness  examined  before  you,  nor  any- 
thing which  you  or  any  other  grand  juror  may  have  said, 
nor  the  manner  in  which  you  or  any  other  grand  juror  may 
have  voted  on  any  matter  1  efore  you.  You  will  present  no 
person  through  malice,  hatred,  or  ill-will,  nor  leave  any  un- 
presented  through  fear,  favor,  or  affection,  or  for  any 
reward,  or  the  promise  or  hoi>e  thereof;  but  in  all  your  pre- 
sentments you  will  present  the  truth,  the  whole  truth,  and 
nothing  but  the  truth,  according  to  the  best  of  your  skill  and 


§  906  PENAL   CODL\  460 

understandiiij^,  so  lieli)   xoii   (Jod."      [Ameiidmeiil   ;ii)|)roved 
1874;  Code  Amdts.  1871^4,  p.  437.] 

Legislation  §  803,  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  1245);  based  on  Crini.  Prac.  Act,  Stats.  1851,  p.  233, 
§  191,  which  read:  "§  191.  The  following  oath  shall  be  adminis- 
tered to  the  foreman  of  the  grand  jury:  'You,  as  foreman  of  the 
grand  jury,  shall  diligently  inquire  into,  and  true  presentment  make, 
of  all  public  otfenses  against  the  people  of  this  state,  committed 
or  triable  within  this  county,  of  which  you  have  or  can  obtain  legal 
evidence.  Y'ou  shall  present  no  jierson  through  malice,  hatreil,  or 
ill-will,  nor  leave  any  unprcsented  through  fear,  favor,  or  affection, 
or  for  any  reward,  or  tlie  promise  or  hope  thereof;  but  in  all  your 
presentments  you  shall  present  the  truth,  the  whole  truth,  and  noth- 
ing but  the  truth,  according  to  the  best  of  your  skill  and  under- 
standing, so,  help  you  God."  When  §  903  was  enacted  in  1872,  (1) 
"shall"  was  changed  to  "must"  in  the  first  two  instances  and  (2)  the 
word  "shall"  was  inserted  before  "have  or  can"  in  first  sentence  of 
oath. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  437,  (1)  the  auxiliary 
verb  "will"  changed  from  "shall"  in  all  the  instances,  and  (2)  the 
present  second  sentence  added. 

§  904.  Oath  of  other  grand  jurors.  The  following  oath 
must  be  inimediatel}^  thereupon  administered  to  the  other 
grand  jurors  present:  "The  same  oath  which  yonr  foreman 
has  now  taken  before  you  on  his  part,  you  and  each  of  you 
shall  well  and  truly  observe  on  your  part,  so  help  you  God." 
Legislation  §  904.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  24G) ;   based   on   Crim.   Prac.   Act,   Stats.   1851,  p.   233,  §  192, 

which  had  "oath  shall"  instead  of  "oath  must." 

§  905.  Charge  of  the  court.  The  grand  jury  being  impan- 
eled and  sworn,  must  be  charged  by  the  court.  In  doing  so. 
the  court  must  give  them  such  information  as  it  may  deem 
proper,  or  as  is  required  by  law,  as  to  their  duties,  and  as 
to  any  charges  for  public  offenses  returned  to  the  court  or 
likely  to  come  before  the  grand  jury. 
Charge  to  grand  jury:  See  post,  §  928. 

Legislation  §  905.  Enacted  February  14,  1872  (N.  1^  Code  Crim. 
Proc,  §248);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  233,  §  193, 
which  read:  "§  193.  The  grand  jury  being  impaneled  and  sworn, 
shall  be  charged  by  the  court.  In  doing  so,  the  court  shall  give 
them  such  information  as  it  may  deem  proper,  as  to  the  nature  of 
their  duties,  and  any  charges  for  public  offenses  returned  to  the 
court  or  likely  to  come  before  the  grand  jury.  The  court  need  not, 
however,  charge  them  respecting  violations  of  any  particular  stat- 
ute." 

§  906.  Retirement  of  the  grand  jury.  Discharge  of.  The 
grand  jury  must  then  retire  to  a  private  room  and  in<iuire 
into  the  offenses  cognizable  ])y  them.  On  the  completion  of 
the  Inisiness  I  efoi'e  tlieni,  they  must   l)e  discharged   l)v  the 


461  FORMATION   OF  THE   GRAND   JURY.  §  909 

court;  but,  wliether  the  business  is  completed  or  not.  they 
are  diseharyed  by  the  linal  adjournment  of  the  court. 

Inquiry  into  offenses:   See  post,  §§  915,  923. 

As  to  discharge  of  jury  "by  the  final  adjournment  of  the  court": 
See  post,  Legislation  §  907,  Code  Cominissionor's  Note. 

Legislation  §  906.  1,  Enacted  February  14.  1872  (N.  Y.  Code 
Crim.  Proe.,  §§  249,  251);  based  on  Crim.  Prac.  Act,  Stats.  1851, 
p.  233,  §§  194,  195,  which  read:  "§  194.  The  grand  jury  shall  then 
withdraw  to  a  private  room,  and  inquire  into  the  offenses  cognizable 
by  them.  §  195.  The  grand  jury  on  the  completion  of  the  business 
before  them  shall  be  discharged  by  the  court,  but  whether  the  busi- 
ness be  completed  or  not,  they  shall  be  discharged  by  the  final 
adjournment  of  the  court." 

2.  Amendment  by  Stats.  1901,  p.  4S3;  unconstitutional.  See  note, 
§  5,  ante. 

§  907.  Permitting  prejudiced  juror  to  retire.  Before  con- 
sidering a  charge  against  any  person,  the  foreman  of  the 
grand  jury  shall  state  to  those  present  the  matter  to  be  con- 
sidered and  the  person  to  be  charged  with  an  offense  in 
connection  therewith,  and  direct  any  member  of  the  grand 
jury  who  has  a  state  of  mind  in  reference  to  the  case  or  to 
either  party  which  will  prevent  him  from  acting  impartially 
and  without  prejudice  to  the  substantial  rights  of  the  party 
to  retire.  Any  violation  of  this  section  by  the  foreman  or 
any  member  of  the  grand  jury  is  punishable  by  the  court 
as  a  contempt. 

Legislation  §  907.     Added   by   Stats.   1911,   p.   452.     There   was   a 

§  907  enacted  in  1872  which  was  repealed.     Its  history  is  as  follows: 

1.  Enacted  February  14,  1872;  based  on  Crim.  Prac.  Act,  Stats. 
1851,  p.  233,  §  196. 

2.  Eepeal  by  Stats.  1901,  p.  483;  unconstitutional.  See  note,  §  5, 
ante. 

3.  Eepealed  by  Stats.  1905,  p.  693;  the  code  commissioner  saying 
in  his  note  to  §§  907,  908,  909,  910,  "These  sections  purported  to 
authorize  the  court,  if  an  offense  is  committed  during  a  term  of 
court,  but  after  the  grand  jury  has  been  discharged,  to  summon 
another  grand  jury.  There  are  now  no  'terms  of  court,'  and  any 
necessity  which  may  arise  after  one  grand  jury  has  been  discharged 
can  be  met  by  the  drawing  of  another.  These  sections  are,  there- 
fore, repealed." 

§908.  Order  for  special  grand  jury.  [Repealed  1905; 
Stats.  1905,  p.  693.] 

Legislation  §  908.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  233,  §  197. 

2.  Amended  by  Stats.  1889,  p.  214. 

3.  Repeal  by  Stats.  1901,  p.  483;  unconstitutional.  See  note,  §  5, 
ante. 

4.  Repealed  by  Stats.  1905,  p.  693.  See  ante.  Legislation  §  907, 
for  code  commissioner's  note. 

§  909.  Order,  how  executed.  [Repealed  1905 ;  Stats.  1905, 
p.  693.] 


^  915  PENAL    (JODK.  4G2 

Legislation  §  909.     1.  Enai-tod   Fubriiiiry   It,  1872;   based  on   Criin. 
Prae.  Act,  IStats.  1851,  p.  233,  §  198. 

2.  Bepeal  by  Stats.  1901,  p.  -^83;  iiiicoiistitutional.     See  uote,  §  5, 
ante. 

3.  Rnpoalcd   by  Stats.   1905,   p.   fi93._    Sec   auto,   Legislation  §  907, 
for  code  ooniniissiouer's  uote. 

§  910.     Special  grand  jury,  how  formed.     |  licjxalod  1905  ; 
Stats.  19U5,  p.  693. J 
*      Legislation  §  910.     1.   Enacted  February   IJ,  1872;  based  on  Crim. 
Prae.  Act,  Stats.  1851,  p.  231,  §  199. 

2.  Eepeal  by  Stats.  1901,  p.  483 j  unconstitutional.     See  note,  §  5, 
ante. 

3.  Repealed  by  Stats.   1905,  p.   G93.     See  ante,  Legislation  §  907, 
for  code  commissioner's  uote. 


CHAPTER  III. 
Powers  and  Duties  of  a  Grand  Jury. 

§  915.     Powers  of  grand  juries. 

§  916.     Presentment   defined.     [Repealed.] 

§  917.     Indictment  defined. 

S  918.     Foreman  may  administer   oaths. 

§  919.     Evidence   receivable   before  grand  juries. 

§  920.  Grand  jury  not  bound  to  hear  evidence  for  the  defendant, 
but  may  order  explanatory  evidence,  etc. 

§  921.     Degree  of  evidence  to  warrant  indictment. 

§  922.  Grand  jurors  must  declare  their  knowledge  as  to  commission 
of   public   offense. 

§  923.     Must  inquire  into   case  of  persons  imprisoned,  etc. 

§  924.     Entitled  to  access  to  public  prison,  etc. 

§  925.  Advice  to  grand  jury.  Report  of  testimony.  Service  on  de- 
fendant.    Who   may  be   present. 

§  926.     Secrets  of  grand  jury  to  be  kept,  except,  etc. 

§  927.     Grand  juror  not  to  be  questioned  for  his  conduct,  except,  etc. 

§  928.     Grand  jury  to  examine  books. 

§  929.     Institution  of  suits  for  recovery  of  moneys  due  the  county. 

§  930.     Foreman  pro  tern.,  for  grand  jury. 

§915.  Powers  of  grand  juries.  The  grand  jury  must  in- 
quire into  all  public  olf  enses  committed  or  triable  within  the 
county,  and  present  them  to  the  court  by  indictment. 
[Amendment  approved  1905 ;  Stats.  1905,  p.  691.] 

Inquiry  into  offenses:   See  ante,  §  906;  post,  §  923. 

Duties  of  grand  jurors:  See  post,  §  928. 

Impaneling  grand  juries:  Const.  1879,  art.  i,  §  8;  Code  Civ.  Proc, 
§§241-243;  ante,   §§894  et  seq. 

Legislation  §  915.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §252);  based  on  Crim.  Prae.  Act  1851,  p.  234,  §  205, 
which  read:  "§  205.  The  grand  jury  has  the  power,  and  it  is  their 
duty  to  inquire  into  all  public  offenses  committed  or  triable  within 
the  county,  and  to  present  them  to  the  court  either  by  presentment 
or  by  indictment." 

2.  Amendment  by  Stats.  1901,  p.  484;  unconstitutional.  See  note^ 
§  5,  ante. 


403  POWERS  AND  DUTIES  OF  GRAND  JURY.  §  91^ 

3.  Aineuded  by  Stats.  1905,  p.  694,  omitting  "either  by  present- 
ment or,"  before  "by  indictment,"  at  end  of  section;  the  code  com- 
missioner saying,  "The  change  is  made  for  the  reason  that  grand 
juries  no  longer  have  authority  to  prefer  presentments." 

§  916.  Presentment  defined.  [Repealed  1905 ;  Stats.  1905, 
p.  693.] 

Legislation  §  916.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  234,  §  207. 

2.  Repeal  by  Stats.  1901,  p.  484;  unconstitutional.  See  note,  §  5, 
ante. 

3.  Repealed  by  Stats.  1905,  p.  693;  the  code  commissioner  saying, 
"This  section  relates  to  and  defines  presentments  by  grand  juries, 
and,  as  they  no  longer  have  authority  to  prefer  a  presentment,  the 
section  is  superfluous  and  misleading,  and  is,   therefore,  repealed." 

§  917.  Indictment  defined.  An  indictment  is  an  accusa- 
tion in  -writing,  presented  by  the  grand  jury  to  a  competent 
court,  charging  a  person  witli  a  public  offense. 

Indictment  must  contain  what:   Post,  §  950. 

Indictment,  sufficiency  of:   Post,  §  959. 

Legislation  §  917.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §254);  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  234,  §  206. 

§  918.  Foreman  may  administer  oaths.  The  foreman  may 
administer  an  oath  to  any  witness  appearing  before  the 
grand  jury. 

Legislation  §  918.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §253);    in    exact   language    of   Crim.   Prac.   Act,   Stats.    1851, 

p.  234,  §  208. 

§  919.     Evidence  receivable  before  grand  juries.     In  the 

investigation  of  a  charge,  the  grand  jury  can  receive  no 
other  evidence  than  such  as  is  given  by  witnesses  produced 
and  sworn  before  them,  or  furnished  by  legal  documentary 
evidence,  or  the  deposition  of  a  witness  in  the  cases  men- 
tioned in  the  third  subdivision  of  section  six  hundred  and 
eighty-six.  The  grand  jury  can  receive  none  but  legal  evi- 
dence, and  the  best  evidence  in  degree,  to  the  exclusion  of 
hearsay  or  secondary  evidence.  [Amendment  approved  1905; 
Stats.  1905,  p.  694.] 

Legislation  §  919.  1.  Enacted  February  14,  1872  (X.  Y.  Code 
Crim.  Proc,  §§  255,  256);  based  on  Crim.  Prac.  Act,  Stats.  1851, 
p.  234,  §§209,  210,  which  read:  "§209.  In  the  investigation  of  a 
charge,  for  the  purpose  of  either  presentment  or  indictment,  the 
grand  jury  shall  receive  no  other  evidence  than  such  as  is  given  by 
witnesses  produced  and  sworn  before  them,  or  furnished  by  legal 
documentary  evidence,  or  the  deposition  of  witnesses  taken  as  pro- 
vided in  this  act.  §  210.  The  grand  jury  shall  receive  none  but 
legal  evidence,  and  the  best  evidence  in  degree,  to  the  exclusion  of 
hearsay   or   secondary   evidence." 

2.  Amendment  by  Stats.  1901,  p.  484;  unconstitutional.  See  note, 
§  5,  ante. 


§  02:5  I'KNAL    CODK.  404 

3.  Aiiiciitleil  by  Slats.  1905,  |i.  i\\)\,  in  first  sontoiice,  omitting  "for 
tlio  imiiiosc  of  either  pioscMit  iiuMit  or  iiidictincMit"  before  "the  grand 
Jury";  the  code  comniissioiicr  saying,  "Tlie  change  is  made  because 
grand  juries  liave  no  longer  autliority  to  j)rofer  presentments." 

§  920.     Grand  jury  not  bound  to  hear  evidence  for  the 
defendant,  but  may  order  explanatory  evidence,  etc.     The 

iii'aiul  ,iiii-.\-  is  not  l)()uii(l  to  licar  cvkU'iicc  for  the  (h'Teiulant ; 
but  it  is  their  duty  to  wei^li  all  tlie  evidence  submitted  to 
them,  and  when  they  have  reason  to  believe  that  other  evi- 
deuee  within  their  reach  will  explain  away  the  charge,  they 
should  order  such  evidence  to  be  produced,  and  for  that 
puri)Ose  may  require  the  district  attorney  to  issue  process 
for  the  witnesses. 

Inquiry  into   offenses:    See   ante,  §  906;    post,  §  923. 

Legislation  §  920.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  2.17) ;    in    exact   language    of   Crim.   Prac.   Act,   Stats.    1851, 

p.  23.5,  §211. 

§  921.     Degree  of  evidence  to  warrant  indictment.     The 

li'rand  jury  ouuht  to  find  an  indictnu^nt  wiien  all  tlie  evidence 
before  them,  taken  too-ether,  if  unexplained  or  uncontra- 
dicted, would,  in  their  judgment,  warrant  a  conviction  by  a 
trial  jury. 

Legislation  §  921.  Enacted  February  11,  1872  (N.  Y.  Code  Crim. 
Proc,  §258);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  235,  §212, 
which  read:  "§  212.  The  grand  jury  ought  to  find  an  indictment, 
when  all  the  evidence  before  them,  taken  together,  is  such  as  in  their 
judgment  would,  if  unexplained  or  uncontradicted,  warrant  a  con- 
viction by  the  trial  jury." 

§  922.  Grand  jurors  must  declare  their  knowledge  as  to 
commission  of  public  offense.  If  a  member  of  a  grand  jury 
knows,  or  has  reason  to  believe,  that  a  public  offense,  triable 
within  the  county,  has  been  committed,  he  must  declare  the 
same  to  his  fellow-jurors,  who  must  thereupon  investigate 
the  same. 

Legislation  §  922.     Enacted  February  14,  1872  (jST.  Y.  Code  Crim. 

Proc,  §  259);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  235,  §  213. 

§  923.    Must  inquire  into  case  of  persons  imprisoned,  etc. 

The  grand  jury  must  inquire  into  the  case  of  every  person 
imprisoned  in  the  jail  of  the  county  on  a  criminal  charge 
and  not  indicted ;  into  the  condition  and  management  of  the 
public  prisons  within  the  county ;  and  into  the  willful  or  cor- 
rupt misconduct  in  office  of  public  olticers  of  every  descrip- 
tion within  the  county.  [Amendment  approved  1905;  Stats. 
1905,  p.  694.] 

Inquiry  into  books  and  accounts  of  officers:    See  post,  §  928. 

Inquiry  into  offenses:   See  ante,  §§  906,  915. 


4G5  POWERS  AND  DUTIES  OF  GRAND  JURY.  §  925 

Legislation  §  923.  1.  Enacted  February  14,  1872  (X.  Y.  Code 
C'riin.  Proc,  §2G0);  in  exact  language  of  Crini.  Prao.  Act,  Stats. 
1851,  p.  235,  §  214. 

2.  Amendment  by  Stats.  1901,  p.  484;  unconstitutional.  Sec  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  694,  substituting  "willful  or  cor- 
rupt" for  "willful  and  corrupt." 

§  924.     Entitled  to  access  to  public  prison,  etc.     They  are 

also  entitled  to  free  access,  at  all  rea.sonable  times,  to  the 
public  prisons,  and  to  the  examination,  without  charge,  of 
all  public  records  within  the  county. 

Legislation  §  924.     Enacted  February  14,  1872   (N.  Y.  Code  Crim. 

Proc,  §261);    in    exact   language    of   Crim.   Prac.    Act,   Stats.    1851, 

p.  235,  §  215. 

§  925.  Advice  to  grand  jury.  Report  of  testimony.  Ser- 
vice on  defendant.  Who  may  be  present.  The  grand  jury 
may,  at  all  times,  ask  the  advice  of  the  court,  or  the  judge 
thereof,  or  of  the  district  attorney ;  but  unless  such  advice  is 
asked,  the  judge  of  the  court  must  not  be  present  during  the 
sessions  of  the  grand  jury.  The  district  attorney  of  the 
county  may  at  all  times  appear  before  the  grand  jury  for  the 
purpose  of  giving  information  or  advice  relative  to  any  mat- 
ter cognizable  by  them,  and  may  interrogate  witnesses  before 
them  Avhenever  he  thinks  it  necessary ;  the  grand  jury,  on  the 
demand  of  the  district  attorney,  whenever  criminal  causes 
are  being  investigated  before  them  must  appoint  a  com- 
petent stenographic  reporter  to  be  sworn  and  to  report  the 
testimony  that  may  be  given  in  such  causes  in  shorthand, 
and  to  transcribe  the  same  in  all  cases  where  an  indictment 
is  returned.  If  an  indictment  has  been  found  against  a 
defendant,  a  copy  of  the  testimony  given  in  his  case  before 
the  grand  jury,  shall  be  served  upon  him  within  five  days 
after  the  discharge  of  the  grand  jury,  or  if  the  grand  jury 
has  not  been  discharged,  at  least  five  days  before  the  cause 
is  set  for  trial.  The  services  of  such  stenographic  reporter 
constitute  a  charge  against  the  county.  No  person  other 
than  those  specified  in  this  and  the  succeeding  section  is 
permitted  to  be  present  during  the  session  of  the  grand 
jury,  except  the  members  and  witnesses  actually  under  ex- 
amination, and  no  person  must  be  permitted  to  be  present 
during  the  expression  of  their  opinions,  or  giving  their 
votes  upon  any  matter  before  them.  The  grand  jury  or 
district  attorney  may  require  by  subpoena  the  attendance 
of  any  person  before  the  grand  jury  as  interpreter,  and 
such  interpreter  may,  Avhile  his  services  are  necessary,  be 
present  at  the  examination  of  witnesses  before  the  grand 
jury.     The  services  of  such  interpreter  constitute  a  charge 

Pen.  Code — 30 


^  925  I'ENAT.   CODE.  4G6 

against   the   county.      [AnieiulnuMit   approved   1911 ;   fSt-'vts. 
1911,  p.  434. 

betting  aside  indictment  because  persons  present  during  session 
of  grand  jury:   .Sec  post,  §  9i)5. 

Legislation  §  925.  1.  Eiiaetcd  February  14,  1872  (N.  Y.  Code 
Crim.  i'roc,  §S -t)2,  2(J3,  2(U) ;  based  on  Crim.  Prac.  Act,  §  216,  as 
aiiieiuled  bj-  Stats.  ISGo,  p.  158,  §  7,  which  read:  "§  210.  Tlie  grand 
jury  may,  at  all  reasonable  times,  ask  the  advice  of  the  court,  or 
tlie  jiidj^e  thereof,  and  of  the  district  attorney.  Unless  his  advice 
be  asked,  the  jndge  of  the  court  shall  not  be  permitted  to  be  present 
during  the  sessions  of  the  grand  jury.  The  district  attorney  of  the 
county  shall  be  allowed,  at  all  times,  to  appear  before  the  grand 
jury  for  the  purpose  of  giving  information  or  advice  relative  to  any 
matter  cognizable  by  them,  and  may  interrogate  witnesses  before 
them,  whenever  they  or  said  district  attorney  shall  deem  it  neces- 
sary. Except  the  district  attorney,  no  person  shall  be  permitted  to 
be  present  before  the  grand  jury,  besides  the  witnesses  actually 
under  examination,  and  no  person  shall  be  permitted  to  be  present 
during  the  expressions  of  their  opinions,  or  giving  of  their  votes 
upon  any  matter  before  them."  When  enacted  in  1872,  §  925  read: 
"925.  The  grand  jury  may,  at  all  reasonable  times,  ask  the  advice 
of  the  court,  or  the  judge  thereof,  or  of  the  district  attorney;  but 
unless  such  advice  is  asked  the  judge  of  the  court  must  not  be  pres- 
ent during  the  sessions  of  the  grand  jury.  The  district  attorney  of 
the  coimty  may  at  all  times  appear  before  the  grand  jiny  for  the 
purpose  of  giving  information  or  advice  relative  to  any  matter  cog- 
nizable by  them,  and  may  interrogate  witnesses  before  them  when- 
ever they  or  he  thinks  it  necessary;  but  no  other  person  is  permitted 
to  be  present  during  the  sessions  of  the  grand  jury  except  the  mem- 
bers and  witnesses  actually  under  examination,  and  no  person  must 
be  permitted  to  be  present  during  the  expression  of  their  opinions 
or  giving  their  votes  upon  any  matter  before  them." 

2.  Amended  by  Stats.  1897,  p.  2U4,  to  read:  "925.  The  grand 
jury  may,  at  all  times,  ask  the  advice  of  the  court,  or  the  judge 
thereof,  or  of  the  district  attorney;  but  unless  such  advice  is  asked, 
the  judge  of  the  court  must  not  be  present  during  the  sessions  of 
the  grand  jury.  The  district  attorney  of  the  county  may  at  all 
times  appear  before  the  grand  jury  for  the  purpose  of  giving  in- 
formation or  advice  relative  to  any  matter  cognizable  by  them,  and 
may  interrogate  witnesses  before  them  whenever  he  thinks  it  neces- 
sary. The  grand  jury,  on  the  demand  of  the  district  attorney, 
whenever  criminal  causes  are  being  investigated  before  them,  must 
appoint  a  competent  stenographic  reporter  to  report  the  testimony 
that  may  be  given  in  such  causes  in  shorthand,  and  reduce  the  same 
afterward,  upon  the  request  of  the  said  district  attorney,  to  long- 
hand; a  copy  of  the  said  testimony  so  taken  must  be  delivered  to 
the  defendant  in  any  such  criminal  cause  upon  the  arraignment 
after  indictment  of  the  said  defendant;  the  services  of  the  said 
stenographic  reporter  is  hereby  constituted  a  charge  against  the 
county  wherein  the  said  grand  jury  may  be  impaneled.  No  other 
person  other  than  above  specified  is  permitted  to  be  present  during 
the  session  of  the  grand  jury,  except  the  members  and  witnesses 
actually  under  examination,  and  no  person  must  be  permitted  to  be 
present  during  the  expression  of  their  opinions,  or  giving  their  votes 
upon  any  matter  before  them." 

3.  Amendment  by  Stats.  1901,  p.  484;  unconstitutional.  See  note, 
§  5,  ante. 


467  POWERS  AND  DUTIES  OF  GRAND  JURY.  §  926 

4.  Amended  by  Stats.  1905,  p.  G94,  (1)  changing  the  second  sen- 
tence to  read,  "The  district  attorney  of  the  county  may  at  all  times 
appear  before  the  grand  jury  for  the  purpose  of  giving  information 
or  advice  relative  to  any  matter  cognizable  by  them,  and  may  inter- 
rogate witnesses  before  them  whenever  he  thinks  it  necessary;  the 
grand  jury,  on  the  demand  of  the  district  attornej',  whenever  crim- 
inal causes  are  being  investigated  before  them,  must  appoint  a  com- 
petent stenographic  reporter  to  be  sworn  and  to  report  the  testimony 
that  may  be  given  in  such  causes  in  shorthand,  and  reduce  the  same, 
upon  the  request  of  the  district  attorney,  to  longhand  or  typewrit- 
ing; a  cojiy  of  such  testimony  must  be  delivered  to  the  defendant 
upon  his  arraignment  after  indictment";  (2)  adding  a  sentence  at 
the  end  of  the  section,  being  that  immediately  preceding  the  last 
of  the  amendment  of  1909;  the  code  commissioner  saying,  "The 
statute  of  1871-72,  p.  540,  authorizing  the  grand  jury  or  district 
attorney  to  require  the  attendance  of  an  interpreter,  is  codified  in 
the  last  sentence." 

5.  Amended  by  Stats.  1909,  p.  1126,  to  read:  "§925.  The  grand 
jury  may,  at  all  times,  ask  the  advice  of  the  court,  or  the  judge 
thereof,  or  of  the  district  attorney;  but  unless  such  advice  is  asked, 
the  judge  of  the  court  must  not  be  present  during  the  sessions  of 
the  grand  jury.  The  district  attorney  of  the  county  may  at  all 
times  appear  before  the  grand  jury  for  the  purpose  of  giving  in- 
formation or  advice  relative  to  any  matter  cognizable  by  them,  and 
may  interrogate  witnesses  before  them  whenever  he  may  deem  it 
necessary;  the  grand  jury  whenever  criminal  causes  are  being  inves- 
tigated before  them,  must  appoint  a  competent  stenographic  re- 
porter to  be  sworn  and  to  report  the  testimony  that  may  be  given 
in  such  causes  in  shorthand,  and  reduce  the  same  to  longhand  or 
typewriting;  a  copy  of  such  testimony  must  be  filed  with  the  clerk 
of  the  court  within  ten  days  after  the  finding  of  such  indictment 
and  delivered  to  the  defendant  upon  his  arraignment  after  indict- 
ment, as  provided  by  section  nine  hundred  and  eighty-eight  of  this 
code.  The  services  of  such  stenographic  reporter  constitute  a  charge 
against  the  county.  No  person  other  than  those  specified  in  this 
and  the  succeeding  section  is  permitted  to  be  present  during  the 
session  of  the  grand  jury,  except  the  members  and  witnesses  actu- 
ally under  examination,  and  no  person  must  be  permitted  to  be 
present  during  the  expression  of  their  ojiiuions,  or  giving  their  votes 
upon  any  matter  before  them.  The  grand  jury  or  district  attorney 
may  require  by  subpoena  the  attendance  of  any  person  before  the 
grand  jury  as  interpreter,  and  such  interpreter  may,  while  his  ser- 
vices are  necessary,  be  present  at  the  examination  of  witnesses 
before  the  grand  jury.  The  services  of  such  interpreter  constitute 
a  charge  against  the  county." 

6.  Amended  by  Stats.  1911,  p.  434. 

§  926.     Secrets  of  grand  jury  to  be  kept,  except,  etc. 

Every  member  of  the  grand  jury  must  keep  secret  whatever 
he  himself  or  any  other  grand  juror  may  have  said,  or  in 
what  manner  he  or  any  other  grand  juror  may  have  voted 
on  a  matter  before  them ;  but  may,  however,  be  required 
by  any  court  to  disclose  the  testimony  of  a  witness  exam- 
ined before  the  grand  jury,  for  the  purpose  of  ascertaining 
whether  it  is  consistent  with  that  given  by  the  witness 
before  the  court,  or  to  disclose  the  testimony  given  before 


<^  928  PENAL   CODE.  468 

tliciii  by  any  person,  upon  a  charge  against  such  person  for 
perjury  in  giving  his  testimony  oi-  upon  trial  therefor. 

Legislation  §  926.     Knafted  Ft'l)niiir,v    11,  1872  (N.  Y,  Code  Crim. 

I'roi'.,  §§  lili.j,  2GG);  in  substniico  tlic  siiiiic  :i-.  ('rim.   I'lac  Act,  Stats. 

185],  p.  23o,  §§  217,  218. 

§  927.  Grand  juror  not  to  be  questioned  for  his  conduct, 
except,  etc.  A  lirand  juror  eamiot  he  (piestioned  ior  any- 
thing he  may  say  or  any  vote  he  may  give  in  the  grand  jury 
relative  to  a  matter  legally  pending  before  the  jury,  except 
for  a  perjury  of  which  he  may  have  been  guilty,  in  making 
an  accusation  or  giving  testimony  to  his  fellow-jurors. 

Legislation  §  927.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §267);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  2,36,  §  219, 
which  read:  "§219.  No  grand  juror  shall  be  questioned  for  any- 
thing he  may  say,  or  any  vote  he  may  give  in  the  grand  jury,  rela- 
tive to  a  matter  legally  pending  before  the  jury,  except  for  a  perjury 
of  which  he  maj^  have  been  guilty  in  making  an  accusation  or  giving 
testimony  to  his  fellow-jurors." 

§  928.  Grand  jury  to  examine  books.  It  shall  be  the 
duty  of  the  grand  jury  annually  to  make  a  careful  and 
complete  examination  of  the  books,  records,  and  accounts 
of  all  the  officers  of  the  county,  and  especially  those  per- 
taining to  the  revenue,  and  report  as  to  the  facts  they  have 
found,  with  such  recommendations  as  they  may  deem  proper 
and  fit ;  and  if,  in  their  judgment,  the  services  of  an  expert 
are  necessary,  they  shall  have  powder  to  employ  one,  at  an 
agreed  compensation,  not  to  exceed  ten  dollars  a  day,  to  be 
first  approved  by  the  court;  and  if,  in  their  judgment,  the 
services  of  assistants  to  such  experts  are  required,  they 
shall  have  power  to  employ  such,  at  a  compensation  to  be 
agreed  upon  and  approved  by  the  court,  not  to  exceed,  how- 
ever, five  dollars  a  day  for  each  assistant,  such  compensa- 
tion of  expert  and  assistants  to  be  payable  as  other  county 
charges.  It  shall  be  the  duty  of  every  grand  jury  first  im- 
paneled in  even-numbered  years  to  investigate  and  report 
upon  the  needs  of  all  county  officers  in  its  county,  including 
increase  or  decrease  in  salaries,  number  of  officers,  deputies 
or  employees,  the  abolition  or  creation  of  offices  and  the 
equipment  for,  or  the  method  or  system  of  performing  the 
duties  of,  the  several  offices,  and  it  shall  cause  a  copy  of 
such  report  to  be  transmitted  to  each  member  of  the  legis- 
lature representing  the  county  in  which  it  has  been  im- 
paneled before  the  commencement  of  the  regular  session 
of  the  legislature  in  odd-numbered  years.  The  judge,  on 
impanelment  of  the  grand  jury  shall  charge  them  especially 
as  to  their  duties  under  this  section;  provided,  that  if  any 
grand  jury,  shall,  in  the  report  above  mentioned,  comment 


469  POWERS  AND  DUTIES  OF  GRAND  JURY.  §  930 

upon  any  person  or  official  Avho  has  not  been  indicted  by 
the  said  grand  jury  the  said  comments  shall  not  be  deemed 
to  be  privileged.  [Amendment  approved  1911 ;  Stats.  1911, 
p.  373.] 

Duties  of  grand  jury:  See  aute,  915. 

Charge  to  grand  jury:   See  ante,  §  905. 

Inquiry  into  misconduct  of  officers:  See  ante,  §  923. 

Legislation  §  928.  1.  Added  by  Code  Amdts.  1880,  p.  43,  and  then 
read:  "928.  It  shall  be  the  duty  of  the  grand  jury  annually  to 
make  a  careful  and  complete  examination  of  the  books,  records, 
and  accounts  of  all  the  officers  of  the  county,  and  especially  those 
pertaining  to  the  revenue,  and  report  thereon,  and  if,  in  their  judg- 
ment, the  services  of  an  expert  are  necessary,  they  shall  have  power 
to  employ  one  at  an  agreed  compensation  not  to  exceed  five  dollars 
per  day,  payable  as  other  county  charges.  The  judge,  upon  the 
impanelment  of  such  grand  jury,  shall  charge  them  specially  as  to 
their  duties  under  this  section." 

2.  Amended  by  Stats.  1897,  p.  204,  to  read:  "It  shall  be  the  duty 
of  the  grand  jury  annually  to  make  a  careful  and  complete  exam- 
ination of  the  books,  records,  and  accounts  of  all  the  officers  of  the 
county,  and  especially  those  pertaining  to  the  revenue,  and  report 
as  to  the  facts  they  have  found,  with  such  recomniendations  as  they 
may  deem  proper  and  fit;  and  if,  in  their  judgment,  the  services 
of  an  expert  are  necessary,  they  shall  have  power  to  employ  one, 
at  an  agreed  compensation,  not  to  exceed  five  dollars  per  day,  pay- 
able as  other  county  charges.  The  judge,  on  impanelment  of  such 
grand  jury,  shall  charge  them  specially  as  to  their  duties  under 
this  section;  provided,  that  if  any  grand  jury  shall,  in  the  report 
above  mentioned,  comment  upon  any  person  or  official  who  has  not 
been  indicted  by  the  said  grand  jury,  the  said  comments  shall  not 
be  deemed  to  be  privileged." 

3.  Amended  by  Stats.  1911,  p.  373. 

§  929.  Institution  of  suits  for  recovery  of  moneys  due  the 
county.  The  grand  .jury,  after  having  investigated  the 
books  and  accounts  of  the  various  officials  of  the  county,  as 
in  the  foregoing  section  provided,  may  order  the  district 
attorney  of  the  said  county  to  institute  suit  to  recover  any 
moneys  that,  in  the  judgment  of  the  said  grand  jury,  may 
from  any  cause  be  due  the  county,  and  the  order  of  the  said 
grand  jury,  certified  by  the  foreman  of  the  said  grand  jury, 
filed  with  the  county  clerk  of  the  said  county,  shall  be  full 
authority  for  the  said  district  attorney  to  institute  and  main- 
tain any  such  suit. 

Legislation  §  929.     Added  by  Stats.  1897,  p.  205. 

§  930.  Foreman  pro  tem.  for  grand  jury.  In  the  absence 
of  the  foreman  of  a  grand  jury  from  any  meeting  of  the 
same  or  in  the  event  of  his  disqualification  to  act,  the  grand 
jury  may  select  a  member  of  that  body  to  act  as  foreman 
pro  tem.,  who  shall  perform  the  duties  of,  and  have  all  the 
powers  of  the  regularly  appointed  foi-cman  in  the  absence 
or  disqualification  of  such  foreman. 

Legislation  §  930.     Added  by  Stats.  1915,  p.  37. 


§  937  I'ENAL  codl:.  470 

CHAPTER  IV. 
Presentment  and  Proceedings  Thereon. 

§  931.  Presentment  must  be  by  twelve  grand  jurors,  etc.  [Re- 
pealed.] 

§  932.     Must  be  presented  to  tlie  court  and  filed.     [Repealed.] 

§  933.  Court  must  direct  a  bench-warrant  if  facts  constitute  a  juib- 
lie  offense.     [Repealed.] 

§  934.     Bench-warrant,   by   whom   and   how   issued.      [Repealed.] 

§  935,     Form   of  bench-warrant.      [Repealed.] 

§  936.     Bench-warrant,   how  served.      [Repealed.] 

§  937.  Proceedings  of  magistrate  on  defendant  being  brought  be- 
fore him.      [Repealed.] 

Legislation  Chapter  IV.  1.  Enacted  February  14,  1872,  and  then 
consisted  of  §§931-937;  based  on  Crim.  Prac.  Act,  Stats.  1851.  pp. 
236,  237,  §§220,  221,  224-228.  The  only  section  amended  was  §935 
(Code  Amdts.  1880,  p.  34). 

2.  Repeal  by  Stats.  1901,  p.  485;  unconstitutional.  See  note,  §  5, 
ante. 

3.  Repealed  by  Stats.  1905,  p.  693;  the  code  commissioner  saying 
in  his  note  to  §§  931-937,  "These  sections  compose  Chapter  IV  of 
Title  IV  of  Pai't  II  of  the  Penal  Code.  They  relate  solely  to  the 
proceedings  after  finding  a  presentment,  and  since  the  adoption  of 
the  constitution  of  1879  have  been  inoperative,  and  are,  therefore, 
repealed." 

§  931.     Presentment  must  be  by  twelve  grand  jurors,  etc. 

[Repealed  1905:  Stnts.  1905,  p.  693.] 

Indictment.     Concurrence  of  twelve  grand  jurors:  See  post,  §  940. 
Legislation  §  931.     See  ante.  Legislation  Chapter  JV. 

§  932.  Must  be  presented  to  the  court  and  filed.  [Re- 
pealed 1905;  stats.  1905,  p.  693.] 

Legislation  §  932.     See  ante.  Legislation  Chapter  IV. 

§  933.  Court  must  direct  a  bench-warrant  if  facts  con- 
stitute a  public  offense.  [Repealed  1905;  Stats.  1905, 
p.  693.] 

Legislation  §  933.     See  ante.  Legislation  Chapter  IV. 

§  934.  Bench-warrant,  by  whom  and  how  issued.  [Re- 
pealed 1905;  Stats.  1905,  p.  693.] 

Legislation  §  934.     See  ante,  Legislation  Chapter  IV. 

§  935.  Form  of  bench-warrant.  [Repealed  1905 ;  Stats. 
1905,  p.  693.] 

Legislation  §  935.     See  ante.  Legislation   Chapter  IV. 

§  936.  Bench-warrant,  how  served.  [Repealed  1905 ; 
Stats.  1905,  p.  693.] 

Legislation  §  936.     See   ante,   Legislation   Chapter  TV. 

§937.     Proceedings    of   magistrate    on    defendant   being- 
brought  before  him.     [Repealed  1905;  Stats.  1905,  p.  698.J 
Legislation  §  937.     See  ante.  Legislation   Chapter  IV. 


471  FINDING  AND  PRESENTMENT  OF  INDICTMENT.  §  942 

TITLE    V. 
The  Indictment. 

Chapter  I.     Finding  and  Presentment  of  the  Indictment.     §§  940-945. 
II.     Eules  of  Pleading  and  Form  of  the  Indictment.     §§  948- 
972. 

CHAPTER  I. 

Finding  and  Presentment  of  the  Indictment. 

§  940.  Indictment   must  be   found  by   twelve  jurors,  indorsed,   etc. 

§  941.  If  not  found,  depositions,  etc.,  must  be  returned  to  court,  etc. 

§  942.  Effect  of  dismissal. 

§  943.  Names   of  witnesses  inserted   at  foot   of  indictment. 

§  944.  Indictment,  how  presented   and   filed. 

§  945.  Proceedings  when  defendant  is  not  in  custody. 

§  940.  Indictment  must  be  found  by  twelve  jurors,  in- 
dorsed, etc.  An  indictment  cannot  be  fonnd  without  the 
concurrence  of  at  least  twelve  grand  jurors.  When  so 
found  it  must  be  indorsed,  "A  true  bill,"  and  the  indorse- 
ment must  be  signed  by  the  foreman  of  the  grand  jury. 

Legislation  §  940.     Enacted  February  14,  1872   (N.  Y.  Code  Crim. 

Proc,  §  26S);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  237,  §  229. 

§  941.  If  not  found,  depositions,  etc.,  must  be  returned 
to  court,  etc.  If  twelve  grand  jurors  do  not  concur  in  find- 
ing an  indictment  against  a  defendant,  who  has  been  held 
to  answer,  the  depositions  and  statement,  if  any,  transmitted 
to  them  must  be  returned  to  the  court,  with  an  indorsement 
thereon,  signed  by  the  foreman,  to  the  effect  that  the  charge 
is  dismissed. 

Legislation  §  941.     Enacted  Febiuary  14,  1872   (N.  Y.  Code  Crim. 

Proc,  §  269);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
•    p.  237,  §  230. 

§  942.  Effect  of  dismissal.  The  dismissal  of  the  charge 
does  not  prevent  its  resubmission  to  a  grand  jury  as  often  as 
the  court  may  direct.  But  without  such  direction  it  cannot 
be  resubmitted. 

Resubmission  to  grand  jury  where  motion  to  set  aside  indictment 
or  information  sustained:  See  post,  §  997. 

Legislation  §  942.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §270);  based  on  Crim.  Prac  Act,  Stats.  1851,  p.  237,  §  231, 
which  read:  '"§  231.  The  dismissal  of  the  charge  shall  not,  however, 
prevent  the  charge  from  being  again  submitted  to  a  grand  jury,  or 
as  often  as  the  court  shall  so  direct.  But  without  such  direction 
it  shall  not  be  again  submitted." 


§  945  I'ENAL   CODK.  472 

§  943.  Names  of  witnesses  inserted  at  foot  of  indictment. 
Wlu'U  ail  indictnieiit  i.s  rouml,  the  iiaiiics  oi'  the  witue.s.scs 
examined  before  the  grand  jury,  or  whose  depositions  may 
have  been  read  before  them,  must  be  inserted  at  tlie  foot  of 
the  indictment,  or  indorsed  thereon,  before  it  is  presented  to 
the  court. 

Setting  aside  indictment  because  names  of  witnesses  not  in- 
dorsed:  See  post,  §  995. 

Legislation  §  943.  Eiiaetod  lY'ljiuaiy  H,  1872  (N.  Y.  Code  (Jrim. 
Prop.,  §  271);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  237,  §  2.32, 
which  read:  "§  232.  '  When  an  indictment  is  found  the  names  of  the 
witnesses  examined  before  the  grand  jury  shall  be  inserted  at  the 
foot  of  the  indictment  or  indorsed  thereon  before  it  is  presented 
to  the  court." 

§  944.  Indictment,  how  presented  and  filed.  An  indict- 
ment, when  found  by  the  grand  jui-y,  must  be  presented  by 
their  foreman,  in  their  presence,  to  the  court,  and  must  be 
filed  Avith  the  clerk. 

Legislation  §  914.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §272);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  237,  §  233, 
which  read:  "§  233.  An  indictment  when  found  by  the  grand  jury 
shall  be  presented  by  their  foreman  in  their  presence  to  the  court, 
and  shall  be  filed  by  the  clerk  and  remain  in  his  office  as  a  public 
record." 

§  945.  Proceedings  when  defendant  is  not  in  custody. 
"When  an  indictment  is  found  against  a  defendant  not  in  cus- 
tody, the  same  proceedings  must  be  had  as  are  prescribed  in 
sections  nine  hundred  and  seventy-nine  to  nine  hundred  and 
eighty-four,  inclusive,  against  a  defendant  who  fails  to  ap- 
pear for  arraignment. 

Legislation  §  945.     Enacted   February   14,   1872;   in   substance   the 

same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  237,  §  234. 


CHAPTER  II. 

Evdes  of  Pleading  and  Form  of  the  Indictment. 

§  948.  Form  of  and  rules  of  pleading. 

§  949.  First  pleading  by  the  people  is  indictment   or  information. 

§  950.  Indictment    or   information,    what   must    contain. 

§  951.  Form    of    indictment. 

§  952.  Indictment   must   be   direct   and   certain. 

§  953.  When  defendant  is  indicted  by  fictitious  name,  etc. 

S  954.  Two   or   more   offenses   in   one   indictment. 

§  955.  Statement  as  to  time  when  offense  was  committed. 

§  956.  Statement  as  to  person  injured  or  intended  to  be. 

§  957.  Construction   of  words  used  in   an  indictment  or  information. 

§  958.  Construction  of  words  used  in  a  statute. 

5  959.  Indictment    or    information,    when    sufficient. 

§  960.  Indictment,  etc.,  when  not  insuflfieient. 

§961.  Presumptions  of  law,  etc.,  need  not  be  stated. 


473  RULES  OF  PLEADING  AND  F0R:\I   OF  INDICTMENT.         §  950 

§  962.     Judgments,  etc.,  how  pleaded. 

§963.     rrivate  statutes,  liow  pleaded. 

§  964.     Pleading  in   indictment   for   libel. 

§  965.  Pleading  in  indictment  or  information  for  forgery,  where  in- 
strument has  been   destroyed   or  withheld  by  defendant. 

§  966.  Pleading  in  an  indictment  or  information  for  perjury  or  sub- 
ornation of  perjury. 

§  967.  Pleading  in  indictment  or  information  for  larceny  or  em- 
bezzlement. 

§  968.  Pleading  in  an  indictment  or  information  for  selling,  etc., 
lewd   and   obscene   books. 

§  969.     Previous  conviction  of  another  offense. 

§  970.     indictment  against  several,  one  or  more  may  be  acquitted. 

§  971.  Distinction  between  accessory  before  the  fact  and  principal 
abrogated. 

§  972.  Accessory  may  be  indicted  and  tried  though  principal  has  not 
been. 

§  948.     Form  of  and  rules  of  pleading.     All  the  forms  of 

pleading'  in  criminal  actions,  and  the  rnles  by  which  the  suffi- 
ciency of  pleadings  is  to  be  determined,  are  those  prescribed 
by  this  code. 

Legislation  §  948.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  273);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  237,  §  235. 

§  949.  First  pleading"  by  the  people  is  indictment  or  in- 
formation. The  first  pleading  on  the  part  of  the  people  is 
the  indictment  or  information.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  12.] 

Indictment,  sufficiency  of:   See  post,  §  959. 

Information,  form  of:   See  ante,  §  809. 

Legislation  §  949.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc.  §  274) ;  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  237,  §236. 

2.  Amended  by  Code  Amdts.  1880,  p.  12,  adding  "or  information" 
at  end  of  section. 

§950.     Indictment   or  information,  what  must  contain. 

The  indictment  or  information  must  contain : 

1.  The  title  of  the  action,  specifying  the  name  of  the 
court  to  which  the  same  is  presented,  and  the  names  of  the 
parties ; 

2.  A  statement  of  the  acts  constituting  the  offense,  in 
ordinary  and  concise  language,  and  in  such  manner  as  to 
enable  a  person  of  common  understanding  to  know  what  is 
intended.  [Amendment  approved  1880 ;  Code  Amdts.  1880, 
p.  12.] 

Indictment,   defined:    Ante,  §  917. 

Sufficiency  of  allegation  of  offense:  See  post,  §§  951,  959. 

Legislation  §  950.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §275);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  237, 
§237,  which   read:   "§237.     The   indictment  shall   contain   the  title 


§  952  I'ENAi.  c()i)K\  474 

of  the  action  specifying  tlie  name  of  Mic  court  to  which  the  indict- 
ment is  presented,  and  the  names  of  the  parties;  a  statement  of  the 
acts  constituting  the  offense  in  ordinary  and  concise  language,  and 
in  such  manner  as  to  enable  a  person  of  common  understanding  to 
know  what  is  intended." 

2.  Amended  by  Code  Amdts.  1880,  p.  12,  (I)  in  introductory  para- 
gra|>h,  inserting  "or  informatiiin''  after  "indictuKnit,"  and  (2)  in 
subd.  1,  changing  "indictment"  to  "same." 

§  951.     Form  of  indictment.     It  may  be  sii])staiitially  in 
the  following-  i'oriu :  Tlie  People  of  the  State  of  California 

against  A.  B.,  in  the  Superior  Court  of  the  County  of , 

the day  of ,  A.  D.  eighteen  [nineteen]  .     A.  B. 

is  accused  by  the  grand  jury  of  the  county  of ,  by  this 

indictment  (or  by  the  district  attorney  by  this  information), 
of  the  crime  of  (giving  its  leg;il  appellation,  such  as  murder, 
arson,  or  the  like,  or  designating  it  as  felony  or  misde- 
meanor), committed  as  follows:  The  said  A.  B.,  on  the 

day  of ,  A.  D.  eighteen  [nineteen]  ,  at  the  county  of 

(here  set  forth  the  act  or  omission  charged  as  an  of- 
fense), contrary  to  the  form,  force,  and  effect  of  the  statute 
in  such  case  made  and  provided,  and  against  the  peace  and 
dignity  of  the  people  of  the  state  of  California.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  12.] 

Sufficiency  of  indictment  or  information:  See  ante,  §950;  post, 
§  959. 

Information,  form  of:   See  ante,  §  809. 

Legislation  §  951.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §276);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  238, 
§  238,  which  read:  "§  238.  It  may  be  substantially  in  the  following 
form:   'The  People  of  the  State  of  California  against  A.  B.  in  the 

Court  of  Sessions  of  the  County  of  ,  term  A.  D.  18—.     A.  B.  is 

accused  by  the  grand  jury  of  the  county  of by  this  indictment, 

of  the  crime  of  (giving  its  legal  appellation,  such  as  murder,  arson, 
manslaughter,  or  the  like,  as  designating  it  as  felony  or  misde- 
meanor)  committed  as  follows:  The  said,  A.  B.,  on  the  day  of 

A.  D.  18 —  at  the  county  of  (stating  the  act  or  omission 

constituting  the  offense,  in  the  manner  prescribed  in  this  chapter, 
according  to  the  forms  mentioned  in  the  next  section  where  they 
are  applicable)."  When  enacted  in  1872,  §  951  read:  "951.  It  may 
be  substantially  in  the  following  form:  The  People  of  the  State  of 

("alifornia  against  A.  B.,  in  the  County  Court  of  the  County  of -, 

at  its Term,  A.  D.  eighteen :  A.  B.  is  accused  by  the  grand 

jury   of   the   county   of ,  by   this   indictment,   of   the   crime   of 

(giving  its  legal  appellation,  such  as  murder,  arson,  or  the  like,  or 
designating   it   as   felony   or   misdemeanor),   committed   as   follows: 

The  said  A.  B.,  on  the day  of  ,  A.  D.  eighteeen  ,  at 

the  county  of (here  set  forth  the  act  or  omission  charged  as  an 

offense)." 

2.  Amended  by  Code  Amdts.  1880,  p.  12. 

§  952.     Indictment  must  be  direct  and  certain.     It  must  be 
direct  and  certain,  as  it  regards  : 


475  RULES  OF  PLEADING   AND  FORM  OP  INDICTMENT.         §  954 

1.  The  party  charged; 

2.  The  offense  charged; 

3.  The  particular  circumstances  of  the  offense  charged, 
when  they  are  necessary  to  constitute  a  complete  offense. 

Sufficiency  of  allegation  of  offense:    See   ante,  §§  950,   951;   post, 
§959. 
Certainty:  See  post,  §  959. 

Legislation  §  952.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  238,  §  239,  the  introductory  paragraph  of 
which  read,  "The  indictment  must  be  direct  and  contain  as  it  re- 
gards," the  subdivisions  reading  same  as  the  code  section. 

§  953,  When  defendant  is  indicted  by  fictitious  name,  etc. 
When  a  defendant  is  charged  by  a  fictitious  or  erroneous 
name,  and  in  any  stage  of  the  proceedings  his  true  name  is 
discovered,  it  must  be  inserted  in  the  subsequent  proceed- 
ings, referring  to  the  fact  of  his  being  charged  by  the  name 
mentioned  in  the  indictment  or  information.  [Amendment 
approved  1880;  Code  Amdts.  1880,  p.  13.] 

Charging  defendant  by  fictitious  or  erroneous  name,  proceedings 
at  arraignment:  See  post,  §  989. 

Legislation  §  953.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  277);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  238,  §  240. 

2.  Amended  by  Code  Amdts.  1880,  p.  13,  (1)  changing  "indict- 
ment" to  "charged"  in  both  instances,  and  (2)  adding  "or  informa- 
tion" at  end  of  section. 

§  954.  Two  or  more  offenses  in  one  indictment.  The  in- 
dictment or  information  may  charge  two  or  more  different 
offenses  connected  together  in  their  commission,  or  different 
statements  of  the  same  offense,  or  two  or  more  different 
offenses  of  the  same  class  of  crimes  or  offenses,  under  sepa- 
rate counts,  and  if  two  or  more  indictments  or  informations 
are  filed  in  such  cases  the  court  may  order  them  to  be  con- 
solidated. The  prosecution  is  not  required  to  elect  between 
the  different  offenses  or  counts  set  forth  in  the  indictment 
or  information,  but  the  defendant  may  be  convicted  of  any 
number  of  the  offenses  charged,  and  each  offense  upon 
which  the  defendant  is  convicted  must  be  stated  in  the 
verdict;  provided,  that  the  court,  in  the  interest  of  justice 
and  for  good  cause  shown,  may,  in  its  discretion,  order  that 
the  different  offenses  or  counts  set  forth  in  the  indictment 
or  information  be  tried  separately,  or  divided  into  two  or 
more  groups  and  each  of  said  groups  tried  separately. 
[Amendment  approved  1915;  Stats.  1915,  p.  744.] 

Legislation  §  854.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  278,  279);  based  on  Crim"  Prac.  Act,  Stats.  1851, 
p.  238,  §  241,  which  read:  "§  241.  The  indictment  shall  charge  but 
one  offense,  but  it  may  set  forth  that  offense  in  different  forms  un- 


§  95G  PENAL    CODE.  470 

flcr  difTTeront  comils."  W'lioii  emictcil  in  1872,  §9;")!  read:  "9.')4.  Tho 
indictnu'iit  iiiii.st  (•h!irt,'c  hut  oiip  offonso,  and  in  one  form  orily,  except 
that  wIkmi  the  offense  may  ])v  committed  by  tlie  nse  of  different 
means,  tlie  indictment  may  allege  tlu^  means  in  the  alternative." 

2.  .\mendeil  by  To.le  Amdts.  1873-74,  \k  4.^7,  to  read:  "i».)4.  The 
indictment  must  cliarge  l)ut  one  offense,  l)ut  the  same  offense  may 
set  forth  in  ditfercnt  lorms  under  different  counts,  and,  when  the 
offense  may  be  committed  by  tlie  use  of  ditferent  means,  the  means 
may  be  alleged  in  the  alternative  in  the  same  count." 

3.  Amended  by  Code  Amdts.  1880,  \k  1.'!,  adding  "or  information" 
after  "indictment." 

4.  Amendment  by  Stats.  1901,  p.  485;  unconstitutional.  Sec  note, 
§  5,  ante. 

5.  Amended  by  Stats.  1905,  p.  772;  the  code  commissioner  saying, 
"The  amendment  is  designed  to  authorize  an  offense  to  be  set  forth 
under  different  counts,  and  to  excuse  the  prosecution  from  electing 
between  them."  The  section  then  read:  "The  indictment  or  informa- 
tion may  charge  different  offenses,  or  different  statements  of  the 
same  offense,  under  separate  counts,  but  they  must  all  relate  to  the 
same  act,  transaction,  or  event,  and  charges  of  offenses  occurring 
at  different  and  distinct  times  and  places  must  not  be  joined.  The 
prosecution  is  not  required  to  elect  between  the  different  offenses 
or  counts  set  forth  in  the  indictment  or  information,  but  the  defend- 
ant can  be  convicted  of  but  one  of  the  offenses  charged,  and  the 
same  must  be  stated  in  the  verdict." 

6.  Amended  by  Stats.  1915,  p.  744. 

§  955.     Statement  as  to  time  when  offense  was  committed. 

The  precise  time  at  which  the  offense  was  committed  need 
not  be  stated  in  the  indictment  or  information,  but  it  may 
be  alleged  to  have  been  committed  at  any  time  before  the 
iinding  or  filing  thereof,  except  where  the  time  is  a  material 
ingredient  in  the  offense.  [Amendment  approved  1880 ; 
(:!ode  Amdts.  1880,  p.  13.] 

Sufficiency  of  indictment  or  information:  See  post,  §  959. 
Legislation  §  955.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.  Proc.  §  280);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  238,  §  242. 

2.  Amended  by  Code  Amdts.  1880,  p.  13,  (1)  inserting  "or  informa- 
tion" after  "indictment,"  and  (2)  "or  filing"  after  "finding." 

§  956.    Statement  as  to  person  injured  or  intended  to  be. 

When  an  offense  involves  the  commission  of,  or  an  attempt 
to  commit,  a  private  injury,  and  is  described  with  sufficient 
certainty  in  other  respects  to  identify  the  act,  an  erroneous 
allegation  as  to  the  person  injured,  or  intended  to  be  in- 
jured, is  not  material. 

Legislation  §  956.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §281);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  238,  §  243, 
which  read:  §  243.  When  an  offense  involves  the  commission,  or 
an  attempt  to  commit  private  injury,  and  is  described  with  sufficient 
certainty  in  other  respects  to  identify  the  act,  an  erroneous  allega- 
tion as  to  the  person  injured,  or  intended  to  be  injured,  shall  not  be 
deemed  material." 


477  RULES  OF  PLEADING  AND  FORM  OF  INDICTMENT.         §  Ud9 

§  957.     Construction  of  words  used  in  an  indictment  or  in- 
formation.    The  words  used  in  an  indictment  or  informa- 
tion are  construed  in  tlieir  usual  acceptance  in  common  lan- 
guage, except  such  words  and  phrases  as  are  defined  by  law, 
which    are    construed    according    to    their    legal    meaning. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  13.] 
Words  and  phrases  defined  by  law:  See  ante,  §  7. 
Legislation  §  957.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.  Proc,  §282);   based  on   Crira.  Prac^Act,  Stats.   1851,   p.  238, 
§  244,  which  read:   "§  244.     The  words  used  in  an  indictment  shall 
he  construed  in  the  usual  acceptance  in  common  language,  except 
such  words  and  phrases  as  are  defined  by  law,  which  are  to  be  con- 
strued according  to  their  legal  meaning." 

2.  Amended  by  Code  Amdts.  1880,  p.  13,  inserting  "or  informa- 
tion" after  "indictment." 

§  958.  Construction  of  words  used  in  a  statute.  AVords 
used  in  a  statute  to  define  a  public  offense  need  not  be 
strictly  pursued  in  the  indictment  or  information,  but  other 
words  conveying  the  same  meaning  may  be  used.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  13.] 

Legislation  §  958.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  283);  in  the  exact  language  of  Crim.  Prac.  Act,  Stats. 
1851,  p.  238,  §  245. 

2.  Amended  by  Code  Amdts.  1880,  p.  13,  inserting  "or  informa- 
tion" after  "indictment." 

§  959.     Indictment  or  information,  when  sufficient.     The 

indictment  or  information  is  sufficient  if  it  can  be  under- 
stood therefrom : 

1.  That  it  is  entitled  in  a  court  having  authority  to  receive 
it,  though  the  name  of  the  court  be  not  stated. 

2.  If  an  indictment,  that  it  was  found  by  a  grand  jury  of 
the  county  in  which  the  court  was  held,  or  if  an  information, 
that  it  was  subscribed  and  presented  to  the  court  by  the  dis- 
trict attorney  of  the  county  in  which  the  court  was  held. 

3.  That  the  defendant  is  named,  or,  if  his  name  cannot 
be  discovered,  that  he  is  described  by  a  fictitious  name,  with 
a  statement  that  his  true  name  is  to  the  jury  or  district 
attorney,  as  the  case  may  be,  unknown. 

4.  That  the  offense  was  committed  at  some  place  within  the 
jurisdiction  of  the  court,  except  Avhere  the  act,  though  done 
without  the  local  jurisdiction  of  the  county,  is  triable 
therein. 

5.  That  the  offense  was  committed  at  some  time  prior  to 
the  time  of  finding  the  indictment  or  filing  of  the  informa- 
tion. 

6.  That  the  act  or  omission  charged  as  the  offense  is 
clearly  and  distinctly  set  forth  in  ordinary  and  concise  Ian- 


§  9G0  PENAL   CODE.  478 

giiage,  Avithoiit  repetition,  and  in  siifli  ;i  manner  as  to  enable 
a  person  of  coninion  understanding  to  know  ^\•llat  is  in- 
tended. 

7.  Tliat  the  act  or  omission  cliargcd  as  tlie  offense  is  stated 
with  siicli  a  degree  of  certainty  as  to  enal)le  the  court  to  i)ro- 
nounce  judgment  upon  a  conviction,  according  to  the  right 
of  the  case.  [Amendment  approved  1880 ;  Code  Amdts. 
1880,  p.  13.] 

Form  of  indictment  or  information:   See  ante,  §  951. 

Sufiiciency  of  allegation  of  offense:   See  ante,  §§  950,  951.  " 

Certainty:  Sec  ante,  §  952.  / 

Indictment  for  particular  crime:   See  particular  crime. 

Finding  of  indictment:  Auto,  §910.  ' 

Statement  of  acts  constituting  the  offense:  See  ante,  §  950. 

Number  of  counts  in  indictment:    See  ante,  §  954. 

Legislation  §  959.  1.  Enacted  Fchruarv  14,  1872  (N.  Y.  Code 
Crim.  Proc'.,  §  284);  based  on  Crim.  Prac^Act,  Stats.  1851,  p.  238, 
§246,  which  read:  "§246.  The  indictment  shall  be  suflfieient  if  it 
can  be  understood  therefrom:  1st.  That  it  is  entitled  in  a  court 
having  authority  to  receive  it,  though  the  name  of  the  court  be 
not  actually  set  forth.  2d.  That  it  was  found  by  a  grand  jury 
of  the  county  in  which  the  court  was  held.  3d.  That  the  defend- 
ant is  named,  or  if  his  name  cannot  be  discovered,  that  he  be  de- 
scribed by  a  fictitious  name,  with  a  statement  that  he  has  refused 
to  discover  his  real  name.  4th.  That  the  offense  was  committed 
at  some  place  within  the  jurisdiction  of  the  court,  except  where, 
as  provided  by  sections  eighty-five  to  ninety-three,  both  inclusive, 
and  as  in  the  case  of  treason,  the  act,  though  done  without  the  local 
jurisdiction  of  the  county,  is  triable  therein.  5th.  That  the  offense 
was  committed  at  some  time  prior  to  the  time  of  finding  the  indict- 
ment. 6th.  That  the  act  or  omission  charged  as  the  offense  is 
clearly  and  distinctlj^  set  forth  in  ordinary  and  concise  language, 
without  repetition,  and  in  such  a  manner  as  to  enable  a  person  of 
common  imderstanding  to  know  what  is  intended.  7th.  That  the 
act  or  omission  charged  as  the  offense  is  stated  with  such  a  degree 
of  certainty  as  to  enable  the  court  to  pronounce  judgment  upon  a 
conviction  according  to  the  right  of  the  case."  When  enacted  in 
1872,  §  959  differed  from  the  amendment  of  1880  (the  present  sec- 
tion), (1)  the  introductory  paragraph  not  having  the  words  "or  in- 
formation" after  "indictment";  (2)  subd.  2  reading,  "2.  If  an 
indictment,  that  it  was  found  by  a  grand  jury  of  the  county  in 
which  the  court  was  held,  or  if  an  information,  that  it  was  subscribed 
and  presented  to  the  court  by  the  district  attorney  of  the  county 
in  which  the  court  was  held";  (3)  in  subd.  3,  not  having  "or  dis- 
trict attorney,  as  the  case  may  be."  after  "to  the  jury";  (4)  in 
subd.  5,  not  having  "or  filing  of  the  information"  at  end  of  sub- 
division. 

2.  Amended  by  Code  Amdts.  1880,  p.  13. 

§  960.  Indictment,  etc.,  when  not  insufRcie'nt.  No  indict- 
ment or  information  is  insufficient,  nor  can  the  trial,  judg- 
ment, or  other  proceeding  thereon  be  affected  by  reason  of 
any  defect  or  imperfection  in  matter  of  form  Avhich  does 
not  tend  to  the  prejudice  of  a  substantial  right  of  the  de- 


479  RULES  OF  PLEADING  AND  FORM  OF  INDICTMENT.         §  964 

fendant  upon  its  merits.  [Amendment  approved  1880 ;  Code 
Amdts.  1880,  p.  14.] 

Errors  not  affecting  substantial  rights:  See  post,  §§  1258,  1404. 

Legislation  §  960.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §285);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  239, 
§  247,  which  read:  "§  247.  No  indictment  shall  be  deemed  insuffi- 
cient, nor  shall  the  trial,  judgment,  or  other  proceeding  thereon  be 
affected  by  reason  of  any  defect  or  imperfection  in  matters  of  form 
which  shall  not  tend   to  the  prejudice  of  tiie  defendant." 

2.  Amended  by  Code  Amdts.  1880,  p.  14,  inserting  "or  informa- 
tion" after  "indictment." 

§  961.    Presumptions  of  law,   etc.,  need  not  be  stated. 

Neither  presumptions  of  law,  nor  matters  of  "which  judicial 
notice  is  taken,  need  be  stated  in  an  indictment  or  informa- 
tion. [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  14.] 

Legislation  §  961.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  2S6);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  239,  §  248. 

2.  Amended  by  Code  Amdts.  1880,  p.  14,  inserting  "or  informa- 
tion" after  "indictment,"  at  end  of  section. 

§  962.  Judgments,  etc.,  how  pleaded.  In  pleading  a  judg- 
ment or  other  determination  of,  or  proceeding  before,  a 
court  or  officer  of  special  jurisdiction,  it  is  not  necessary  to 
state  the  facts  constituting  jurisdiction;  but  the  judgment  or 
determination  may  be  stated  as  given  or  made,  or  the  pro- 
ceedings had.  The  facts  constituting  jurisdiction,  however, 
must  be  established  on  the  trial. 

Legislation  §  962.     Enacted  February  14,  1872   (N.  Y.  Code  Crim. 

Proc,  ?  287) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  239,  §  249. 

§  963.  Private  statutes,  how  pleaded.  In  pleading  a 
private  statute,  or  a  right  derived  therefrom,  it  is  sufficient 
to  refer  to  the  statute  by  its  title  and  the  day  of  its  pas- 
sage, and  the  court  must  thereupon  take  judicial  notice 
thereof. 

Legislation  §  963.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  2SS);  in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 

p.  239,  §  250. 

§  964.  Pleading  in  indictment  for  libel.  An  indictment 
or  information  for  libel  need  not  set  forth  any  extrinsic 
facts  for  the  purpose  of  showing  the  application  to  the  party 
libeled  of  the  defamatory  matter  on  which  the  indictment 
or  information  is  founded ;  but  it  is  sufficient  to  state  gen- 
erally that  the  same  was  published  concerning  him,  and  the 
fact  that  it  was  so  published  must  be  established  on  the 


§  967  PENAL    CODE.  480 

trial.     [Amciulnicnt    approved    1880;    Code    Aiiidts.    1880, 
p.  14.] 

Legislation  §  96-1.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crini.  Proc.  §  2S9);  in  substniico  the  same  as  Crim.  Prac.  Act,  Stats. 
18o],  p.  2.^!),  §2.51. 

2.  Ainoiidcd  by  Code  .\iiidts.  1880,  p.  14,  iiiscrtiiiir  "oj-  informa- 
tion" after  "indictment'"  in  l)oth  instances. 

§  965.  Pleading-  in  indictment  or  information  for  forgery, 
where  instrument  has  been  destroyed  or  withheld  by  defend- 
ant. When  an  instrument  which  is  the  subject  of  an  indict- 
ment or  information  for  forgery  has  been  destroyed  or  with- 
held by  the  act  or  the  procurement  of  the  defendant,  and  the 
fact  of  such  destruction  or  witliholding  is  alleged  in  the  in- 
dictment, or  information,  and  established  on  the  trial,  the 
misdescription  of  the  instrument  is  immaterial.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  14.] 

Legislation  §  965.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proi'.,  §  290);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  239.  §  2.52. 

2.  Amended  by  Code  Amdts.  1880,  p.  14,  inserting  "or  informa- 
tion" after  "indictment"  in  both  instances. 

§  966.     Pleading  in  an  indictment  or  information  for  per- 
jury or  subornation  of  perjury.     In  an  indictment  or  in- 
formation for  perjury,  or  subornation  of  perjury,  it  is  suffi- 
cient to  set  forth  the  substance  of  the  controversy  or  matter 
in  respect  to  which  the  offense  was  committed,  and  in  what 
court  and  before  whom  the  oath  alleged  to  be  false  was 
taken,  and  that  the  court,  or  the  person  before  whom  it  was 
taken,  had  authority  to  administer  it,  with  proper  allega- 
tions of  the  falsity  of  the  matter  on  which  the  perjury  is 
assigned;  but  the  indictment  or  information  need  not  set 
forth  the  pleadings,  record,  or  proceedings  with  which  the 
oath  is  connected,  nor  the  commission  or  authority  of  the 
court  or  person  before  Avhom  the  perjury  was  committed. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  14.] 
Perjury  and  subornation  of  perjury:  See  ante,  §§  118,  127. 
Legislation  §  966.     1.  Enacted   February    14,   1872    (N.   Y.    Code 
Crim.  Proc,  §  291);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  239,  §  253. 

2.  Amended  by  Code  Amdts.  1880,  p.  14,  inserting  "or  informa- 
tion" after  "indictment"'  in  both  instances. 

§  967.  Pleading  in  indictment  or  information  for  larceny 
or  embezzlement.  In  an  indictment  or  information  for  the 
larceny  or  embezzlement  of  money,  bank  notes,  certificates 
of  stock,  or  valuable  securities,  or  for  a  conspiracy  to  cheat 
or  defraud  a  person  of  any  such  property,  it  is  sufficient  to 


481  RULES  OF  PLEADING  AND  FOKiM    OF  INDICTMENT.  §  969 

allege  the  larceny  or  embezzlement,  or  the  conspiracy  to 
cheat  and  defraud,  to  be  of  money,  bank  notes,  certificates 
of  stock,  or  valuable  securities,  without  specifying  the  coin, 
number,  denomination,  or  kind  thereof.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  15.] 
Pleading:   See  ante,  §§  954,  958. 

Legislation  §  967.  1.  Enacted  February  14,  1872,  and  then  read: 
"967.  In  an  indictment  for  the  larceny  or  embezzlement  of  money, 
bank  notes,  sliares  of  stock,  or  valuable  securities,  it  is  sufficient 
to  allege  the  larceny  or  embezzlement  to  be  of  money,  bank  notes, 
shares  of  stock,  or  valuable  securities,  without  specifying  the  coin, 
number,  denomination,  or  kind  thereof." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  438,  differing  from  the 
amendm.ent  of  1880  (the  present  section),  (1)  not  having  the  words 
"or  information"  after  "In  an  indictment,"  and  (2)  having  "cheat 
and   defraud"  instead   of   "cheat   or  defraud"   in   first   instance. 

3.  Amended  by  Code  Amdts.  1880,  p.  15. 

§  968.  Pleading"  in  an  indictment  or  information  for  sell- 
ing', etc.,  lewd  and  obscene  books.  An  indictment  or  in- 
formation for  exhibiting,  pulilishing,  passing,  selling,  or 
offering  to  sell,  or  having  in  possession,  Avith  such  intent,  any 
lewd  or  obscene  book,  pamphlet,  picture,  print,  card,  paper, 
or  Avriting,  need  not  set  forth  any  portion  of  the  language 
used  or  figures  shown  upon  such  bookj  pamphlet,  picture, 
print,  card,  paper,  or  writing;  but  it  is  sufficient  to  state 
generally  the  fact  of  the  lewdness  or  obscenity  thereof. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  15.] 

Legislation  §  968.     1.  Enacted  February  14,  1872. 

2.  Amended  by  Code  Amdts.  1880,  p.  15,  inserting  "or  informa- 
tion" after  "indictment." 

§  969.  Previous  conviction  of  another  offense.  In  charg- 
ing in  an  indictment  or  information  the  fact  of  a  previous 
conviction  of  felony,  or  of  an  attempt  to  commit  an  offense 
which,  if  perpetrated,  would  have  been  a  felony,  or  of  petit 
larceny,  it  is  sufficient  to  state,  ''That  the  defendant,  before 
the  commission  of  the  offense  charged  in  this  indictment  or 
information,  was  in  (giving  the  title  of  the  court  in  which 
the  conviction  Avas  had)  convicted  of  a  felony  (or  attempt, 
etc.,  or  of  petit  larceny)."  If  more  than  one  previous  con- 
viction is  charged,  the  date  of  the  judgment  upon  each 
conviction  must  be  stated,  but  not  more  than  two  previous 
convictions  nuist  be  charged  in  any  one  indictment  or  in- 
formation. 

Legislation  §  969.  1.  Enacted  February  14,  1872,  the  section  then 
consisting  of  the  first  sentence  of  the  present  section,  but  not  hav- 
ing the  words  "or  information"  after  "indictment"  in  either  in- 
stance. 

Pen.  Code— 31  • 


§  971  PENAL    CODE.  482 

2.  Amended  by  Code  Aindts.  1873-7-i,  p.  438,  adding  a  second 
sentence,  reading,  "If  more  tlian  one  i)revious  conviction  be  charged 
in  tlie  indictment,  tiie  date  of  the  judgment  upon  each  conviction 
shall  be  stated,  and  not  more  than  two  previous  convictions  shall 
be   charged   in   any    one   indictment." 

3.  Repealed  by  Code  Amdts.  1880,  p.  l.j. 

4.  Re-enactment  by  Stats.  1901,  p.  '4S.1;  unconstitutional.  See 
note,  §  o,  ante. 

5.  Re-enacted  by  Stats.  1905,  p.  772;  the  code  commissioner  say- 
ing, "This  is  a  re-enactment  of  the  section  as  it  existed  prior  to  its 
repeal  in  1880.  It  is  believed  tliat  no  good  reason  for  such  repeal 
existed." 

§  970.  Indictment  against  several,  one  or  more  may  be 
acquitted.  Upon  an  indictment  or  information  against  sev- 
eral defendants,  any  one  or  more  may  be  convicted  or 
acquitted.  [Amendment  approved  1880  ;  Code  Amdts.  1880, 
p.  15.] 

Legislation  §  970.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §202);  in  exact  language  of  Crim.  Prac.  Act,  Stats. 
1851,  p.  240,  §  254. 

2.  Amended  by  Code  Amdts.  1880,  p.  15,  inserting  "or  informa- 
'   tion"  after  "Upon  an  indictment." 

§  971.  Distinction  between  accessory  before  the  fact  and 
principal  abrogated.  The  distinction  between  an  accessory 
before  the  fact  and  a  principal,  and  between  principals  in 
the  first  and  second  degree,  in  cases  of  felony,  is  abrogated ; 
and  all  persons  concerned  in  the  commission  of  a  felony, 
whether  they  directly  commit  the  act  constituting  the  of- 
fense, or  aid  and  abet  in  its  commission,  though  not  present, 
shall  hereafter  be  prosecuted,  tried,  and  punished  as  prin- 
cipals, .and  no  other  facts  need  be  alleged  in  any  indictment 
or  information  against  such  an  accessory  than  are  required 
in  an  indictment  or  information  against  his  principal. 
[Amendment  approved  1880 ;  Code  Amdts.  1880,  p.  15.] 

Legislation  §  971.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  240.  §  255,  which  read:  "§255.  No  dis- 
tinction shall  exist  between  an  accessory  before  the  fact  and  a  prin- 
cipal, or  between  principals  in  the  first  and  second  degree,  in  cases 
of  felony,  and  all  persons  concerned  in  the  commission  of  a  felony, 
whether  they  directly  commit  the  act  constituting  the  offense,  or 
aid  and  abet  in  its  commission,  though  not  present,  shall  hereafter 
be  indicted,  tried,  and  punished  as  principals."  When  enacted  in 
1872,  §  971  read:  "971.  The  distinction  between  an  accessory  before 
the  fact  and  a  principal,  and  between  principals  in  the  first  and 
second  degree,  in  cases  of  felony,  is  abrogated,  and  all  persons  con- 
cerned in  the  commission  of  a  felony,  whether  they  directly  commit 
the  act  constituting  the  offense,  or  aid  and  abet  in  its  commission, 
though  not  present,  shall  hereafter  be  indicted,  tried,  and  punished 
as  principals." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  438,  the  final  words  of 
the  section  then  reading,  "shall  hereafter  be  indicted,  tried,  and 
punished  as  principals,  p.jd  no  additional  facts  need  be  alleged  in 


483  ACCESSORY,    INDICTMENT   AND    TRIAL   OF.  §  972 

any  indictment  against  such  an  accessor}-  than  are  required  in   an 
inclictment  against  his  principal." 

3.  Amended  by  Code  Amdts.  1880,  p.  15. 

§  972.  Accessory  may  be  indicted  and  tried  though  prin- 
cipal has  not  been.  An  accessory  to  the  commission  of  a 
felony  may  be  prosecuted,  tried,  and  punished,  though  the 
principal  may  be  neither  prosecuted  nor  tried,  and  though 
the  principal  may  have  been  acquitted.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  15.] 

Legislation  §  972.  1.  Enacted  February  14,  1872;  based  on  Grim. 
Prac.  Act,  Stats.  1851,  p.  240,  §  256,  which  read:  "§256.  An  acces- 
sory after  the  fact  to  a  commission  of  a  felony,  may  be  indicted 
and  punished,  though  the  principal  felon  may  be  neither  tried  nor 
indicted."  When  enacted  in  1872,  §  972  read:  "972.  An  accessory 
to  the  commission  of  a  felony  may  be  indicted,  tried,  and  punished, 
though  the  principal  may  be  neither  indicted  nor  tried." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  439,  adding  at  end  of 
section,  "and  though  the  principal  may  have  been  acquitted." 

3.  Amended  by  Code  Amdts.  1880,  p.  15,  substituting  "prosecuted" 
for  "indicted"  in  both  instances. 


S  976  I'ENAL    CODE.  4S4 


TITLE  VI. 

Pleadings  and  Proceedings  After  Indictment  and  Before  the 
Commencement  of  the  Trial. 

Chapter  T.     Arraignment  of  the  Defendant.     §§  976-990. 
ir.     Setting    Aside    the    Indictment.     §§  995-999. 
Til.     Demurrer.     §§1002-1012. 
IV.     Plea.     §§  1010-1025. 
V.     Transmission    of    Certain    Indictments    from    the    County 
Court  to  the  District  Court  or  Municipal  Criminal  Court 
of    San    Francisco.     §§  1028-1030. 
VI.     Removal  of  the  Action  Before  Trial.     §§1033-1038. 
VII.     The  Mode  of  Trial.     §§1041-1043. 
VIII.     Formation  of  the   Trial  Jury  and  the   Calendar   of  Issues 
for  Trial.     §§  1046-1049. 
IX.     Postponement  of  the  Trial.     §§  1052,  1053. 


CHAPTER  I. 

Arraignment   of  the   Defendant. 

§  976.  Defendant  must  be  arraigned  in  the  court  where  indictment 
or  information  was  found. 

§  977.     Defendant  when  to  be  present  at  arraignment. 

§  978.     If  in  custody,  to  be  brought  before  court. 

§  979.     If  discharged  on  bail,  bench-warrant  to  issue. 

§  980.     Bench-warrant,  by  whom  and  how  issued. 

§  981.     Form    of   bench-warrant. 

§  982.     Directions  in  the  bench-warrant  if  the  offense  is  bailable. 

§  983.     Bench-warrant,  how  served. 

§  984.     Proceeding  on  giving  bail  in  another  county. 

§  985.  Ordering  defendant  into  custody  or  increasing  bail  when  in- 
dictment  is  for  felony. 

§  986.  Defendant,  if  present  when  order  made,  to  be  committed;  if 
not,  bench-warrant  to  issue. 

§  987.  Defendant,  on  arraignment,  to  be  informed  of  his  right  to 
counsel.     When  court  to  assign  counsel. 

§  988.     Arraignment  of  defendant. 

§  989.  Proceedings  on  arraignment  when  defendant  is  not  indicted 
by  his  true  name. 

§  990.     Time  allowed  and  how  defendant  may  answer  on  arraignment. 

§  976.  Defendant  must  be  arraigned  in  the  court  where 
indictment  or  information  was  found.  When  the  indictment 
or  information  is  filed,  the  defendant  must  be  arraigned 
thereon  before  the  court  in  which  it  is  filed,  unless  the  cause 
is  transferred  to  some  other  county  for  trial.  [Amendment 
approved  1880;  Code  Amdts.  1880,  p.  15.] 
Forfeiture  of  bail:   See  post,  §§  1305  et  seq. 

Legislation  §  976.  1.  Enacted  February  14.  1872  (N.  Y.  Code 
Crim.  Proc.  §296);  based  on  Crim.  Prac.'Act,  Stats.  1851,  p.  240, 
§  258,  which  read:  "§  258.  When  the  indictment  is  filed  the  defend- 
ant   shall    be    arraigned    thereon,    before    the    court   in    which   it   is 


485  ARRAIGNMENT  OF  DEFENDANT.  §  981 

found,  except  in  the  cases  mentioned  i.^  sections  two  hundred  and 
seventj^-uine  and  two  hundred  and  eighty."  When  enacted  in  1872, 
§  976  read:  "976.  When  the  indictment  is  filed,  the  defendant  must 
be  arraigned  thereon  before  the  court  in  which  it  is  found,  if  triable 
therein;  if  not,  before  the  court  to  which  it  is  transmitted." 
2.  Amended  by  Code  Amdts.  1880,  j..  15. 

§  977.     Defendant  when  to  be  present  at  arraignment.     If 

the  indictment  or  information  be  for  a  felony,  the  defend- 
ant must  be  personally  present ;  but  if  for  a  misdemeanor, 
he  may  appear  upon  the  arraignment  by  counsel.      [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  16.] 
Rights  of  defendant:  See  Const.  1879,  art.  i,  §  13. 
Legislation  §  977.     1.  Enacted    February    14,   1872    (N.    Y.    Code 
Crim.  Proc,  §  297);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  240,  §  259. 

2.  Amended  by  Code  Amdts.  1880,  p.  16,  (1)  changing  "If  the  in- 
dictment is  for  a  felony-"  to  "If  the  indictment  or  information  be 
for  a  felony." 

§  978.  If  in  custody,  to  be  brought  before  Court.  When 
his  personal  appearance  is  necessary,  if  he  is  in  custody,  the 
court  may  direct  and  the  officer  in  whose  custody  he  is  must 
bring  him  before  it  to  be  arraigned. 

Legislation  §  978.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §298);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  240,  §  260, 
which  read:  "§  260.  When  his  personal  appearance  is  necessary,  if 
he  be  in  custody'  the  court  may  direct  the  officer  in  whose  custody 
he  is  to  bring  him  before  it  to  be  arraigned,  and  the  officer  shall 
do  so  accordingly." 

§  979.     If  discharged  on  bail,  bench-warrant  to  issue.     If 

the  defendant  has  been  discharged  on  bail,  or  has  deposited 
money  instead  thereof,  and  do  not  appear  to  be  arraigned 
when  his  personal  attendance  is  necessary,  the  court,  in  ad- 
dition to  the  forfeiture  of  the  undertaking  of  bail  or  of  the 
money  deposited,  may  direct  the  clerk  to  issue  a  bench- 
warrant  for  his  arrest. 

Legislation  §  979.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  299);  in  substance  the  same  as  dim.  Prac  Act,  Stats.  1851, 

p.  240,  §  261. 

§  980.     Bench-warrant,  by  whom  and  how  issued.     The 

clerk,  on  the  application  of  the  district  attorney,  may,  at 
any  time  after  the  order,  whether  the  court  is  sitting  or  not, 
issue  a  bench-warrant  to  one  or  more  counties. 
Issuance  of  bench-warrant:   See  post,  §  1196. 

Legislation  §  980.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §3U0);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  240,  §  262. 

§  981.  Form  of  bench-warrant.  The  bench-warrant  upon 
the  indictment  or  information  must,  if  the  offense  is  a  felony, 


§  982  I'EXAL  CODE.  48G 

be  substantially  in  the  following  form  :  County  of .     The 

]*eoi)lc  of  the  State  of  California  to  any  Sheriff,  Constable, 
Mai'sbal,  or  Polieeman  in  this  Slate:  An  indictment  having 

been  found  (or  infoi-niation  fibMl)  on  the  day  of  , 

A.  D.  eighteen  [nineteen] ,  in  the  superior  court  of  the 

county  of ,  charging  C.  D.  with  the  crime  of (desig- 
nating it  generally)  ;  you  are,  therefore,  commanded  forth- 
with to  arrest  the  above-named  C.  D.,  and  bring  liim  before 
that  court  (or  if  the  indictment  and  information  has  been 
sent  to  another  court,  then  before  that  court,  naming  it),  to 
answer  said  indictment  (or  information),  or  if  the  court  be 
not  in  session,  that  you  deliver  him  into  the  custody  of  the 

sheriff  of  the  county  of . 

Given  under  my  hand,  with  the  seal  of  said  court  affixed, 

this day  of A.  D. . 

By  order  of  said  court. 

[Seal]  E.  F.,  Clerk. 

[Amendment  approved  1880;  Code  Amdts.  1880,  p.  16.] 
Fonn  of  bench-warrant:  See  post,  §§  982,  1197. 
Legislation  §  981.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Prop. ,§  30]);  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  241, 
§263,  which  read  the  same  as  §  981  when  enacted  in  1872,  except 
that  it  (1)  had  the  words  "in  the  court  of  sessions,  in  the  county," 
instead  of  "in  the  county  court  of  the  county,"  but  (2)  did  not  eon- 
tain  the  words  "(or  if  the  indictment  has  been  sent  to  another 
court,  then  before  that  court,  naming  it)."  When  enacted  in  1872, 
the  first  part  of  §  981  read:  "981.  The  bench-warrant  upon  the 
indictment  must,  if  the  offense  is  a  felony,  be  substantially  in  the 
following  form:  County  of .  The  People  of  the  State  of  Cali- 
fornia   to    any    Sheriff,    Constable,    Marshal,    or   Policeman    in    this 

State:  An  indictment  having  been  found  on  the  day  of  , 

A.   D.   eighteen ,   in   the   county  court   of   the   county   of  , 

charging  C.  D.  with  the  crime  of  (designating  it  generally); 

you  are  therefore  commanded  forthwith  to  arrest  the  above-named 
C.  D.,  and  bring  him  before  that  court  (or  if  the  indictment  has 
been  sent  to  another  court,  then  before  that  court,  naming  it),  to 
answer  said  indictment;  or  if  the  court  have  adjourned  for  the 
term,  that  you   deliver  him   into   the   custody   of   the  sheriff  of  the 

county  of  ,"  the  remainder  of  the  section  reading  as  at  present. 

2.  Amended  by  Code  Amdts.  1880,  p.  16 

§  982.  Directions  in  the  bench-warrant  if  the  offense  is 
bailable.  The  defendant,  when  arrested  under  a  warrant 
for  an  offense  not  bailable,  must  be  held  in  custody  by  the 
sheriff  of  the  county  in  which  the  indictment  is  found  or  in- 
formation filed,  unless  admitted  to  bail  after  an  examination 
upon  a  writ  of  habeas  corpus ;  but  if  the  offense  is  bailable, 
there  must  be  added  to  the  body  of  the  bench-warrant  a 
direction  to  the  following  effect:  "Or,  if  he  requires  it,  that 
you  take  him  before  any  magistrate  in  that  county,  or  in  the 


487  ARRAIGNMENT  OF  DEFENDANT.  §  985 

county  ill  which  you  arrest  him,  that  he  may  give  bail  to 
answer  to  the  indictment  (or  information)  ";  and  the  court, 
upon  directing  it  to  issue,  must  fix  the  amount  of  bail,  and 
an  indorsement  must  be  made  thereon  and  signed  by  the 
clerk,  to  the  following  effect:  ''The  defendant  is  to  be  ad- 
mitted to  bail  in  the  sum  of  dollars."     [Amendment 

approved  1880;  Code  Amdts.  1880,  p.  16.] 

Form  of  bench-warrant:  See  ante,  §  981;  post,  §  1197. 
Legislation  §  982.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  302,  303);  based,  on  Crira.  Prac.  Act,  Stats.  1851, 
p.  241,  §§264,  265,  266,  which  read:  "§264.  The  defendant,  if 
the  offense  be  punishable  with  death,  when  arrested  under  the  war- 
rant, shall  be  held  in  custody  by  the  sheriff  of  the  county  in  which 
the  indictment  is  found,  unless  admitted  to  bail,  upon  an  exam- 
ination upon  a  writ  of  habeas  corpus.  §  265.  If  the  offense  be 
not  capital,  the  bench-warrant  shall  be  in  a  similar  form,  adding 
to  the  body  thereof  a  direction  to  the  following  effect,  'Or  if  he 
require  it,  that  you  take  him  before  any  magistrate  in  that  county, 
or  in  the  county  in  which  you  arrested  him,  that  he  may  give  bail 
to  answer  to  the  indictment.'  §  266.  If  the  offense  charged  be 
not  capital,  the  court  upon  directing  the  bench-warrant  to  issue  shall 
fix  the  amount  of  bail,  and  an  indorsement  shall  be  made  upon  the 
bench-warrant    signed   by   the   clerk,   to   the   following   effect:    'The 

defendant  is  to  be  admitted  to  bail  in  the  sum  of  • •  dollars.'  " 

2.  Amended  by  Code  Amdts.  1880,  p.  16,  adding  (1)  "or  informa- 
tion filed"  after  "indictment  is  found,"  and  (2)  "(or  information)" 
after  "answer  to  the  indictment." 

§  983.     Bench-warrant,  how  served.     The  bench-warrant 
may  be  served  in  any  county,  in  the  same  manner  as  a  war- 
rant of  arrest,  except  that  when  served  in  another  county  it 
need  not  be  indorsed  by  the  magistrate  of  that  county. 
How  served:   Compare  post,  §  1198". 

Legislation  §  983,  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §304);  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  241,  §  267. 

§  984.     Proceeding-  on  giving  bail  in  another  county.     If 

the  defendant  is  brought  before  a  magistrate  of  another 
county  for  the  purpose  of  giving  bail,  the  magistrate  must 
proceed  in  respect  thereto  in  the  same  manner  as  if  the  de- 
fendant had  been  brought  before  him  upon  a  warrant  of 
arrest,  and  the  same  proceedings  must  be  had  thereon. 

Arrest:    See   ante,  §§  834-851. 

Proceedings  on  giving  bail  out  of  county:  See  ante,  §  823. 

Legislation  §  984.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §305);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  241,  §  268. 

§  985.  Ordering  defendant  into  custody  or  increasing  bail 
when  indictment  is  for  felony.  When  the  information  or  in- 
dictment is  for  a  felony,  and  the  defendant,  before  the  filing 


§  988  I'ENAL   CODE.  488 

thereof,  has  given  bail  for  liis  a])])('aran('e  to  answer  tlio 
charge,  the  court  to  Avhich  the  indictment  or  iiifoi'iuation  is 
presented,  or  in  which  it  is  pending,  may  order  tlie  defend- 
ant to  be  committed  to  actual  custody,  unless  he  gives 
bail  in  an  increased  amount,  to  be  specified  in  the  order. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  16.] 
Increase  of  Ijail:   See  post,  §  1289. 

Legislation  §  985.  1.  Enacted  February  ]4,  1872  (X.  Y.  Code 
Grim.  Proc,  §  oOCi);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  241,  §269.  When  enacted  in  1872,  §  985  read:  "985.  When 
the  indictmcMit  is  for  a  felony,  ar)ii  the  defendant,  before  the  finding 
thereof,  has  given  bail  for  his  appearance  to  answer  the  charge,  the 
court  to  which  the  indictment  is  presented  may  order  the  defendant 
to  be  committed  to  actual  custodj',  unless  he  gives  V)ail  in  an  in- 
creased  amount,  to  be   specified   in   the   order." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  439,  inserting  "or  in 
which  it  is  pending"  after  "indictment  is  presented." 

3.  Amended  by  Code  Amdts.  1880,  p.  ](>. 

§  986.  Defendant,  if  present  when  order  made,  to  be 
committed;  if  not,  bench-warrant  to  issue.  If  the  defendant 
is  present  when  the  order  is  made,  he  must  be  forthwith  com- 
mitted. If  he  is  not  present,  a  bench-warrant  must  be  is- 
sued and  proceeded  upon  in  the  manner  provided  in  this 
chapter. 

Comjnitment  on  increase  of  bail:  See  post,  §  1289. 
Legislation  §  986.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §307);  based  on  Crim.  Prac.  Act.  Stats.  1851,  p.  241,  §270, 
which  read:  "§  270.  If  such  order  be  made  and  the  defendant  be 
present,  he  shall  be  forthwith  committed  accordingly.  If  he  be 
not  present,  a  bench-warrant  shall  be  isfened  and  proceeded  upon 
in  the  manner  provided  for  in  this  chapter."' 

§  987.  Defendant,  on  arraignment,  to  be  informed  of  his 
right  to  counsel.  When  court  to  assign  counsel.  If  the  de- 
fendant appears  for  arraignment  without  counsel,  he  must 
be  informed  by  the  court  that  it  is  his  right  to  have  counsel 
before  being  arraigned,  and  must  be  asked  if  he  desires  the 
aid  of  counsel.  If  he  desires  and  is  unable  to  employ  coun- 
sel, the  court  must  assign  counsel  to  defend  him. 

Eight  to  have  counsel:  U.  S.  Const.,  art.  vi,  amdts.;  Const.  1879, 
art.  i,  §  13. 

Legislation  §  987.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §-308) ;  the  first  sentence  in  substance  the  same  as  Crim. 
Prac.  Act,  Stats.  1851,  p.  242,  §  271. 

§  988.  Arraignment  of  defendant.  The  arraignment  must 
be  made  by  the  court,  or  by  the  clerk  or  district  attorney 
under  its  direction,  and  consists  in  reading  the  indictment 
or  information  to  the  defendant  and  delivering  to  him  a  true 
copy  thereof,  and  of  the  indorsements  thereon,  including  the 


489  ARRAIGNMENT  OF  DEFENDANT.  §  989 

list  of  witnesses,  and  asking  him  whether  he  pleads  guilty  or 
not  guilty  to  the  indictment  or  information.  [Amendment 
approved  1911;  Stats.  1911,*  p.  435.] 

Arraignment  and  examination:  See  ante,  §§  858,  859,  976;  post, 
§  990. 

Legislation  §  988.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  309) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  242,  §  272.  When  enacted  in  1872,  §  988  read:  "988.  The 
arraignment  must  be  made  by  the  court,  or  by  the  clerk  or  district 
attorney,  under  its  direction,  and  consists  in  reading  the  indictment 
to  the  defendant  and  delivering  to  him  a  copy  thereof  and  of  the 
indorsements  thereon,  including  the  list  of  witnesses,  and  asking 
him  whether  he  pleads  guilty  or  not  guilty  to  the  indictment." 

2.  Amended  by  Code  Amdts.  1880,  p.  16,  differing  from  the  amend- 
ment of  1909  (see  post),  (1)  not  having  the  word  "true"  before 
"copy  thereof,"  and   (2)   not  containing  the  proviso. 

3.  Amended  by  Stats.  1909,  p.  1127,  to  read:  "988.  The  arraign- 
ment must  be  made  by  the  court,  or  by  the  clerk  or  district  attorney 
under  its  direction,  and  consists  in  reading  the  indictment  or  in- 
formation to  the  defendant  and  delivering  to  him  a  true  copy 
thereof,  and  of  the  indorsements  thereon,  including  the  list  of 
witnesses,  and  asking  him  whether  he  pleads  guilty  or  not  guilty 
to  the  indictment  or  information,  provided,  that  if  an  indictment 
has  been  found  against  the  defendant,  at  the  time  of  his  arraign- 
ment, he  shall  be  served  with  a  true  copy  of  the  testimony  given  in 
his   case  before  the  grand  jury." 

4.  Amended  by  Stats.  1911,  p.  435. 

§  989.  Proceedings  on  arraignment  when  defendant  is  not 
indicted  by  his  true  name.  AVhen  the  defendant  is  ar- 
raigned, he  must  be  informed  that  if  the  name  by  which  he 
is  prosecuted  is  not  his  true  name,  he  must  then  declare  his 
true  name,  or  be  proceeded  against  by  the  name  in  the  in- 
dictment or  information.  If  he  gives  no  other  name,  the 
court  may  proceed  accordingly;  but  if  he  alleges  that  an- 
other name  is  his  true  name,  the  court  must  direct  an  entry 
thereof  in  the  minutes  of  the  arraignment,  and  the  subse- 
quent proceedings  on  the  information  or  indictment  may  be 
had  against  him  by  that  name,  referring  also  to  the  name 
by  which  he  was  first  charged  therein.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  17.] 

Charging  defendant  by  erroneous  name,  proceedings  in  case  of: 

See  ante,  §  953. 

Arraignment,  proceedings  on:    See   ante,  §  988. 

Legislation.!  989.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc.  §  310);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  242,  §§273,  274,  275.  When  enacted  in  1872,  §  989  read: 
"989.  When  the  defendant  is  arraigned,  he  must  be  informed  that 
if  the  name  by  which  he  is  indicted  is  not  his  true  name,  he  must 
then  declare  his  true  name,  or  be  proceeded  against  by  the  name 
in  the  indictment.  If  he  gives  no  other  name  the  court  may  pro- 
ceed accordingly;  but  if  he  alleges  that  another  name  is  his  true 
name,  the  court  must  direct  an  entrj^  thereof  in  the  minutes  of  the 


§  995  PENAL   CODE.  490 

arraiyiiMUMit,  jiiid  tlic  sulisiMinoiit  [irocecdings  on  the  iiulietnicnt  may 
bo  had  against  him  by  that  name,  referring  also  to  the  name  by 
wliieli  he  is  indicted." 

2.   Amended  by  Code  Amdts.  1880,  p.  17. 

§  990.  Time  allowed  and  how  defendant  may  answer  on 
arraignment.  If,  on  the  arraignment,  the  defendant  re- 
quires it,  lie  must  be  allowed  a  reasonable  time,  not  less  than 
one  day,  to  answer  the  indictment  or  information.  He  may, 
in  answer  to  the  ari-aignmont,  move  to  set  aside,  demur,  or 
plead  to  the  indictment  or  information.  [Amendment  ap- 
proved 18S0;  Code  Amdts.  1880,  p.  17.] 

Legislation  §  990.  1.  Enacted  February  J4,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  311,  312);  based  on  Grim.  Prac.  Act,  Stats.  1851, 
p.  242,  §§  27(i,  277,  which  read:  "§276.  If  on  the  arraignment  the 
defendant  require  it,  he  shall  be  allowed  until  the  next  day,  or  such 
further  time  may  be  allowed  him  as  the  court  maj^  deem  reasonable, 
to  answer  the  indictment.  §  277.  If  the  defendant  do  not  require 
time  as  provided  in  the  last  section,  or  if  he  do,  then  on  the  next 
day,  or  at  such  future  day  as  the  court  may  have  allowed  him,  he 
may  answer  to  the  arraignment;  either  move  the  court  to  set  aside 
the  indictment,  or  may  demur  or  plead  thereto." 

2.  Amended  by  Code  Amdts.  1880,  p.  17,  inserting  "or  informa- 
tion" in  both  instances. 

CHAPTER  H. 

Setting    Aside    the    Indictment. 

§  995.  When  indictment  must  be  set  aside.  When  information. 
§  996.  Defendant  waives  objections  unless  he  makes  the  motion. 
§  997.     Motion  when  heard.     If  denied  or  granted,  what  proceedings 

are  to  be  had. 
§  998.     Effect  of  order  for  submission. 
§  999.     Order  no  bar  to  another  prosecution. 

§  995.  When  indictment  must  be  set  aside.  When  infor- 
mation. The  indictment  or  information  must  be  set  aside 
by  the  court  in  which  the  defendant  is  arraigned,  upon  his 
motion,  in  either  of  the  following  cases : 

If  it  be  an  indictment : 

1.  Where  it  is  not  found,  indorsed,  and  presented  as  pre- 
scribed in  this  code. 

2.  When  it  appears  by  the  testimony  of  the  foreman  or 
secretary  of  the  grand  jury  that  the  names  of  the  witnesses 
examined  before  the  grand  jury,  or  whose  depositions  may 
have  been  read  before  them,  are  not  inserted -at  the  foot  of 
the  indictment,  or  indorsed  thereon. 

3.  When  a  person  is  permitted  to  be  present  during  the 
session  of  the  grand  .jury,  and  when  the  charge  embraced  in 
the  indictment  is  inider  consideration,  except  as  provided  in 
section  925. 

If  it  be  on  information : 


491  SETTING    ASIDE    THE    INDICTMENT.  §  997 

1.  That  before  the  filing  thereof  the  defendant  had  not 
been  legally  committed  by  a  magistrate. 

2.  That  it  was  not  subscribed  by  the  district  attorney  of 
the  county,  or  city  and  county.  [Amendment  approved 
1911;  Stats.  1911,  p.  435.] 

Names  of  witnesses  to  be  indorsed  on  indictment:  See  ante,  §  943. 

Who  may  be  present  at  sessions  of  grand  jury:   See  ante,  §  925. 

Legislation  §  995.  1,  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §313);  the  portion  that  relates  to  indictments  is  in 
substance  the  same  as  Crim.  Prac.  Act,  Stats.   1851,  p.  242,  §  278. 

2.  Amended  by  Code  Amdts.  1880,  p.  43,  to  read:  "§995.  The 
indictment  or  information  must  be  set  aside  by  the  court  in  which 
the  defendant  is  arraigned,  upon  his  motion,  in  either  of  the  follow- 
ing cases.  If  it  be  an  indictment:  1.  Where  it  is  not  found,  in- 
dorsed, and  presented  as  prescribed  in  this  code;  2.  When  the  names 
of  the  witnesses  examined  before  the  grand  jury,  or  whose  deposi- 
tions may  have  been  read  before  tl^em,  are  not  inserted  at  the 
foot  of  the  indictment,  or  indorsed  thereon;  3.  WTien  a  person  is 
permitted  to  be  present  during  the  session  of  the  grand  jury,  and 
when  the  charge  embraced  in  the  indictment  is  under  consideratioii, 
except  as  provided  in  section  nine  hundred  and  twenty-five;  4.  When 
the  defendant  had  not  been  held  to  answer  before  the  finding  of 
the  indictment,  on  any  ground  which  would  have  been  good  ground 
for  challenge,  either  to  the  panel  or  to  any  individual  grand  juror. 
If  it  be  on  [an]  information:  1.  That  before  the  filing  thereof  the 
defendant  had  not  been  legally  committed  by  a  magistrate;  2.  That 
it  was  not  subscribed  bv  the  district  attorney  of  the  county." 

3,  Amended  by  Stacs."  1911,  p.  435. 

§  996.  Defendant  waives  objections  unless  he  makes  the 
motion.  If  the  motion  to  set  aside  the  indictment  or  infor- 
mation is  not  made,  the  defendant  is  precluded  from  after- 
wards taking  the  objections  mentioned  in  the  last  section. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  17.] 

Waiver  of  objection  by  failure  to  move  or  demur:  See  post, 
§§  1012,  1185. 

Legislation  §  996.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  314);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  243,  §  280. 

2.  Amended  by  Code  Amdts.  1880,  p.  17,  inserting  "or  informa- 
tion" after  "indictment." 

§  997.  Motion  when  heard.  If  denied  or  granted,  what 
proceedings  are  to  be  had.  The  motion  must  be  heard  at  the 
time  it  is  made,  unless  for  cause  the  court  postpones  the  hear- 
ing to  another  time.  If  the  motion  is  denied,  the  defendant 
must  immediately  answer  the  indictment  or  information, 
either  by  demurring  or  pleading  thereto.  If  the  motion  is 
granted,  the  court  must  order  that  the  defendant,  if  in  cus- 
tody, be  discharged  therefrom;  or,  if  admitted  to  bail,  that 
his  bail  be  exonerated ;  or,  if  he  has  deposited  money  instead 
of  bail,  that  the  same  be  refunded  to  him,  unless  it  directs 


§  999  I'ENAJ.    CODE.  492 

that  tile  case  be  resiibmillcd  to  llie  same  oi'  another  •irantl 
jury,  or  that  an  iiii'onnatioii  he  liled  by  the  district  attorney; 
provided,  that  after  such  order  of  resubmission  tlie  defend- 
ant may  be  examined  before  a  magistrate,  and  discharged  or 
committed  by  him,  as  in  other  cases,  if  before  indictment  or 
information  filed  he  has  not  been  examined  and  committed 
by  a  magistrate.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  17.] 

Kesubniission  of  charge  where  charge  dismissed:  See  ante,  §  942. 

Jeopardy:    See   ante,  §  C87. 

Legislation  §  997.  1,  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  315,  316,  317);  in  substance  the  same  as  Grim.  Prac. 
Act,  Stats.   1851,  p.  243,  §§  281,  282,  283. 

2.  Amended  by  Code  Amdts.  1880,  p.  17,  (1)  in  first  sentence,  add- 
ing "or  information"  after  "indictment";  (2)  in  second  sentence, 
after  "another  grand  jurj\"  adding  the  phrase  "or  that  an  informa- 
tion be  filed  by  the  district  attorney,"  and  the  proviso  ending  the 
section. 

§  998.  Effect  of  order  for  submission.  If  the  court  directs 
the  case  to  be  resubmitted  or  an  information  to  be  filed, 
the  defendant,  if  already  in  custody,  must  so  remain,  unless 
he  is  admitted  to  bail;  or,  if  already  admitted  to  bail,  or 
money  has  been  deposited  instead  thereof,  the  bail  or  money 
is  answerable  for  the  appearance  of  the  defendant  to  answer 
a  new  indictment  or  information ;  and,  unless  a  new  indict- 
ment is  found  or  information  filed  before  the  next  grand 
jury  of  the  county  is  discharged,  the  court  must,  on  the  dis- 
charge of  such  grand  jury,  make  the  order  prescribed  by  the 
preceding  section.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  17.] 

Legislation  §  998.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  318,  319);  based  on  Crim.  Prac.  Act,  Stats.  1851, 
p.  243,  §§  284,  285,  which  read:  "§  284.  If  the  court  direct  that  the 
case  be  resubmitted,  the  defendant,  if  already  in  custody,  shall  so 
remain,  unless  he  be  admitted  to  bail,  or  if  already  admitted  to  bail, 
or  money  have  been  deposited  instead  thereof,  the  bail  or  money 
shall  .be  answeiable  for  the  appearance  of  the  defendant  to  answer 
a  new  indictment.  §  285.  Unless  a  new  indictment  be  found  be- 
fore the  next  grand  jury  of  the  county  is  discharged,  the  court  shall, 
on  the  discharge  of  such  grand  jury,  make  the  order  prescribed  in 
section  two  hundred  and  eighty-three." 

2.  Amended  by  Code  Amdts.  1880,  p.  17,  adding  (1)  "or  an  in- 
formation to  be  filed"  after  "resubmitted,"  (2)  "or  information" 
after  "new  indictment,"  and  (3)  "or  information  filed"  after  "in- 
dictment is  found." 

§  999.  Order  no  bar  to  another  prosecution.  An  order  U 
set  aside  an  indictment  or  information,  as  provided  in  this 
chapter,  is   no   bar   to   a    future   j)rosecution   for   tlie   same 


493  DEMURRER  TO  INDICTMENT  OR   INFORMATION.         §  1004 

offense.      [Amendment   approved    1880:   Code   Amdts.    1880, 
p.  18.] 

Jeopardy:  See  ante,  §  687. 

Legislation  §  999.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crini.  Proc,  §  320);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  243,  §  286. 

2.  Amended  by  Code  Amdts.  1880,  p.  18,  inserting  "or  informa- 
tion" after  "indictment." 

CHAPTER  III. 

Demurrer. 

§  1002.  Pleading  on  part  of  defendant.  ^ 

§  1003.  Demurrer  or  plea,  when  put  in. 

§  1004.  Demurrer,   grounds   for. 

§  1005.  Demurrer,  how  put  in  and  its  form. 

§  1006.  When  heard. 

§  1007.  Judgment  on  demurrer. 

§  1008.  Amendment  of  indictment.     Wlien   demurrer  is  sustained. 

§  1009.  If  resubmission  not  ordered,  defendant  discharged,  etc. 

§  1010.  Proceedings,  if  submission  ordered. 

§  1011.  Proceedings,  if  demurrer  is  disallowed. 

§  1012.  When  objections,  forming  ground  of  demurrer,  must  or  may 
be  taken. 

§  1002.  Pleading  on  part  of  defendant.  The  only  plead- 
ing on  the  part  of  the  defendant  is  either  a  demurrer  or  a 
plea. 

Legislation  §  1002.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  321);  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  243,  §  287. 

§  1003.     Demurrer  or  plea,  when  put  in.     Both  tlie  demur- 
rer and  plea  must  be  put  in,  in  open  court,  eitlier  at  the  time 
of  the  arraignment  or  at  such  other  time  as  may  be  allowed 
to  the  defendant  for  that  purpose. 
Time  to  plead:  Ante,  §  990. 

Time  to  put  in  plea  where  demurrer  overruled:   See  post,  §  1011. 
Legislation  §  1003.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  322);    in    substance    the    same    as    Crim.    Prac.    Act,    Stats. 
1851,  p.  243,  §  288. 

§  1004.  Demurrer,  grounds  for.  The  defendant  may  de- 
mur to  the  indictment  or  information,  when  it  appears  upon 
the  face  thereof  either : 

1.  If  an  indictment,  that  the  grand  jury  by  which  it  was 
found  had  no  legal  authority  to  inquire  into  the  offense 
charged,  by  reason  of  its  not  being  within  the  legal  jur- 
isdiction of  the  county ;  or,  if  an  information,  that  the 
court  has  no  jurisdiction  of  the  offense  charged  therein; 

2.  That  it  does  not  substantially  conform  to  the  require- 
ments of  sections  nine  hundred  and  fifty,  nine  hundred  and 
fifty-one,  and  nine  hundred  and  fifty-two ; 


§  1006  I'EXAL   CODE.  494 

;}.  That  iiioi'o  than  one  otl'ense  is  cliar;,'od,  except  as  pro- 
vitlud  in  section  nine  hnndred  and  fifty-l'our ; 

4.  That  the  facts  stated  do  not  constitute  a  public  offense ; 

5.  That  it  contains  matter  which,  if  true,  would  constitute 
a  legal  justification  or  excuse  of  the  offense  char<^ed,  or  other 
lei^al  bar  to  the  pi-osecution.  [  Aniendnient  approved  1905; 
Stats.  1905,  p.  772.] 

Subd.  2.     Specific  requirements,   etc.:   See   ante,  §§  950,  951,  952, 
954,  959. 
Waiver  of  objection  by  not  moving  or  demurring:  See  ante,  §  996; 

post,  §§  1012,  11S5. 

Legislation  §  1004.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Ciini.  Proc,  §  '^~?^) ;  in  substance  the  same  as  Crim.  Prac.  Act.  Stats. 
1851,  p.  243,  §  289.  When  enacted  in  1872,  §  1004  read:  "1004.  The 
defendant  may  demur  to  the  indictment  when  it  appears  upon  the 
face  thereof,  either:  1.  That  the  grand  jury  by  which  it  was  found 
had  no  legal  authority  to  inquire  into  the  offense  charged,  by  reason 
of  its  not  being  within  the  legal  jurisdiction  of  the  county;  2.  That 
it  does  not  substantially  conform  to  the  requirement  of  sections 
950,  951.  and  952;  3.  That  more  than  one  offense  is  charged  in  the 
indictment;  4.  That  the  facts  stated  do  not  constitute  a  public  of- 
fense; 5.  That  the  indictment  contains  any  matter  which,  if  true, 
would  constitute  a  legal  justification  or  excuse  of  the  offense  charged, 
or  other  legal  bar  to  the  prosecution." 

2.  Amended  by  Code  Amdts.  1880,  p.  18,  and  then  read  the  same 
as  the  present  section,  except  for  the  changes  made  in  1905,  q.  v., 
infra. 

3.  Amendment  by  Stats.  1901,  p.  485;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  772,  (1)  in  subd.  2,  changing  "re- 
quirement" to  "requirements";  (2)  in  subd.  3,  adding  "except  as 
provided,  in  section  nine  hundred  and  fifty-four";  (3)  in  subd.  5, 
omitting  "any"  before  "matter";  the  code  commissioner  saying  of 
the  addition  of  the  exception  to  subd.  3,  "The  object  of  the  amend- 
ment is  to  make  this  section  conform  to  the  change  in  §  954,  supra." 

§  1005.  Demurrer,  how  put  in  and  its  form.  The  demur- 
rer must  I  e  in  writing,  signed  either  by  the  defendant  or  his 
counsel,  and  filed.  It  must  distinctly  specify  the  grounds 
of  objection  to  the  indictment  or  information,  or  it  must 
be  disregarded.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  18.] 

Legislation  §  1005.     1.  Enacted    February    14,    1872    (N.   Y.    Code 

Crim.  Proc,  §  324);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 

1851,  p.  243,  §  290. 

2.  Amended  by  Code  Amdts.  1880,  p.  IS,  in  second  sentence,   (1) 

adding    "or    information"    after    "indictment,"    and    (2)    changing 

"shall"  to  "must." 

§  1006.  When  heard.  Upon  the  demurrer  being  filed,  the 
argument  upon  the  objections  presented  thereby  must  be 
heard,  either  immediately  or  at  such  time  as  the  court  may 
appoint. 


495  DEMURRER  TO  INDICTMENT  OR  INFORMATION.         §  1008 

Legislation  §  1006.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  325);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.  243,  §  291. 

§  1007.  Judg-ment  on  demurrer.  Upon  considering  the 
demurrer,  the  court  mnst  give  judgment,  either  allowing  or 
disallowing  it,  and  an  order  to  that  effect  must  be  entered 
upon  the  minutes. 

Legislation  §  1007.     Enacted  February  14,  1872  (N.  Y.  Code  Grim. 

Proc,  §  326);  in  substance  tlie  same  as  Grim.  Prac.  Act,  Stats.  1851 

p.  244,  §  292. 

§  1008.  Amendment  of  indictment.  When  demurrer  is 
sustained.  An  indictment  or  information  may  be  amended 
by  the  district  attorney  without  leave  of  court,  at  any  time 
before  the  defendant  pleads.  Such  amendment  may  be  made 
at  any  time  thereafter,  in  the  discretion  of  the  court,  where 
it  can  he  done  without  prejudice  to  the  substantial  rights 
of  the  defendant.  An  indictment  cannot  be  amended  so 
as  to  change  the  offense  charged,  nor  an  information 
so  as  to  charge  an  offense  not  shown  by  the  evidence  taken 
at  the  preliminary  examination.  If  a  demurrer  is  sustained 
and  an  amendment  is  not  allowed,  or  if  allowed,  is  not  made, 
within  such  reasonable  time  as  the  court  may  fix,  the  court 
shall  give  a  judgment  of  dismissal,  w^hich  shall  be  a  bar  to 
another  prosecution  for  the  same  offense.  The  defendant 
shall  thereupon  be  discharged,  unless  the  court  directs  the 
case  to  be  submitted  to  the  same  or  another  grand  jury,  or 
directs  a  new  information  to  be  filed;  provided  that  after 
such  order  or  resubmission,  the  defendant  may  be  examined 
before  a  magistrate,  and  discharged  or  committed  by  him, 
as  in  other  cases.  [Amendment  approved  1911;  Stats.  1911, 
p.  436.] 

Legislation  §  1008.  1.  Enacted  February  14.  1872  (N.  Y.  Gode 
Grim.  Proc,  §  327);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
1851,  p.  244,  §293.  When  enacted  in  1872,  §  1008  read:  "1008.  If 
the  demurrer  is  allowed,  the  judgment  is  final  upon  the  indictment 
demurred  to,  and  is  a  bar  to  another  prosecution  for  the  same 
offense,  unless  the  court,  being  of  the  opinion  that  the  objection 
on  which  the  demurrer  is  allowed  may  be  avoided  in  a  new  indict- 
ment, directs  the  case  to  be  resubmitted  to  the  same  or  another 
grand  jury." 

2.  Amended  by  Gode  Amdts.  1880,  p.  18,  and  then  read:  "If  the 
demurrer  is  allowed,  the  judgment  is  final  upon  the  indictment  or 
information  demurred  to,  and  is  a  bar  to  another  prosecution  for 
the  same  offense,  unless  the  court,  being  of  the  opinion  that  the 
objection  on  which  the  demurrer  is  allowed  may  be  avoided  in  a 
new  indictment  or  information,  directs  the  case  to  be  submitted  to 
another  grand  jury,  or  directs  a  new  information  to  be  filed;  pro- 
vided, that  after  such  order  of  resubmission,  the  defendant  may 
be  examined  before  a  magistrate,  and  discharged  or  committed  by 
him,  as  in  other  cases." 


J?  1U12  PENAL    CODE.  496 

3.   .\iiu'ii(liiu>tit  by  Stats.  1901,  p.  IStJ;  iiin'oiistitutional.     See  uote, 
§  5,  ante. 

■1.   Aiiu"ii(lc<l    by    Stats.   1905,    p.   77:^,    (1)    changing  "submitted   to 
another  grand   jury"   to   "submitted   lo   the  same  or  another  grand 
•!J(ik-y,"  aud   (2)   in  the  proviso,  changing  "order  of  resubinissiou"  to 
.,'*oi;^r   or   resubmission"    (undoubtedly   a   typographical   error);   the 
rcoJfe,  commissioner   saying,   "The   purpose   of   the   amendment   is   to 
iUmibrize,  where  a  demurrer  to  an  indictment  is  sustained,  the  re- 
submission of  the  charge  to  the  grand  jury  which  found  the  original 
.iU('di*t>jiiLent,  if  it  has  not  been  discharged.     This  amendment  changes 
,the!riHiU,  announced  in  Terrill  v.  Sujjerior  Court,  60  Pac.  Kep.  51(3." 
5.  Amended  by  Stats.  1911,  p.  VM. 

E§li^urilf    resubmission    not    ordered,    defendant    dis- 
chaigedjiietc.     If  the  court  does  not  permit  the  information 
to'fbe^  aauended,  nor  direct  that  an  information  he  tiled,  or 
thiit.itiieifcase  be  resubmitted,  as  provided  in  the  preceding 
secfeidi«;  the  defendant,  if  in  custody,  must  be  discharged,  or 
iffiidjpittfcd  to  bail,  his  bail  is  exonerated,  or  if  he  has  depos- 
.it/ed  bttiiiey  instead    of    bail,  the  money  must    be  refunded 
toidiinij"    LAmendment  approved  ]S80;  Code  Amdts.  1880, 
pjilSf.i}j 
b'.'iiegislation  §  1009.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
(^'fim.    Proc,  §  328)  ;    in    substance    the    same    as    Crim.    Prac.    Act, 
I$tats.  1S51,  p.  244,  §  294.     When  enacted  in  1872,  §  1009  read:  "1009. 
"If  the  court  does  not  direct  the  case  to  be  resubmitted,  the  defend- 
•int,  if  in   custody,  must  be  discharged,  or  if  admitted  to  bail,  his 
bail  is  exonerated,  or  if  he  has  deposited  money  instead  of  bail,  the 
money  must  be  refunded  to  him." 

2.  Amended  by  Code  Amdts.  1880,  p.  18. 

§  1010.     Proceedings,  if  submission  ordered.     If  the  court 

directs  that  the  case  be  resubmitted,  the  same  proceedings 
must  be  had  thereon  as  are  prescribed  in  sections  nine  hun- 
dred and  ninety-seven  and  nine  hundred  and  ninety-eight. 
Legislation  §  1010.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proe.,  §  329);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  244,  §  295. 

§  1011.     Proceedings,  if  demurrer  is  disallowed.     If  the 

demurrer  is  disallowed,  the  court  must  permit  the  defend- 
ant, at  his  election,  to  plead,  which  he  must  do  forthwith, 
or  at  such  time  as  the  court  may  direct.  If  he  does  not  plead 
judgment  may  be  pronounced  against  him. 

No  one  to  be  convicted  but  upon  verdict  or  judgment:  See  ante, 
§  689. 

Eefusal  to  put  in  plea,   proceedings:  See  post,  §  1024. 
Time  to  put  in  plea,  generally:  See  ante,  §  1003. 
Legislation  §  1011.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  330);  in  substancfe  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  244,  §  296. 

§1012.    When  objections,  forming  ground  of  demurrer, 
must  or  may  be  taken.     When  the  objections  mentioned  in 


497  PLEAS  TO  INDICTMENT  OR  INFORMATION.  §  1017 

section  one  thousand  and  four  appear  on  the  face  of  the 
indictment  or  inforiiuition,  they  can  only  be  taken  by  de- 
murrer, except  that  the  objection  to  the  jurisdiction  of  the 
court  over  the  subject  of  the  indictment  or  information, 
or  that  the  facts  stated  do  not  constitute  a  public  offense, 
may  be  taken  at  the  trial,  nnder  the  plea  of  not  guilty,  or 
after  the  trial,  in  arrest  of  judgment.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  19.] 

Waiver  of  defects  by  failure  to  move  or  demur:  See  ante,  §  996; 

post,  §  US'). 

Legislation  §  1012.     1.  Enacted    February    14,    1872    (N.    Y.    Code 

Crim.   Proc,  §  331);    in    substance   the     same    as    Crim.    Prac.    Act, 

Stats.  1851,  p.  244,  §  297. 

2.  Amended  by  Code  Amdts.  1880,  p.  19,  (1)  changing  "upon"  to 

"on"   before   "the   face,"   and    (2)    inserting   "or  information"   after 

"indictment''  in  both  instances. 

CHAPTER  IV. 
Plea. 

§  1016,     The  different  kinds  of  pleas. 

§  1017.     Pleas,  how  put  in,  and  form. 

S  1018.     Plea  of  guilty,  how  put  in,  and  when  it  may  be  withdrawn. 

§  1019.     What  plea  of  not  guilty  puts  in  issue. 

§  1020.     What  may  be  given  in  evidence  under  plea  of  not  guilty. 

§  1021.     What  is  not  a  former  acquittal. 

§  1022.     What  is   a  former  acquittal. 

§  1023.     Conviction    or   acquittal    on   an   indictment   for   a   higher   of- 
fense, effect  of. 

§  1024.     Defendant   refusing   to   answer,  plea  of  not  guilty  to  be   en-  , 
tered, 

§  1025.     Previous  conviction. 

§  1016.  The  different  kinds  of  pleas.  There  are  four 
kinds  of  pleas  to  an  indictment  or  information.     A  plea  of: 

1.  Guilty. 

2.  Not  guilty. 

3.  A  former  judgment  of  conviction  or  acquittal  of  the 
offense  charged,  which  may  be  pleaded  either  with  or  with- 
out the  plea  of  not  gnilty. 

4.  Once  in  jeopardv.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  44.] 

I,egislation  §  1016.  1.  Enacted  February  14,  1872  (X.  Y.  Code 
Crim.  Proc,  §332);  in  exact  language  of  Crim.  Prac.  Act,  Stats. 
1851,  p.  244,  §  298. 

2.  Amended  by  Code  Amdts.  1880,  p.  44,  (1)  in  introductory  para- 
graph, (a)  changing  "three  kinds"  to  "four  kinds,"  and  (b)  adding 
•"or  information"  after  "indictment";    (2)   adding  subd.  4. 

§  1017.  Pleas,  how  put  in,  and  form.  Every  plea  must  be 
oral,  and  entered  upon  the  minutes  of  the  court  in  substan- 
tially the  following  form  : 

Pen.  Code — 32 


§  10]  n  PENAL    CODE.  498 

1.  II"  tile  (Jcrt'iKlaiit  plead  j^uilty:  "The  defendant  jdrads 
that  he  is  uuilly  ol'  the  otl'cn.se  ehar^'ed.'' 

2.  li"  lie  plead  not  guilty:  "The  defendant  pleads  that  he 
is  not  pfiiilty  of  the  offense  eharfied." 

.'5.  If  he  plead  a  former  conviction  or  aeciuittal :  "The  de- 
fendant pleads  that  he  has  already  been  convicted  (or 
accpiitted)   of  the  offense  charged  by  the  judgment  of  the 

court  of  (naming  it),  rendered  at  (iiaiiiing  the 

I^lace),  on  the day  of ." 

4.  If  he  plead  once  in  jeopardy:  "The  defendant  pleads 
that  he  has  been  once  in  jeopardy  for  the  offense  charged, 
(specifying  the  time,  place,  and  court)."  [Amendment  ap- 
proved ISSO;  Code  Amdts.  1880,  p.  44.] 

Pleas  generally:   Ante,  §  1016. 

Plea  of  guilty.  This  plea  can  only  be  put  in  by  the  defendant 
himself  in  open  court,  unless  upon  indictment  against  a  corpora- 
tion, in  which  case  it  may  be  put  in  by  counsel:  Post,  §  1018. 

Insanity:    Ante,  §  26,  subd.   3. 

Evidence  under  plea  of  not  guilty:  Post,  §  1020. 

Legislation  §  1017.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  333,  334);  in  substance  the  same  as  Crim.  Prac.  Act, 
Stats.  1851,  p.  244,  §§  299,  300. 

2.  Amended  by  Code  Amdts.  1880,  p.  44,  (1)  in  subds.  1  and  2, 
omitting  "in  this  indictment"  from  end  of  subdivisions;  (2)  in  subd. 

3.  omitting  "in  this  indictment"  after  "offense  charged";   (3)  adding 
subd.  4. 

§  1018.  Plea  of  guilty,  how  put  in,  and  when  it  may  be 
withdrawn.  A  plea  of  guilty  can  be  put  in  by  the  defend- 
ant himself  only  in  open  court,  unless  upon  indictment  or 
information  against  a  corporation,  in  which  case  it  may  be 
put  in  by  counsel.  The  court  may  at  any  time  before  judg- 
ment, upon  a  plea  of  guilty,  permit  it  to  be  withdrawn  and 
a  plea  of  not  guilty  substituted.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  19.] 

Plea  by  corporation:   See  post,  §  1396. 

Legislation  §  1018.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  335) ;  based  ou  Crim.  Prac.  Act,  Stats.  1851,  p.  245, 
§§301,  302,  which  read:  "§301.  A  plea  of  guilty  can  in  no  place 
be  put  in,  except  by  the  defendant  himself  in  open  court,  unless 
upon  indictment  against  a  corporation,  in  which  case  it  may  be  put 
by  counsel.  §  302.  The  court  may  at  any  time  before  judgment, 
upon  a  plea  of  guilty,  permit  it  to  be  withdrawn,  and  a  plea  of  not 
guilty  substituted." 

2.  Amended  by  Code  Amdts.  1880,  p.  19,  inserting  "or  informa- 
tion" after  "indictment." 

§  1019.  What  plea  of  not  guilty  puts  in  issue.  The  plea 
of  not  guilty  puts  in  issue  every  material  allegation  of  the 
indictment  or  information.  [Amendment  approved  1880; 
Code  Amdts.  1880,  p.  19.] 


409  PLEAS  TO   INDICTMENT   OR  INFORMATION.  §  1022 

Legislation  §  1019.  1.  Enacted  Februiuy  14,  1872  (N.  Y.  Code 
('rim.  Proc,  S  338) ;  based  on  Crim.  Praf.  Act,  Stats.  1851,  p.  245, 
§  303,  wliicli  read:  "§  303.  The  plea  of  not  guilty  shall  be  deemed 
a  denial  of  every  material  allegation  in  the  indictment."' 

2.  Amended  by  Code  Amdts.  1880,  p.  10,  adding  "or  information" 
after  "indictment." 

§  1020.  What  may  be  given  in  evidence  under  plea  of  not 
guilty.  All  matters  of.  fact  tending  to  establish  a  defense, 
other  than  one  specified  in  the  third  and  fourth  subdivisions 
of  section  ten  hundred  and  sixteen,  may  be  given  in  evidence 
under  the  plea  of  not  guilty.  [Amendment  approved  1905 ; 
Stats.  1905,  p.  773.1 

Legislation  §  1020.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  339);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  245,  §  304.  When  enacted  in  1872,  §  1020  read:  "1020.  All 
matters  of  fact  tending  to  establish  a  defense  other  than  that  speci- 
fied in  the  third  subdivision  of  section  1016  may  be  given  in  evi- 
dence under  the  plea  of  not  guilty." 

2.  Amended  by  Code  Amdts.  1880,  p.  44,  changing  "third  subdi- 
vision" to  "third  and  fourth  subdivisions." 

3.  Amendment  by  Stats.  1901,  p.  486;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  773,  substituting  "one"  for  "that" 
before  "specified." 

§  1021.  What  is  not  a  former  acquittal.  If  the  defend- 
axit  was  formerly  acquitted  on  the  ground  of  variance  be- 
tween the  indictment  or  information  and  the  proof,  or  the 
incictment  or  information  was  dismissed  upon  an  objection 
to  its  form  of  substance,  or  in  order  to  hold  the  defendant 
for  a  higher  offense,  without  a  judgment  of  acquittal,  it  is 
not  an  acquittal  of  the  same  offense.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  19.] 

Detention  of  defendant  acquitted  on  ground  of  variance:  See 
post,  §  1165. 

Legislation  §  1021.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc.  §340);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  245, 
§  305,  which  read:  "§  305.  If  the  defendant  were  formerly  acquitted 
on  the  ground  of  a  variance  between  the  indictment  and  the  proof, 
or  upon  an  objection  to  the  form  or  substance  of  the  indictment,  it 
shall  not  be  deemed  an  acquittal  of  the  same  offense." 

2.  Amended  by  Code  Amdts.  1880,  p.  19,  inserting  "or  informa- 
tion" after  "indictment"  in  both  instances. 

§  1022.  What  is  a  former  acquittal.  Whenever  the  de- 
fendant is  acquitted  on  the  merits,  he  is  acquitted  of  the 
same  offense,  notwithstanding  any  defect  in  form  or  sub- 
stance in  the  indictment  or  information  on  which  the  trial 
was  had.  [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  19.] 

Legislation  §  1022.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §341);   based  on   Crim.  Prac.   Act,  StDts.   1851,  p.  245, 


;$  1025  I'ENAL    CODliJ.  500 

S  306,  wliii-h  iL'ail:  '•§  ;!U(i.  \Vh<'ii,  liowevcr,  ho  sliall  liave  been  ac- 
qiiittt'il  on  the  ineiits,  he  sluill  be  ileonicd  ac(juitteil  ol  the  Kaiiie 
otl'euse,  iiotwithstaiuliiig  any  defect  in  form  ur  substance  in  the 
indict inent»on  wliich  lie  was  acquitted." 

2.  Amended  by  Code  Anidts.  1880,  p.  10,  insortinfr  "nr  informa- 
tion" after  "indictment." 

§  1023.  Conviction  or  acquittal  on  an  indictment  for  a 
higher  offense,  effect  of.  When  llie  (lerciulant  is  t-onvicted 
or  acquitted,  or  has  been  once  placed  in  jeopardy  upon  an 
iudictmeut  or  information,  the  conviction,  acquittal,  or  jeop- 
ardy is  a  bar  to  another  indictment  or  information  for  the 
offense  charged  in  the  former,  or  for  an  attempt  to  commit 
tlie  same,  or  for  an  offense  necessarily  included  therein,  of 
which  he  might  have  been  convicted  under  that  indictment 
or  information.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  45.] 

Plea  of   former   conviction  or    acquittal,   proceeding:    See    ante 

§§  1016,  subd.  3,  1017.  ' 

Legislation  §  1023.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §9);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats, 
1851,  p.  245,  §  307.  When  enacted  in  1S72,  §  1023  read:  "1023. 
When  the  defendant  is  convicted  or  acquitted  upon  an  indictment, 
the  conviction  or  acquittal  is  a  bar  to  another  indictment  for  the 
offense  charged  in  the  former,  or  for  an  attempt  to  commit  the  same, 
or  for  an  offense  necessarily  included  therein,  of  which  he  might 
have  been  convicted  under  that  indictment." 
2.  Amended  by  fcode  Amdts.  1880,  p.  45. 

§  1024.  Defendant  refusing  to  answer,  plea  of  not  guilty 
to  be  entered.  If  the  defendant  refuses  to  answer  the  in- 
dictment or  information  by  demurrer  or  plea,  a  plea  of  not 
guilty  must  be  entered.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  19.] 

Legislation  §  1024.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  342);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  245,  §  308. 

2.  Amended  by  Code  Amdts.  1880,  p.  19,  inserting  "or  informa- 
tion" after  "indictment." 

§  1025.  Previous  conviction.  When  a  defendant  who  is 
charged  in  the  indictment  or  information  with  having 
suffered  a  previous  conviction,  pleads  either  guilty  or  not 
guilty  of  the  offense  for  which  he  is  indicted  or  informed 
against,  he  must  be  asked  whether  he  has  suffered  such 
previous  conviction.  If  he  answers  that  he  has,  his  answer 
must  be  entered  by  the  clerk  in  the  minutes  of  the  court,  and 
must,  unless  withdrawn  by  consent  of  the  court,  be  conclu- 
sive of  the  fact  of  his  having  suffered  such  previous  convic- 
tion in  all  subsequent  proceedings.  If  he  answers  that  he 
has  not,  his  answer  must  be  entered  by  the  clerk  in  the  min- 


501  TRANSMISSION  OF  INDICTMENTS.  §  1029 

utes  of  the  court,  and  the  question  whether  or  not  he  has 
suffered  such  previous  conviction  must  be  tried  by  the  jury 
which  tries  the  issue  upon  the  plea  of  not  guilty,  or  in  case 
of  a  plea  of  guilty,  by  a  jury  impaneled  for  that  purpose. 
The  refusal  of  the  defendant  to  answer  is  equivalent  to  a 
denial  that  he  has  suffered  such  previous  conviction.  In  case 
the  defendant  pleads  not  guilty,  and  answers  that  he  has 
suffered  the  previous  conviction,  the  charge  of  the  previous 
conviction  must  not  be  read  to  the  jury,  nor  alluded  to  on 
the  trial. 

Prior  conviction  not  to  he  read  to  jury:  See  post,  §  1093. 
Legislation  §  1025.  1.  Added  by  Code  Amdts.  1873-74,  p.  439,  and 
differed  from  the  section  as  re-enacted  in  1905,  (1)  in  first  sentence, 
not  liaviug  (a)  "or  information"  after  "indictment,"  nor  (b)  "or  in- 
formed against"  after  "indicted";  (2)  liaving  "shall"  instead  of 
"must"  in  all  instances;  (3)  having  "If  he  answer"  instead  of  "If 
he  answers." 

2.  Eepealed  by  Code  Amdts.  1880,  p.  19. 

3.  Re  enactment  by  Stats.  1901,  p.  486;  unconstitutional.  See 
note,  §  5,  ante. 

4.  Re-enacted  by  Stats.  1905,  p.  773;  the  code  commissioner  say- 
ing, "This  is  a  re-enactment  of  the  section  as  it  existed  prior  to  its 
repeal  in  -1880.  By  such  repeal  no  provision  was  left  for  any  plea 
to  a  charge  of  former  conviction,  and  it  is  believed  this  should  be 
provided  for  in  the  code." 

CHAPTER  V. 

Transmission  of  Certain  Indictments  from  the  County  Court  to  the 
District  Court  or  Municipal  Criminal  Court  of  San  Francisco. 

§  1028.     Transmission    of   indictments   from    the     county     to     district 

courts.     [Repealed.] 
§  1029.     Indictments  against  a  judge  of  the  superior  court,  certificate 

of  facts  to  be  transmitted  to  governor. 
§  1030.     Indictments   transmitted   to   the   municipal   criminal   court   of 

San  Francisco.      [Repealed.] 

§  1028.     Transmission  of  indictments  from  the  county  to 
district  courts.      [Repeahxl  1880;  Code  Amdts.  1880,  p.  fi.j 
Legislation  §  1028.     1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  §  309,  as  amended  by  Stats.  1863,  p.  160,  §  11. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  440. 

3.  Repealed  by  Code  Amdts.  1880,  p.  6. 

§  1029.  Indictments  against  a  judge  of  the  superior  court,' 
certificate  of  facts  to  be  transmitted  to  governor.  When  an 
indictment  is  found  or  an  information  filed  in  a  superior 
court  against  a  judge  thereof,  a  certificate  of  that  fact  must 
be  transmitted  by  the  clerk  to  the  governor,  who  shall  there- 
upon designate  and  direct  a  judge  of  the  superior  court  (tf 
another  county  to  preside  at  the  trial  of  such  indictment  or 
information,  and  hear  and  dctcruiinc  all  pleas  and  motions 


§  1033  I'ENAL    CODE.  502 

affecting'  the  (ielViidiiiil  tlici'i'iiiKlci-  Ix'Toi-e  and  after  judg- 
ment. [AiiiciKliiiciit  approved  1880;  Code  Anidts.  1880, 
p.  6.] 

Legislation  §  1029,  1.  Enactetl  February  H,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  18.11,  p.  245,  §  310,  M'hich  road:  "§  310.  All  indict- 
ments found  against  a  member  of  the  court  of  sessions,  or  against 
any  justice  of  the  peace,  shall  also  be  transmitted  to  the  district 
court  sitting  in  the  county  for  trial."  When  enacted  in  1872,  §  1029 
read:  "1029.  All  indictments  found  against  a  county  judge  must 
also  be  transmitted  to  the  district  court  of  the  county  for  trial." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  440,  substituting  "a  dis- 
trict court"  for  "the  district  court." 

3.  Amended  by  Code  Amdts.  1880,  p.  6. 

§  1030.  Indictments  transmitted  to  the  municipal  crim- 
inal court  of  San  Francisco.  | Repealed  1880;  Code  Anidts. 
1880,  p.  6.] 

Legislation  §  1030.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1869-70,  p.  529.  §  12. 

2.  Repealed  by  Code  Amdts.  1880,  p.  6. 

CHAPTER  VI. 

Removal  of  the  Action  Before  Trial. 

§  1033.  When  action   may  be  removed. 

§  1034.  Application  for  removal,  how  made. 

§  1035.  Application,  when  granted. 

§  1036.  Order  of  removal. 

§  1037.  Proceedings  on  removal,  if  defendant  is  in  custody. 

§  1038.  Authority    of    court     to     which     action    is     removed.     When 
original  papers  must  be  transmitted. 

§  1033.  When  action  may  be  removed.  A  criminal  action 
may  be  removed  from  the  court  in  which  it  is  pending  on 
application  of  the  defendant,  on  the  ground  that  a  fair  and 
impartial  trial  cannot  be  had  in  the  county.  [Amendment 
approved  1905;  Stats.  1905,  p.  695.] 

Change  of  venue  in  criminal  cases.  §  397  of  the  Code  of  Civil 
Procedure,  providing  for  the  change  of  the  place  of  trial  in  civil 
actions,  has  no  application  to  criminal  cases.  The  only  provisions 
of  law  providing  for  a  removal  of  such  cases  from  one  county  to 
another  for  trial  are  found  in  the  Penal  Code,  §§  1033-1038. 

Change  of  venue  in  justices'  or  police  courts:  See  post,  §§  1431, 
1432. 

Legislation  §  1033.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §344);  in  exact  language  of  Crim.  Prac.  Act,  Stats. 
1851,  p.  245,  §312.  When  enacted  in  1872,  §  1033  read:  "1033.  A 
criminal  action,  prosecuted  by  indictment,  may  be  removed  from 
the  court  in  which  it  is  pending  on  the  application  of  the  defend- 
ant, on  the  ground  that  a  fair  and  impartial  trial  cannot  be  had  in 
.■   the  county  wliere  the  indictment  is  pendiT.g." 

2.  Amended  by  Code  Amdts.  1880,  p.  19,  (1)  omitting  "prosecuted 
by  indictment"  after  "A  criminal  action,"  and  (2)  changing  "indict- 
ment" to  "action"  before  "is  pending,"  at  end  of  section. 


503  REMOVAL  OF  ACTION  BEFORE  TRIAL,     .  §  1034 

3.  Amended  by  Stats.  1887,  p.  61,  to  read:  "1033.  A  criminal 
action  may  be  removed  from  the  court  in  which  it  is  pending:  First — 
On  the  application  of  the  defendant,  on  the  ground  that  a  fair  and 
impartial  trial  cannot  be  had  in  the  county  where  the  action  is 
pending.  Second — On  the  application  of  the  district  attorney,  on 
the  ground  that  from  any  cause  no  jury  can  be  obtained  for  the  trial 
of  the  defendant  in  the  county  where  the  action  is  pending." 

4.  Amendment  by  Stats.  1901,  p.  486;  unconstitutional.  See  note, 
§  5,  ante.  * 

5.  Amended  by  Stats.  1905,  p.  695;  the  code  commissioner  saying 
of  the  omissions,  "The  provisions  relative  to  a  change  of  the  place 
of  trial  in  a  criminal  action  on  application  of  the  district  attorney 
having  been  held  unconstitutional  in  People  v.  Powell,  87  Cal.  348." 

§  1034.  Application  for  removal,  how  made.  The  appli- 
cation for  removal  must  l)e  made  in  open  court,  and  in  writ- 
ing-, verified  by  the  affidavit  of*  the  defendant,  a  copy  of 
which  application  must  be  served  upon  the  district  attorney 
at  least  one  day  prior  to  the  hearing  of  the  application.  At 
the  hearing  the  district  attorney  may  serve  and  file  such 
counter-affidavits  as  he  may  deem  advisable.  Whenever  the 
affidavit  of  the  defendant  shows  that  he  cannot  safely  appear 
in  person  to  make  such  application  because  popular  preju- 
dice is  so  great  as  to  endanger  his  personal  safety,  and  such 
statement  is  sustained  by  other  testimony,  such  application 
may  be  made  by  his  attorney,  and  must  be  heard  and  deter- 
mined in  the  absence  of  the  defendant,  notwithstanding  the 
charge  then  pending  against  him  be  a  felony,  and  he  has  not 
at  the  time  of  such  application  been  arrested  or  given  bail, 
or  been  arraigned,  or  pleaded  or  demurred  to  the  indictment 
or  information.  [Amendment  approved  1905 ;  Stats.  1905, 
p.  695.] 

Legislation  §  1034.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc,  §  346);  based  on  Grim.  Prac.  Act,  §  313,  as  amended  by 
Stats.  1857,  p.  71,  §  1,  which  read:  "§  313.  The  application  must  be 
made  in  open  court  and  in  writing,  verified  by  the  affidavit  of  the 
defendant,  and  a  copy  of  said  affidavit  must  be  served  on  the  dis- 
trict attorney,  at  least  one  day  before  the  application  is  made  to 
the  court.  And  whenever  said  affidavit  shall  show  that,  the  defend- 
ant cannot  safely  appear  in  person  to  make  his  application,  because 
the  popular  excitement  against  him  is  so  great  as  to  endanger  his 
personal  safety,  and  when  said  allegation  in  said  affidavit  is  sus- 
tained by  other  and  further  testimony,  in  the  judgment  of  the  court, 
said  applicat'ion  may  be  made  by  counsel,  and  shall  be  heard  and 
determined  in  the  alasence  of  the  defendant,  though  he  be  indicted 
for  felony,  and  may  not,  at  the  time  of  such  application,  have  been 
arrested,  or  have  given  bail,  or  been  arraigned,  or  plead,  or  demurred 
to  the  indictment.  But  nothing  ^in  this  act  shall  be  held  or  con- 
strued to  lessen  the  duty  and  obligation  of  all  courts,  officers  and 
other  persons,  to  pursue  and  arrest  any  person  indicted  for  crime." 
When  enacted  in  1872,  §  1034  read:  "1034.  The  application  must  be 
made  in  open  court,  and  in  writing,  verified  by  the  affidavit  of  the 
defendant,  a  copy  of  wliioh  must  be  served  on  the  district  attorney 


§  1036         .  I'ENAL  cuDi:.  504 

at  least  one  day  before  the  api)lieation  is  made.  Whenever  the  affi- 
davit shows  that  the  defendant  cannot  safely  appear  in  person  to 
make  the  application,  because  the  popular  excitement  against  him 
is  so  great  as  to  endanger  iiis  personal  safety,  and  such  statement  is 
sustained  by  other  testimony,  the  ap])lication  nia^'  be  made  by  coun- 
sel, and  heard  and  determined  in  the  absence  of  the  defendant, 
tiiough  he  is  indicted  for  felony,  and  has  not  at  tlie  time  of  such 
ajtpHcation  -been  arrested,  or  given  bail,  or  been  arraigned,  or 
pleaded  or  demurred  to  the  indictment." 

2.  Amended  by  Stats.  1887,  p.  (31,  and  then  had  only  two  sen- 
tences, the  first  of  wiiich  read,  "10:54.  The  application  must  be 
made  in  open  court  and  in  writing,  verified  by  tiie  affidavit  of  the 
defendant  or  of  the  district  attorney,  as  the  case  may  be,  a  copy  of 
which  apjilication  must  be  served  upon  the  attorney  of  the  adverse 
party  at  least  one  day  prior  to  the  hearing  of  the  application,"  the 
second  sentence  reading  same  as  the  final  paragraph  of  the  present 
section,  except  that  it  had  tlie  word  "shall"  instead  of  "must"  before 
"be  heard  and  determined." 

3.  Amendment  by  Stats.  1901,  p.  487;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  69.j;  the  code  commissioner  saying, 
"The  design  of  the  amendment  is  to  conform  this  section  to  the 
amendment  of  the  last  section." 

§  1035.  Application,  when  granted.  If  the  court  be  satis- 
fied that  the  representations  of  the  applicant  are  true,  an 
order  must  be  made  transferring  the  action  to  the  proper 
court  of  some  convenient  county  free  from  a  like  objection. 
[Amendment  approved  1887;  Stats.  1887,  p.  62.] 

Legislation  §  1035.  1,  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  §  314,  as  amended  by  Stats.  1863,  p.  160,  §  14,  which  read: 
"§  314.  If  the  court  be  satisfied  that  the  representation  of  the  de- 
fendant is  true,  an  order  shall  be  made  for  the  removal  of  the  action 
to  the  county  court  of  a  county  which  is  free  from  a  like  objection; 
or  if  the  indictment  has  been  transmitted  to  the  district  court  of 
the  county  from  the  county  court,  then  the  order  of  removal  shall 
be  made  to  the  district  court  of  a  county  which  is  free  from  a  like 
objection."  When  enacted  in  1872,  §  1035  read:  "1035.  If  the  court 
is  satisfied  that  the  rejiresentation  of  the  defendant  is  true,  an  order 
must  be  made  for  the  removal  of  the  action  to  the  proper  court  of 
a  count}'  free  from  a  like  objection." 
2,  Amended  by  Stats.  1887,  p.  62. 

§  1036.  Order  of  removal.  The  order  of  removal  must 
be  entered  upon  the  ininutes,  and  the  clerk  must  immedi- 
ately make  out  and  transmit  to  the  court  to  which  the  action 
is  removed  a  certified  copy  of  the  order  of  removal  record, 
pleadings,  and  proceedings  in  the  action,  including  the 
undertakings  for  the  appearance  of  the  defendant  and  of 
the  witnesses. 

Legislation  §  1036.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  246,  §  315,  which  read:  "§  315.  The  order 
of  removal  shall  be  entered  on  the  minutes,  and  the  clerk  shall  im- 
mediately make  out  and  transmit  a  certified  copy  of  the  entry  with 
a   certified    cop}-    of   the   re.'ord,   pleadings,   and   proceedings  in   the 


505  I'ROCEEDINGS  ON  REMOVAL.      MODE  OF  TRIAL.  §  1041 

action,  including  the  recognizances  for  the  appearance  of  the  defend- 
ant, and  of  the  witnesses,  to  the  court  to  which  the  action  is  re- 
moved." 

§  1037.  Proceedings  on  removal,  if  defendant  is  in  cus- 
tody. If  the  defendant  is  in  custody,  the  order  must  direct 
his  removal,  and  he  must  be  forthwith  removed  by  the  sheriff 
of  the  county  where  he  is  imprisoned,  to  the  custody  of  the 
sheriff  of  the  county  to  which  the  action  is  removed. 

Legislation  §  1037.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §3.32);  based  on  Crim.  Prac.  iVct,  Stats.  1851,  p.  246,  §  316, 
which  read:  "§-316.  If  the  defendant  be  in  custody  the  order  shall 
direct  his  removal  by  the  sheriff  of  the  county  where  he  is  impris- 
oned to  the  custody  of  the  sheriff  of  the  county  to  which  the  action 
is  removed,  and  he  shall  be  forthwith  removed  accordingly." 

§  1038.  Authority  of  court  to  which  action  is  removed. 
When  original  papers  must  be  transmitted.  The  court  to 
which  the  action  is  removed  must  proceed  to  trial  and  judg- 
ment therein  as  if  the  action  had  been  commenced  in  such 
court.  If  it  is  necessary  to  have  any  of  the  original  plead- 
ings or  other  papers  before  such  court,  the  court  from  which 
the  action  is  removed  must  at  any  time,  upon  application  of 
the  district  attorney  or  the  defendant,  order  such  papers  or 
pleadings  to  be  transmitted  by  the  clerk,  a  certified  copy 
thereof  being  retained. 

Costs  on  removal  of  criminal  action  chargeable  against  what 
county:  See  Pol.  Code,  §  4345. 

Proceedings  on  removal  in  justices'  or  police  courts:  See  post, 
§  1432. 

Legislation  §  1038.  Enjtcted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  353);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  246,  §  316. 

CHAPTER  VII. 

The  Mode  of  Trial. 

§  1041.     Issue  of  fact  defined. 

§  1042.     Issue  of  fact,  how  tried. 

§  1043.     When  presence  of  defendant  is  necessary  on  the  trial. 

§  1041.     Issue  of  fact  defined.     An  issue  of  fact  arises: 

1.  Upon  a  plea  of  not  guilty. 

2.  Upon  a  plea  of  a  former  conviction  or  acquittal  of  the 
same  offense. 

3.  Upon  a  plea  of  once  in  jeopardy.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  45.] 

Legislation  §  1041.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §354);  in  exact  language  of  Crim.  Prac.  Act,  Stats. 
1851,  p.  246,  §  318.  When  enacted  in  1872,  §  1041  read:  "1041.  An 
issue  of  fact  arises:  1.  Upon  a  plea  of  not  guilty;  or,  2.  Upon  a  plea 
of  a  former  conviction  or  acquittal  of  the  same  offense." 

2.  Amended  by  Code  Amdts.  1880,  p.  45. 


§  1043  PENAL    CODE.  506 

§  1042.  Issue  of  fact,  how  tried.  Issues  of  fact  must  be 
liicd  1)\  jury,  uiik'ss  a  trial  l)y  jury  be  waived  in  criminal 
cases  not  amounting  to  felony,  by  the  consent  of  both  par- 
ties ex])ressod  in  oikmi  court  and  entered  in  its  minutes.  In 
eases  of  misckMneanor  tlie  jury  may  consist  of  twelve,  or  any 
nuinl)or  less  than  twelve  upon  which  the  parties  may  agree 
in  open  court.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  5.] 

Number  of  jurors:  In  eases  of  misdomoanor,  the  jury  may  consist 
of  twelve,  or  of  any  number  less  than  twelve  upon  which  the  parties 
may  agree  in  open   court:   Const.   1879,  art.  i.  §  7. 

issue  of  fact,  defined:   Code  Civ.  Proc,  §  .lOO. 

Waiver  of  jury  in  justice's  or  police  court:  See  post,  §  1435. 

Presence  of  defendant  in  police  or  justice's  court:  See  post,  §  1434 

Legislation  §  1042,  1,  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §355);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  246, 
§  319,  which  read:  "§  319.  An  issue  of  fact  must  be  tried  by  a  jury 
of  the  county  in  which  the  indictment  was  found,  unless  the  action 
be  removed  by  order  of  the  court  into  some  other  county."  When 
enacted  in  1872,  §  1042  read:  "1042.  Issues  of  fact  must  be  tried  by 
jury." 

2.  Amended  by  Code  Amdts.  1880,  p.  5. 

§  1043.  When  presence  of  defendant  is  necessary  on  the 
trial.  If  the  prosecution  be  for  a  felony,  the  defendant  must 
be  personally  present  at  the  trial;  but  if  for  misdemeanor, 
the  trial  may  be  had  in  the  absence  of  the  defendant ;  if, 
however,  his  presence  is  necessary  for  the  purpose  of  identifi- 
cation, the  court  may,  upon  application  of  the  district  attor- 
ney, by  an  order  or  warrant,  require  the  personal  attendance 
of  the  defendant  at  the  trial.  [Amendment  approved  1880, 
Code  Amdts.  1880,  p.  19.] 

Legislation  §  1043.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  356) ;  based  on  Crim.  Prac.  Act,  §  320,  as  amended  bv 
Stats.  1863,  p.  160,  §  15,  which  read:  "§320.  If  the  indictment  be 
for  felony,  the  defendant  must  be  personally  present  at  the  trial; 
but  if  for  misdemeanor,  the  trial  may  be  had  in  the  absence  of  the 
defendant;  provided,  if  his  presence  be  necessary,  for  the  purpose 
of  identification,  the  court  may,  upon  application  of  the  district 
attorney,  by  an  order  or  warrant  to  that  effect,  require  the  personal 
attendance  of  the  defendant  at  the  trial;  the  defendant  shall  also 
be  personally  present  when  judgment  is  pronounced,  if  the  court  may 
deem  it  necessary." 

2,  Amended  by  Code  Amdts.  1880,  p.  19,  substituting  "If  the 
prosecution  be"  for  "If  the  indictment  is,"  at  beginning  of  section. 


507      FORMATION  OF  TRIAL  JURY.      CALENDAR  OF  CASES.       §  1048 

CHAPTER  Vlll. 

Formation  of  the  Trial  Jury  and  the  Calendar  of  Issues  for  Trial. 

§  1046.  Formation  of  trial  jury. 

§  1047.  Clerk  to  prepare  a  calendar. 

§  1048.  Order  of  disposing  of  issues  on  the  calendar. 

§  1049.  Defendant  entitled  to  two  days  to  prepare  for  trial. 

§  1046.  Formation  of  trial  jury.  Trial  juries  for  crimi- 
nal actions  are  formed  in  the  same  manner  as  trial  juries  in 
civil  actions. 

Impaneling  trial  juries:  Code  Civ.  Proc.  §§  246,  247. 

Formation  of  jury:   Code  Civ.  Proc,  §§  600-604. 

Qualifications  and  exemptions  of  jurors:  Code  Civ.  Proc,  §§  198- 
202. 

Legislation  §  1046.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  358);  in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 
p.  247,  §321. 

§  1047.  Clerk  to  prepare  a  calendar.  The  clerk  must 
keep  a  calendar  of  all  criminal  actions  pending  in  the  court, 
enumerating  them  according  to  the  date  of  the  filing  of  the 
indictment  or  information,  specifying  opposite  the  title  of 
each  action  whether  it  is  for  a  felony  or  a  misdemeanor,  and 
whether  the  defendant  is  in  custody  or  on  bail.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  20.] 

Legislation  §  1047.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  247,  §  322,  which  read:  "§  322.  The  clerk 
shall  keep  a  docket  of  all  the  criminal  actions  pending  in  the  court, 
in  which  he  shall  enter  each  indictment  according  to  the  date  of 
the  tiling,  specifying  opposite  the  title  of  each  action  whether  it 
be  for  a  felony  or  a  misdemeanor,  and  whether  the  defendant  be  in 
custody  or  on  bail." 

2,  Amended  by  Code  Amdts,  1880,  p.  20,  (1)  substituting  "keep 
a  calendar"  for  "prepare  a  calendar,"  and  (2)  inserting  "or  informa- 
tion" after  "indictment." 

§  1048.     Order  of  disposing  of  issues  on  the  calendar.     The 

issues  on  the  calendar  must  be  disposed  of  in  the  following 
order,  unless  for  good  cause  the  court  shall  direct  an  action 
to  be  tried  out  of  its  order : 

1.  Prosecutions  for  felony,  when  the  defendant 'is  in  cus- 
tody. 

2.  Prosecutions  for  misdemeanor,  when  the  defendant  is 
in  custody. 

3.  Prosecutions  for  felony,  when  the  defendant  is  on  bail. 

4.  Prosecutions  for  misdemeanor,  when  the  defendant  is 
on  bail.  [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  20.] 

Legislation  §  1048.  1.  Enacted  February  14,  1872;  in  substance 
the  same   as  Crim.  Prac.  Act,  Stats.   1851,  p.  247,  §  323.     When   en- 


§  1053  I'ENAL    CODE.  508 

acted  in  1S72,  (1)  the  introductory  paragraph  read:  "The  issues  on 
the  calendar  must  be  disposed  of  in  the  following  order,  unless  upon 
the  ajiplicatiou  of  either  party,  for  good  cause  shown  by  a/Iidavit, 
and  upon  two  ilays"  notice  to  the  op])Osite  party,  with  service  of  a 
copy  of  the  aflidavit  in  support  of  the  ai)plication,  the  court  shall 
direct  an  indictment  to  be  tried  out  of  its  order";  (2)  the  four  sub- 
divisions liad  the  wor<l  "Indictments"  instead  of  "Prosecutions"  (the 
change  being  made  in  1880). 

2.  Amended  by  Code  Amdts.  1873-7-4,  p.  440,  (1)  the  introductory 
paragraph  reading  as  at  present,  except  that  it  had  tlie  word  "in- 
dictment" instead  of  "action";  (2)  the  subdivisions  having  the  word 
"Indictments"  instead  of  "Prosecutions,"  as  at  j)resent. 

3.  Amended  by  Code  Amdts.  1880,  p.  20. 

§  1049.  Defendant  entitled  to  two  days  to  prepare  for 
trial.  After  his  plea,  the  defendant  is  entitled  to  at  least 
two  days  to  prepare  for  trial. 

Legislation  §  1049.     Enacted   February   14,   1872;    based   on   Grim. 

Prac.  Act,  IStats.  1851,  p.  247,  §  324,  which  read:   "§324.     After  his 

plea,  the  defendant  shall  have  at  least  two  days  to  prepare  for  his 

trial,  if  he  require  it." 

CHAPTER  IX. 

Postponement   of  the   Trial. 

§  1052.     Postponement,  when  and  how  ordered. 

§  1053.     Substitution   of   judges   in   criminal   actions. 

§  1052.  Postponement,  when  and  how  ordered.  When  an 
action  is  called  for  trial,  or  at  any  time  previous  thereto,  the 
court  may,  upon  sufficient  cause,  direct  the  trial  to  be  post- 
poned to  another  day.  [Amendment  approved  1880 ;  Code 
Amdts.  1880,  p.  20.] 

Legislation  §  1052.  1.  Enacted  February  14,  1872;  based  on  Grim. 
Prae.  Act,  Stats.  1851,  p.  247,  §  325,  which  read:  "§325.  When  an 
indictment  is  called  for  trial  the  court  may,  upon  sufficient  cause 
shown  by  affidavit,  direct  the  trial  to  be  postponed  to  another  day 
of  the  same  term  or  the  next  term."  When  enacted  in  1872,  §  1052 
read:  "1052.  When  an  indictment  is  called  for  trial,  or  at  any  time 
previous  thereto,  the  court  m.ay,  upon  sufficient  cause  shown  by  affi- 
davit, direct  the  trial  to  be  postj^oned  to  another  day  of  the  same 
or  of  the  next  term." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  441,  and  differed  from 
the  amendment  of  1880,  having  (1)  "indictment"  instead  of  "ac- 
tion," and  having  (2)  "of  the  same  or  of  the  next  term"  at  end  of 
section. 

3.  Amended  by  Code  Amdts.  1880,  p.  20. 

§  1053.     Substitution  of  judges  in  criminal  actions.     If 

after  the  commencement  of  the  trial  of  a  criminal  action  or 
proceeding  the  judge  shall  die,  become  ill,  or  for  any  other 
reason  be  unalde  to  proceed  with  the  trial,  any  other  judge 
of  the  superior  court  in  and  for  the  county,  or  city  and 
county,  in  which  the  case  is  pending  may  proceed  with  and 


509  SUBSTITUTION  OF  JUDGES  IN   CRIMINAL  ACTIONS.       ^  1053 

finish  the  trial;  or,  if  there  be  no  otlier  judiie  of  such  supe- 
rior court,  then  the  clerk  or  sheriff  shall  adjourn  the  court 
and  continue  the  case  from  day  to  day,  until  such  time  as 
the  governor  shall  designate  a  judge  of  the  superior  court 
from  some  other  county  to  proceed  with  and  complete  the 
trial,  or  until  such  time  as,  by  stipulation  in  writing  between 
the  district  attorney  and  the  attorney  for  the  defendant,  filed 
with  the  clerk,  a  judge  shall  be  agreed  upon  by  them  to 
complete  said  trial.  The  judge  authorized  by  the  provisions 
of  this  section  to  proceed  with  and  complete  the  trial  shall 
have  the  same  power,  authority  and  jurisdiction  as  if  the 
trial  had  been  commenced  before  such  judge. 
Legislation  §  1053.     Added  by  Stats.  1911,  p.  365 


PENAL    CODE.  510 


TITLE  VII. 

Proceedings  After  the  Commencement  of  the  Trial  and 
Before  Judgment. 

Chapter  T.  Challenging  tlie  Jury.     §§  1055-1089. 

TT.  The  Trial.     §§  1093-1131. 

TIT.  Conduct    of    the   Jury   After    the    Cause   is   Submitted    to 

Them.     §§1135-1143. 

IV.  The    Verdict.     §§  1147-1167. 

V.  Trills   of  Exception.     §§  1170-1177. 

VI.  New  Trials.     §§1179-1182. 

VTI.  Arrest  of  Judgment.     §§  1185-1188. 


CHAPTER  I. 
Challenging  the  Jury. 

§  1055.     Definition  and  division  of  challenges. 

§  1056.     Defendants  cannot  sever  in  challenges. 

§  1057.     Panel  defined. 

§  1058.     Challenge  to  the  jury  defined. 

§  1059.     Upon   what  founded. 

§  1060.     When   and  how  taken. 

§  1061.  If  sufficiency  of  the  challenge  be  denied,  adverse  party  may 
except.     Exception,  how  taken  and  tried. 

§  1062.     If  exception  overruled,  court  may  allow  denial,  etc. 

§  1063.  Denial  of  challenge,  how  made,  and  trial  thereof.  Who  may 
be  examined  on   trial   of  challenge. 

§  1064.  Challenge  when  jury  is  summoned  but  not  drawn,  for  bias  in 
summoning  officer. 

§  1065.  If  challenge  allowed,  jury  to  be  discharged;  if  disallowed,  to 
be  impaneled. 

§  1066.  Defendant  to  be  informed  of  his  right  to  challenge  indi- 
vidual jurors. 

§  1067.     Kinds  of  challenges  to  individual  juror. 

§  1068.     Challenge,  when   taken. 

§  1069.     Peremptory   challenge,   what,   and   how  taken. 

§  1070.     Number    of    peremptory    challenges. 

§  1071.     Definition  and  kinds  of  challenge,  for  cause. 

§  1072.     General  causes  of  challenge. 

§  1073.     Particular  causes  of  challenge. 

§  1074.     Ground  of  challenge  for  implied  bias. 

§  1075,     Exemption   not   a   ground   of   challenge. 

§  1076.     Stating  causes  of  challenge. 

§  1077.     Exceptions  to  challenge,  and  denial  thereof. 

§  1078.     Trial  of  challenge. 

§  1079.     Triers,    how    appointed.     Majority    may    decide.      [Repealed.] 

§  1080.     Oath   of  triers.      [Repealed.] 

§  1081.     Juror  challenged  may  be  examined  as  a  witness. 

§  1082.     Rules  of  evidence  on  trial  of  challenge. 

§  1083.     Decision. 

§  1084.  Instructions  to  triers  on  trial  of  challenge  for  actual  bias. 
[Repealed.] 

§  1085.     Verdict   of  triers,  and  its   effect.     [Repealed.] 


511  CHALLENGING  THE  JURY.  §  1059 

§  1086.     Challenges,  first  by  the  defendant  and  then  by  the  people. 

§  1087,     Order   of  challenges. 

§  1088.     Peremptory    challenges    may    be    taken    after    challenges    for 

cause  on  both  sides  are  exhausted. 
§  1089.     Alternate  jurors,  how  chosen.     Eights  and  duties  of  alternate 

jurors. 

§  1055.  Definition  and  division  of  challenges.  A  chal- 
lenge is  an  objection  made  to  the  trial  jurors,  and  is  of  two 
kinds : 

1.  To  the  panel ; 

2.  To  an  individual  juror. 

Challenge,  defined:    See   ante,  §1055;    post,  §  1071. 

Challenges,  kinds  of:  See  post,  §§  1067,  1071. 

Challenge  for  cause,  definition  of:   See  post,  §  1071. 

Challenge  to  panel,  definition  of:   See  post,  §  1058. 

Legislation  §  1055.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  359) ;  iu  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  247,  §  326. 

~§  1056.     Defendants   cannot  sever  in   challenges.     When 

several  defendants  are  tried  together  they  cannot  sever  their 
challenges,  but  must  join  therein. 

Legislation  §  1056.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  360);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  247.  §  327. 

§  1057.  Panel  defined.  The  panel  is  a  list  of  jurors  re- 
turned by  a  sheriff,  to  serve  at  a  particular  court  or  for  the 
trial  of  a  particular  action. 

Selecting  and  returning  jurors:  Code  Civ.  Proc,  §§  204-211. 
Drawing  jurors:   Code  Civ.  Proc,  §§  214-220. 
Summoning  jurors:  Code  Civ.  Proc,  §§  225-228. 
Legislation  §  1057.     Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  Stats.   1851,  p.  247,  §  328. 

§  1058.  Challenge  to  the  jury  defined.  A  challenge  to  the 
panel  is  an  objection  made  to  all  the  jurors  returned,  and 
may  be  taken  by  either  party. 

Legislation  §  1058.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §361);    in    exact   language    of    Crim.   Prac.   Act,   Stats.    1851, 

p.  247,  §  329. 

§  1059.  Upon  what  founded.  A  challenge  to  the  panel 
can  be  founded  only  on  a  material  departure  from  the  forms 
prescribed  in  respect  to  the  drawing  and  return  of  the  jury 
in  civil  actions,  or  on  the  intentional  omission  of  the  sheriff 
to  summon  one  or  more  of  the  jurors  drawn. 

Legislation  §  1059.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  362);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  247,  §  330. 


§  1063  1>ENAI;    CODE.  512 

1060.  When  and  how  taken.  A  challenge  to  the  panel 
must  1k'  taken  bel'oie  a  jui'or  is  sworn,  and  must  be  in  writ- 
ing: or  ])e  noted  by  tlie  phonoiiraphie  reporter,  and  must 
plainly  and  distinctly  state  the  facts  eonstitutint^  the  ground 
of  challenge. 

Challenge  to  panel:   See  post.  §  10S7. 

Legislation  §  1060.  Enactecl  Fcbruarv  M,  1872  (N.  Y.  Code  Crim. 
Prop..  §  36.1);  based  on  Crim.  Prae.  Act,  Stat§.  1S51,  p.  247,  §  331, 
which  read:  "§331.  A  challenge  to  a  panel  must  be  taken  before  a 
juror  is  sworn,  and  must  be  in  writing,  specifj-ing  plainly  and  dis- 
tinctly the  facts  constitu^jng  the  grounds  of  challenge." 

§  1061.  If  sufficiency  of  the  challenge  be  denied,  adverse 
party  may  except.    Exception,  how  taken  and  tried.     If  the 

sutYicioney  of  the  facts  alleged  as  .uround  of  the  ehallenjre  is 
denied,  the  adverse  party  may  except  to  the  challeng:e.  The 
exception  need  not  be  in  writing,  but  must  be  entered  on  the 
minutes  of  the  court,  or  of  the  ph-onographic  reporter,  and 
thereupon  the  court  must  proceed  to  try  the  sufficiency  of 
the  challenge,  assuming  the  facts  alleged  therein  to  be  true. 

Exception  to  challenge  and  proceedings  on:  See  post,  §§  1062, 
1077,  107S. 

Exception  to  ruling:  Post,  §  1170. 

Trial  of  challenge:  See  post,  §§  1077,  1078,  1081. 

Legislation  §  1061.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §  364);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  248,  §§  332, 
333,  which  read:  "§  332.  If  the  sufficiency  of  the  facts  alleged  as  a 
ground  of  challenge  be  determined,  the  adverse  party  may  except 
to  the  challenge.  The  exception  need  not  be  in  writing,  but  shall 
be  entered  on  the  minutes  of  the, court.  §  333.  Upon  the  exception 
the  court  shall  proceed  to  try  the  sufficiency  of  the  challenge,  as- 
suming the  facts  alleged  therein  to  be  true." 

§  1062.  If  exception  overruled,  court  may  allow  denial, 
etc.  If,  on  the  exception,  the  court  finds  the  challenge  suffi- 
cient, it  may,  if  justice  requires  it,  permit  the  party  except- 
ing to  withdraw  his  exception,  and  to  deily  the  facts  alleged 
in  the  challenge.  If  the  exception  is  allowed,  the  court  may, 
in  like  manner,  permit  an  amendment  of  the  challenge. 

Exception  to  challenge  and  proceedings  on:  See  ante,  §1061; 
post,  §§  1077,   1078. 

Legislation  §  1062.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §  36.'i);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  248,  §  334. 

§  1063.  Denial  of  challenge,  how  made,  and  trial  thereof. 
Who  may  be  examined  on  trial  of  challenge.  If  the  chal- 
lenge is  denied,  the  denial  may  be  oral,  and  must  be  entered 
on  the  minutes  of  the  court,  or  of  the  phonographic  reporter, 
and  the  court  must  proceerl  to  try  the  question  of  fact:  and 


513  CHALLEiSGING  THE  JURY.  §  1066 

upon  such  trial,  the  officers,  whether  judicial  or  ministerial, 
whose  irregularity  is  complained  of,  as  well  as  any  other 
persons,  may  be  examined  to  prove  or  disprove  the  facts 
alleged  as  the  ground  of  the  challenge. 

Legislation  §  1063.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §§  366,  367);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  248, 
§§  335,  336,  which  read:  "§  335.  If  the  challenge  be  denied,  the 
denial  may  in  like  manner  be  oral,  and  shall  be  entered  on  the  min- 
utes of  the  court,  and  the  court  shall  proceed  to  try  the  question  of 
fact.  §  336.  Upon  such  trial,  the  officers,  whether  judicial  or  min- 
isterial, whose  irregularity  is  complained  of,  as  well  as  any  other 
persons,  may  be  examined  to  prove  or  disprove  the  facts  alleged 
as  the  grounds  of  challenge." 

§  1064.  Challenge  when  jury  is  summoned  but  not  drawn, 
for  bias  in  summoning  officer.  When  the  panel  is  formed 
from  persons  whose  names  are  not  drawn  as  jurors,  a  chal- 
lenge may  be  taken  to  the  panel  on  account  of  any  bias  of 
the  officer  who  summoned  them,  which  would  be  good  ground 
of  challenge  to  a  juror.  Such  challenge  must  be  made  in  the 
same  form,  and  determined  in  the  same  manner,  as  if  made 
to  a  juror. 

Legislation  §  1064.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  248,  §  337,  which  read:  "§  337.  When  the 
panel  is  formed  from  persons  whose  names  are  not  drawn  from  the 
grand-jury  box,  a  challenge  may  be  made  to  the  panel  en  account 
of  any  bias  of  the  officer  who  summoned  the  jury,  which  would  be 
good  ground  of  challenge  to  a  juror.  Such  objection  shall  be  made 
in  the  same  form,  and  determined  in  the  same  manner  as  when  made 
to  a  juror." 

§  1065.  If  challenge  allowed  jury  to  be  discharged ;  if 
disallowed,  to  be  impaneled.  If,  either  upon  an  exception 
to  the  challenge  or  a  denial  of  the  facts,  the  challenge  is  al- 
lowed, the  court  must  discharge  the  jury  so  far  as  the  trial 
in  question  is  concerned.  If  it  is  disallowed,  the  court  must 
direct  the  jury  to  be  impaneled.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  20.] 

Legislation  §  1065.     1.  Enacted    February    14,    1872    (jST.   Y.    Code 

Crim.  Proc,  §  368);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 

1851,  p.  248,  §  338. 

2.  Amended  by  Code  Amdts.  1880,  p.  20,  changing  "trial  of  Uie 

indictment  in  question"  to  "trial  in  question." 

§  1066.  Defendant  to  be  informed  of  his  right  to  challenge 
individual  jurors.  Before  a  juror  is  called,  the  defendant 
must  be  informed  by  the  court,  or  under  its  direction,  that 
if  he  intends  to  challenge  an  individual  juror  he  must  do  so 
when  the  juror  appears,  and  before  he  is  sworn. 

Legislation  §  1066.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  369);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  248,  §  339. 

Pen.  Code — 33 


§  1071  PENAL    CODE.  514 

§  1067.  Kinds  of  challenges  to  individual  juror.  A  clial- 
leuge  to  an  indivitlual  juror  is  either: 

1.  Peremptory ;  or, 

2.  For  cause. 

Challenges,  kinds  of:  See  ante,  §  1055;  post,  §  1071. 

Legislation  §  1067.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §  ;^70) ;  in  cxaft  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  248,  §  340. 

§  1068.  Challenge,  when  taken.  Tt  must  be  taken  when 
the  juror  appears,  and  before  lie  is  sworn  to  try  the  cause; 
but  the  court  may  for  cause  permit  it  to  be  taken  after  the 
juror  is  sworn,  and  before  tlie  jury  is  completed. 

Legislations  1068.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §371);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  248,  §  341, 
•which  read:  "§  341.  It  must  be  taken  when  the  juror  appears,  and 
before  he  is  sworn,  but  the  court  may  for  good  cause  permit  it  to 
be  taken  after  the  juror  is  sworn,  and  before  the  jury  is  completed." 

§  1069.     Peremptory  challenge,  what,  and  how  taken.     A 

peremptory  cli alienee  can  be  taken  by  either  party,  and  may 
be  oral.     Tt  is  an  objection  to  a  juror  for  Avhich  no  reason 
need  be  given,  but  upon  which  the  court  must  exclude  him. 
Legislation  §  1069.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  372);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  248,  §  342. 

§  1070.  Number  of  peremptory  challenges.  If  the  offense 
charged  1  e  punishable  with  death,  or  with  imprisonment  in 
the  state  prison  for  life,  the  defendant  is  entitled  to  twenty 
and  the  state  to  ten  peremptory  challenges.  On  a  trial  for 
any  other  offense,  the  defendant  is  entitled  to  ten  and  the 
state  to  five  peremptorv  ehallentres.  [Amendment  approved 
1874;  Code  Amdts.  1873-74,  p.  411.] 

Numl:er  of  peremptory  challenges:   See  post,  §1089. 

Legislation  §1070.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  373);  in  substance  the  same  as  Crim.  Prac.  Act,  §  343, 
as  amended  by  Stats.  1863-64,  p.  394,  §  1.  \\'hen  enacted  in  1872, 
§  1070  read:  "1070.  If  the  offense  charged  is  punishable  with  death, 
,or  with  imprisonment  in  the  state  prison  for  life,  the  defendant  is 
entitled  to  ten  and  the  state  to  five  peremptory  challenges.  On  a 
trial  for  any  other  offense,  the  defendant  is  entitled  to  five  and  the 
Btate  to  three  peremptory  challenges." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  441. 

§  1071.    Definition  and  kinds  of  challenge,  for  cause.    A 

challenge  for  cause  may  be  taken  by  either  party.     It  is  an 
objection  to  a  particular  juror,  and  is  either: 

1.  General — that  the  juror  is  disqualified  from  serving  in 
any  case ;  or, 


515  CHALLENGING  THE  JURY.  §  1073 

2.  Particular — that  he  is  disqualified  from  serving  in  the 
action  on  trial. 

Challenge,  definition  of:  See  ante,  §  1055. 

Challenges,  kinds  of:    See  ante,  §§  1055,  1067. 

Legislation  §  1071.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  374);  in  substance  the  same  as  Crim.  Prac.  Act.  Stats.  1851, 
p.  249,  §  344. 

§  1072.  General  causes  of  challenge.  General  causes  of 
challenge  are : 

1.  A  conviction  for  felony  ; 

2.  A  want  of  any  of  the  qualifications  prescribed  by  law 
to  render  a  person  a  competent  juror ; 

3.  Unsoundness  of  mind,  or  such  defect  in  the  faculties  of 
the  mind  or  organs  of  the  body  as  renders  him  incapable 
of  performing  the  duties  of  a  juror. 

Qualifications  req.uired  of  jurors:  Code  Civ.  Proc,  §  198.  See 
Const.,  art.  xx,  §  11. 

Exemptions:   Code  Civ.  Proc,  §  200. 

Legislation  §  1072.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §375);  in  substance  tlie  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  249, §  345. 

§  1073.  Particular  causes  of  challenge.  Particular  causes 
of  challenge  are  of  two  kinds : 

First.  For  such  a  bias  as,  when  the  existence  of  the  facts 
is  ascertained,  in  judgment  of  law  disqualifies  the  juror,  and 
which  is  known  in  this  code  as  implied  bias. 

Second.  For  the  existence  of  a  state  of  mind  on  the  part 
of  the  juror  in  reference  to  the  case,  or  to  either  of  the  par- 
ties ,  w^hieh  will  prevent  him  from  acting  with  entire  impar- 
tiality and  without  prejudice  to  the  substantial  rights  of 
either  party,  which  is  known  in  this  code  as  actual  bias. 
[Amendment  approved  1874:;  Code  Amdts.  1873-74,  p.  Ml.] 

Implied  bias:  Post,  §  1074. 

Actual   bias:    Post,  §  107G. 

Legislation  §  1073.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  376);  in  substance  tlie  same  as  Crim.  Prac.  Act,  §  346, 
as  amended  by  Stats.  1867-68,  p.  704,  §  1.  When  §  1073  was  enacted 
in  1872,  the  introductory  paragraph  and  subd.  1  read  same  as  at 
present;  subd.  2  then  reading,  "2.  For  the  existence  of  a  state  of 
mind  on  the  part  of  the  juror  in  reference  to  the  case,  which,  in 
the  exercise  of  a  sound  discretion  on  the  part  of  the  trier,  leads  to 
the  inference  that  he  will  not  act  with  entire  impartiality,  and 
which  is  known  in  this  code  as  actual  bias;  but  a  hypothetical  opin- 
ion, founded  ou  hearsay  or  information  supposed  to  be  true,  un- 
accompanied with  malice  or  ill-will,  does  not  disqualify  a  juror,  and 
is  not  a  cause  of  ehallengo  for  either  actual  or  implied  bias." 

2,  Amended  by  Code  Amdts.  1873-74,  p.  441. 


§  107-1-  I'ENAL    CODE.  516 

§  1074.  Ground  of  challenge  for  implied  bias.  A  ilial- 
leiige  Tor  implied  bias  inay  \>v.  taken  I'ur  all  oi"  au\'  ol"  the 
lollowiiit;'  causes,  and  for  no  otiier: 

1.  Consanguinity  or  affinity  within  the  I'oui'th  decree  to 
the  person  alleged  to  be  injured  by  the  olfense  charged,  or 
on  Avh()S(^  complaint  tlie  pi'osecution  was  instituted,  or  to  the 
defendant. 

2.  Standing  in  the  relation  of  guardian  and  Avard,  attorney 
and  client,  master  and  servant,  or  landlord  and  tenant,  or 
being  a  member  of  the  family  of  the  defendant,  or  of  the  per- 
son alleged  to  be  injui'ed  by  the  offense  charged,  or  on  whose 
complaint  the  prosecution  was  instituted,  or  in  his  employ- 
ment on  wages. 

3.  Being  a  party  adverse  to  the  defendant  in  a  civil  action, 
or  having  complained  against  or  been  accused  by  him  in  a 
criminal  prosecution. 

4.  Having  served  on  the  grand  jury  which  found  the  in- 
dictment, or  on  a  coroner's  jury  which  inquired  into  the 
death  of  a  person  Avhose  death  is  the  subject  of  the  indict- 
ment or  information. 

5.  Having  served  on  a  trial  jury  which  has  tried  another 
person  for  the  offense  charged. 

6.  Having  been  one  of  a  jury  formerly  sworn  to  try  the 
same  charge,  and  whose  verdict  Avas  set  aside,  or  Avhich  Avas 
discharged  Avithout  a  verdict,  after  the  case  Avas  submitted 
to  it. 

7.  Having  served  as  a  juror  in  a  civil  action  brought 
against  the  defendant  for  the  act  charged  as  an  offense. 

8.  If  the  offense  charged  be  punishable  Avith  death,  the 
entertaining'  of  such  conscientious  opinions  as  avouIcI  pre- 
clude his  finding  the  defendant  guilty ;  in  Avhich  case  he  must 
neither  be  permitted  nor  compelled  to  serve  as  a  juror. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  20.] 

Legislation  §  1074.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  377);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  249,  §  347.  When  §  1074  was  enacted  in  1872,  (1)  the  in- 
troductory paragraph  and  subds.  1,  2,  and  3  read  same  as  the  amend- 
ment of  1880  (the  present  section);  (2)  subd.  4  did  not  have  the 
words  "or  information"  at  end  of  subdivision  (which  were  added 
in  1880);  (3)  subd.  5  had  the  words  "in  the  indictment"  at  end  of 
subdivision  (omitted  in  1880);  (4)  subd.  6  had  the  word  "indict- 
ment" instead  of  "charge"  (changed  in  1880);  (5)  between  the 
present  subds.  7  and  8  the  section  contained  another  subdivision, 
numbered  8  (omitted  in  1873-74),  reading,  "8.  Having  formed  or 
expressed  an  unqualified  opinion  or  belief  that  the  prisoner  is  guilty 
or  not  guilty  of  the  offense  charged";  (6)  the  present  subd.  8  was 
then  subd.  9. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  442,  (1)  omitting  subd.  8 
of  the  original  code  section,  and  (2)  subd.  9  renumbered  subd.  8. 

3.  Amended  by  Code  Amdts.  1880,  p.  20. 


517  CHALLENGING  THE  JURY.  ^10i7 

§  1075.  Exemption  not  a  ground  of  challenge.  Aii  ex- 
emption from  service  on  a  jury  is  not  a  cause  of  challenge, 
but  the  privilege  of  the  person  exempted. 

Exemption  from  jury  duty:   See  Code  Civ.  Proc,  §  200. 
Legislation  §  1075.     Kiiacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  ;]79) ;    ill    exact    language   of   Crim.   Prac.   Act,   Stats.    1851, 
ji.  250,  §  318. 

§  1076.  Stating  causes  of  challenge.  In  a  challenge  for 
implied  bias,  one  or  more  of  the  causes  stated  in  section  ten 
hundred  and  seventy-four  must  be  alleged.  In  a  challenge 
for  actual  bias,  the  cause  stated  in  the  second  su!:division 
of  section  ten  hundred  and  seventy-three  must  be  alleged  ; 
but  no  person  shall  be  disqualified  as  a  juror  by  reason  of 
having  formed  or  expressed  an  opinion  upon  the  matter  or 
cause  to  be  submitted  to  such  jury,  founded  upon  public 
rumor,  statements  in  public  journals,  or  common  notoriety; 
provided  it  appear  to  the  court,  upon  his  declaration,  under 
oath  or  otherwise,  that  he  can  and  will,  notwitlistanding 
such  an  opinion,  act  impartially  and  fairly  upon  the  matters 
to  be  submitted  to  him.  Tlie  challenge  may  be  oral,  but 
must  be  entered  in  the  minutes  of  the  court  or  of  the  pho- 
nographic reporter.  [Amendment  approved  1874;  Code 
Amdts.  1873-74,  p.  443.] 

Legislation  §  1076.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §380);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  250, 
§  349,  which  read:  "§  349.  In  a  challenge  for  implied  bias,  one  or 
more  of  the  causes  stated  in  section  three  hundred  and  forty-seven 
mu?'t  be  alleged.  In  a  challenge  for  actual  bias,  it  must  be  alleged 
that  the  juror  is  biased  against  the  party  challenging.  In  either 
case  the  challenge  may  be  oral,  but  must  be  entered  on  the  minutes 
of  the  court."  When  enacted  in  1872,  §  1076  read:  "1076.  In  a 
challenge  for  implied  bias,  one  or  more  of  the  cause's  stated  in  sec- 
tion 1074  must  be  alleged.  In  a  challenge  for  actual  bias,  the  cause 
stated  in  the  second  subdivision  of  section  1073  must  be  alleged. 
In  either  case  the  challenge  may  be  oral,  but  must  be  entered  on 
the  minutes  of  the  court  or  of  the  phonographic  reporter." 
2.  Amended  by  Code  Amdts.  1873-74,  p.  443. 

§  1077.     Exceptions  to  challenge,  and  denial  thereof.     The 

adverse  party  may  except  to  the  cliallenge  in  the  same  man- 
ner as  to  a  challenge  to  the  panel,  and  the  same  proceedings 
must  be  had  thereon  as  are  prescribed  in  section  ten  hun- 
dred and  sixty-one,  except  that  if  the  exception  be  allowed 
the  juror  must  be  excluded.  The  adverse  party  may  also 
orally  deny  the  facts  alleged  as  the  ground  of  challenge. 

Exceptions,  sufficiency  of:   Compare  with   §§  1061,  1062,  ante. 

Exceptions  to  court's  ruling  and  proceedings  on:  See  ante,  §§  1061, 
1062,  1070;  post,  §  1078. 

Trial  of  challenge:   See  ante,  §  1061 ;  post,  §§  1071,  1078. 


§  1083  PENAL    CODE.  518 

Legislation  §  1077,  Euactcl  February  14,  1872  (N.  Y.  Code  Crini. 
I'roi'.,  S  ;!S1 ) ;  in  substance  llic  same  as  f-rini.  I'rac.  Act,  Slats.  185], 
p.  250,  §  ."{50.  • 

§1078.  Trial  of  challenge.  U'  the  iuels  are  (IciulmI,  tlie 
challenge  must  be  tried  by  the  court.  [Aincndnicut  ap- 
proved 1874;  Code  Aiiidts.  187;J-74,  p.  44)].  j 

Exception  to  challenge  and  proceedings  on:  See  ante,  §§  1061, 
10G2,  1077. 

Trial  of  challenge:   See  ante,  §§  lOGl,   1077;   post,  §  1081. 

Legislation  §  1078.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
.  Grim.  Proc,  §  382);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  250,  §351.  When  enacted  in  1872,  §  1078  read:  "1078.  If 
the  facts  are  denied,  the  challenge  must  be  tried  as  follows:  1.  If 
it  be  for  implied  bias,  by  the  court.  2.  If  it  be  for  actual  bias,  by 
triers." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  4  4:3. 

§  1079.     Triers,   how   appointed.     Majority  may   decide. 

[Repealed  1874;  Code  Amdts.  1873-74,  p.  443.] 

,      Legislation  §  1079.     1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  250,  §  352. 

2.  Repealed  by  Code  Amdts.  1873-74,  p.  443. 

§1080.  Oath  of  triers.  [Repealed  1874;  Code  Amdts. 
1873-74,  p.  443.] 

Legislation  §  1080.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  250,  §  353. 

2.  Repealed  by  Code  Amdts.  1873-74,  p.  443. 

§  1081.  Juror  challenged  may  be  examined  as  a  witness. 
Upon  the  trial  of  a  challenge  to  an  individual  juror,  the  juror 
challenged  may  be  examined  as  a  witness  to  prove  or  dis- 
prove the  challenge,  and  must  answer  every  question  perti- 
nent to  the  inquiry. 

Trial  of  challenge:   See  aute,  §§  1061,  1077,  1078. 
Legislation  §  1081,     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.-,  §  3S3);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  250,  §  354. 

§  1082.  Rules  of  evidence  on  trial  of  challenge.  Other 
witnesses  may  also  be  examined  on  either  side,  and  the  rules 
of  evidence  applicable  to  the  trial  of  other  issues  govern  the 
admission  or  exclusion  of  evidence  on  the  trial  of  the 
challenge. 

Legislation  §  1082.     Enacted  February  14,  1872  (N.  1^  Code  Crim. 

Proc,  §  384);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  250,  §355. 

§  1083.  Decision.  The  court  must  allow  or  disallow  the 
challenge,  and  its  decision  must  be  entered  in  the  minutes 
of  the  court.  [Amendment  approved  1874;  Code  Amdts. 
1873-74,  p.  443.] 


519  CHALLENGING  THE  JURY.  §  1088 

Legislation  §  1083,  1.  Euaeted  February  14,  1872;  in  substance 
the  same  as  Crini.  Prac.  Act,  Stats.  1851,  p.  250,  §  356.  When  en- 
acted iu  1872,  §  1083  read:  "1083.  On  the  trial  of  a  challenge  for 
implied  bias,  the  court  must  determine  the  law  and  the  fact,  and 
must  either  allow  or  disallow  the  challenge,  and  direct  an  entry 
accordingly  upon  the  minutes." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  443. 

§  1084.  Instructions  to  triers  on  trial  of  challenge  for 
actual  bias.      [Repealed  1874;  Code  Amdts.  1873-74,  p.  444.] 

Legislation  §  1084.     1.  Enacted  February  14,  1872;  based  on  Grim. 
Prac.  Act,  §  357,  as  amended  by  Stats.  18(37-68,  p.  704,  §  2. 
2.  Eepealed  by  Code  Amdts. "1873-74,  p.  444. 

§  1085.  Verdict  of  triers,  and  its  effect.  [Repealed  1874 ; 
Code  Amdts.  1873-74,  p.  444.] 

Legislation  §  1085.  1.  Enacted  February  14,  1872;  based  on  Grim. 
Prac.  Act.  Stats.  1851,  p.  251,  §  358. 

2.  Kepealed  by  Code  Amdts.  1873-74,  p.  444. 

§  1086.  Challenges,  first  by  the  defendant  and  then  by  the 
people.  All  challenges  to  an  individual  juror,  except  per- 
emptory, must  be  taken,  first  by  the  defendant,  and  then  by 
the  people,  and  each  party  must  exhaust  all  his  challenges 
before  the  other  begins. 

Legislation  §  1086.     Enacted  February  14,  1872  (N.  Y.  Code  Grim. 

Proc,  §  385);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 

p.  251,  §  359. 

§  1087.  Order  of  challenges.  The  challenges  of  either 
party  for  cause  need  not  all  be  taken  at  once,  but  they  must 
be  taken  separately,  in  the  following  order,  including  in  each 
challenge  all  the  causes  of  challenge  belonging  to  the  same 
class : 

1.  To  the  pauel ; 

2.  To  an  individual  juror,  for  a  general  disqualification; 

3.  To  an  individual  juror,  for  an  implied  bias ; 

4.  To     an  individual  juror,  for  an  actual  bias. 
Challenge  to  panel:   See  ante,  §  1060. 

Legislation  §  1087.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  386) ;  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.  251,  §  360. 

§  1088.  Peremptory  challenges  may  be  taken  after  chal- 
lenges for  cause  on  both  sides  are  exhausted.  If  all 
challenges  on  both  sides  are  disallowed,  either  party,  first 
the  people  and  then  the  defendant,  may  take  a  peremptory 
challenge,  unless  the  parties'  peremptory  challenges  are 
exhausted. 

Legislation  §  1088.     Enacted   February   14,   1872;   based   on    Grim. 

Prac.  Act,  Stats.  1851,  p.  251,  §  361,  which  read:.  "§  361.     If  all  the 


^  1089  I'ENAL    CODE.  520 

challoii^'ors  |  (.■liiiUtMigcsJ.  on  botli  ,si<les  be  disallowed,  either  party 
may  still  take  a  ])(M'ciii|)tory  challonjio,  unless  the  peremptory  chal- 
Wmij^oh  lip  exhausted." 

§  1089.  Alternate  jurors,  how  chosen.  Rights  and  duties 
of  alternate  jurors.  Whcnover.  in  the  opinion  ol"  a  judge  of 
i\  supcrioi-  court  n'out  to  try  a  defendant  a<^'ainst  whom  has 
boon  filed  any  indictment  or  information  for  a  felony,  the 
ti-ial  is  likely  to  be  a  protracted  one,  the  court  may  cause  an 
entry  to  that  effect  to  be  made  in  the  minutes  of  the  court, 
and  thereupon,  immediately  after  the  jury  is  impaneled  and 
sworn,  the  court  may  direct  the  calling  of  one  or  two  addi- 
tional jurors,  in  its  discretion,  to  l)e  known  as  "alternate 
jurors."  Such  jurors  must  be  drawn  from  the  same  source, 
and  in  the  same  manner,  and  have  the  same  qualifications  as 
the  jurors  already  sworn,  and  be  subject  to  the  same  exam- 
ination and  challenges;  provided,  that  the  prosecution  shall 
be  entitled  to  one,  and  the  defendant  to  two,  peremptory 
challenges  to  such  alternate  jurors.  Such  alternate  jurors 
shall  be  seated  near,  with  ecpial  power  and  facilities  for 
seeing  and  hearing  the  proceedings  in  the  case,  and  shall 
take  the  same  oath  as  the  jurors  already  selected,  and  must 
attend  at  all  times  upon  the  trial  of  the  cause  in  company 
with  the  other  jurors;  and  for  a  failure  so  to  do  are  liable 
to  be  punished  for  contempt.  They  shall  obey  the  orders 
of  and  be  bound  by  the  admonition  of  the  court  upon  each 
adjournment  of  the  court;  but  if  the  i^egular  jurors  are 
ordered  to  be  kept  in  the  custody  of  the  sheriff  during  the 
trial  of  the  cause,  such  alternate  jurors  shall  also  be  kept  in 
confinement  with  the  other  jurors ;  and  except,  as  herein- 
after provided,  shall  be  discharged  upon  the  final  submission 
of  the  case  to  the  jury.  If,  before  the  final  submission  of  the 
case,  a  juror  die,  or  become  ill,  so  as  to  be  unable  to  per- 
form his  duty,  the  court  may  order  liira  to  be  discharged  and 
draw  the  name  of  an  alternate,  who  shall  then  take  his  place 
in  the  jury-box,  and  be  subject  to  the  same  rules  and  regula- 
tions as  though  he  had  been  selected  as  one  of  the  original 
jurors. 

Proceedings  where  juror  becomes  sick:  See  post,  §§  1123,  1139. 

Number  of  peremptory  challenges:  See  ante,  §  1070. 

Legislation  §  1C89.     Added  by  Stats.  1895,  p.  279. 


521  THE  TRIAL.       ORDER  OP.  §  1093 

CHAPTER  II. 

The  Trial. 

§  1093.     Order  of  trial. 

§  1094.     When   order  of  trial  may  be   departed  from. 

§  1095.     Number  of  counsel  who  may  argue  the  case  to  the  jury. 

§  1096.     Defendant   presumed   innocent   until   the   contrary   is   proved. 
Reasonable  doubt. 

§  1097.     When    reasonable    doubt   as   to    degree,   he   can   be   convicted 
only  of  lowest. 

§  1098.     Separate  trials. 

§  1099.     Discharging   one   of   several   defendants   before   verdict,  that 
he  may  be  a  witness. 

§  1100.     Same. 

§  1101.     Effect  of  such  discharge. 

§  1102.     Rules   of   evidence  in   civil   applicable   to   criminal   cases,   ex- 
cept, etc. 

§  1103.     Evidence  on  trial  for  treason. 

§  1103a.  Perjury,  how  proved. 

§  1104.     Evidence   on   trial   for   conspiracy. 

§  1105.     When  burden  of  proof  shifts  in  trials  for  murder. 

§  1106,     Evidence  on  a  trial  for  bigamy. 

§  1107.     Evidence  upon  a  trial  for  forging  bank  bills,  etc. 

§  1108.     Abortion  and  seduction,  evidence  upon  a  trial  for. 

§  1109.     Evidence  on  a  trial  for  selling,  etc.,  lottery  tickets. 

§  1110.     False  pretenses,  evidence  of. 

§  1111.     Conviction  on  testimony  of  accomplice.     Accomplice  defined. 

§  1112.     If   the   evidence   show   higher   offense   than   the   one   charged, 
proceedings  to  be  had  thereon.      [Repealed.] 

§  1113.     Court  may  discharge  jury,  when  it  has  not  jurisdiction,  etc. 

§  1114.     Proceeding    if   jury    discharged   for   want    of   jurisdiction    of 
offense  committed  out  of  the  state. 

§  1115.     Proceeding  in  such  case,  when  offense  committed  in  the  state. 

§  1116.     Same. 

§  1117.     Proceedings  if  jury  discharged  because  the  facts  do  not  con- 
stitute an  offense. 

§  1118.     When    evidence    on   either   side   is   closed,    court    may    advise 
jury  to  acquit. 

§  1119.     View  of  premises,  when  ordered  and   how  conducted. 

§  1120.     Knowledge   of  juror   to   be   declared   in   court,   and   he   to   be 
sworn  as  a  witness. 

§  1121.     .Jurors  may  be  permitted  to  separate  during  trial. 

§  1122.     Jury  at  each  adjournment  must  be  admonished,  etc. 

§  1123.     Proceedings    when    juror    becomes    unable     to     perform    his 
duties. 

§  1124.     Court  to  decide  questions  of  law  arising  during  trial. 

§  1125.     On  trial  for  libel  jury  to   determine  law  and  fact. 

§  1126.     In  all  other  cases  court  to  decide  questions  of  law. 

§  1127.     Duty  of  court  in  charging  jury. 

§  1128.     Jury  may  decide  in   court    or  retire    in    custody    of    officer. 

Oath   of   oflScers. 
§  1129.     When   defendant  on   bail   appears   for   trial   he   may   be   com- 
mitted. 
§  1130.     If  district  attorney  fails   to  attend,   court   may   appoint. 
§  1131.     When   allegations   of  embezzlement   sustained. 

§  1093.  Order  of  trial.  The  jury  having  been  impaneled 
and  sworn,  the  trial  must  proceed  in  the  following  order, 
unless  otherwise  directed  by  the  court: 


^  1003  PENAL    CODE.  522 

1.  If  iho  iiulictmeiit  or  iiiroi-iiiation  l)e  for  felony,  the 
cloT-k  must  read  it,  and  state  tlie  plea  of  the  defendant  to 
the  jury,  and  in  cases  where  it  ehar<?es  a  previous  convic- 
tion, and  the  defendant  has  confessed  the  same,  the  clerk 
in  reading  it  shall  omit  therefi-om  all  that  relates  to  such 
previous  conviction.  In  all  othoi-  eases  this  formality  may 
be  dispensed  Avith. 

2.  The  district  attorney,  or  other  counsel  for  the  people, 
must  open  the  cause  and  offer  the  evidence  in  support  of 
the  charge. 

3.  The  defendant  or  his  counsel  may  then  open  the  de- 
fense, and  offer  his  evidence  in  support  thereof. 

4.  The  parties  may  then  respectively  offer  rebutting  testi- 
mony only,  unless  the  court,  for  good  reason,  in  furtherance 
of  justice,  permit  them  to  offer  evidence  upon  their  original 
case. 

5.  When  the  evidence  is  concluded,  unless  the  case  is  sub- 
mitted to  the  jury  on  either  side,  or  on  both  sides,  without 
argument,  the  district  attorney,  or  other  counsel  for  the 
people,  and  counsel  for  the  defendant,  may  argue  the  ease 
to  the  court  and  jury ;  the  district  attorney,  or  other  coun- 
sel for  the  people,  opening  the  argument  and  having  the 
right  to  close. 

6.  The  judge  may  then  charge  the  jury,  and  must  do  so 
on  any  points  pertinent  to  the  issue,  if  requested  by  either 
party ;  and  he  may  state  the  testimony  and  declare  the  law. 
If  the  charge  be  not  given  in  writing,  it  must  be  taken  down 
by  the  phonographic  reporter.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  21.J 

NumlDer  of  counsel:   Post,  §  1095. 

Prior  conviction  not  to  be  read  to  jury:  See  ante,  §  1025. 

Oral  charge  to  be  taken  down  by  reporter:  See  post,  §  1127. 

Instructions  to  be  written:   See  post,  §  1127. 

Legislation  §  1093.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proi'.,  §  3SS) ;  in  substance  the  same  as  Crim.  Prac.  Act,  §  362, 
as  amended  by  Stats.  1855,  p.  275,  §  1,  except  that  it  did  not  contain 
the  phrase  relating  to  the  court  reporter,  ^\'hen  §  1093  was  enacted 
in  1872,  (1)  the  introductory  paragraph  did  not  contain  the  words 
"unless  otherwise  directed  by  the  court"  (added  in  1873-74);  (2) 
subd.  1  read,  "1.  If  the  indictment  is  for  felony,  the  clerk  must  read 
it  and  state  the  plea  of  the  defendant  to  the  jury.  In  all  other  cases 
this  formality  may  be  dispensed  with";  (3)  subd.  2  had  the  word 
"indictment"  instead  of  "charge"  at  end  of  subdivision  (changed 
in  1880);  (4)  subd.  5  read,  "5.  When  the  evidence  is  concluded, 
unless  the  ease  is  submitted  to  the  jury  on  either  side,  or  on  both 
sides,  without  argument,  the  district  attorney  or  other  counsel  for 
the  people  must  open  and  the  district  attorney  may  conclude  the 
argument";  (5)  subd.  G  had  "The  judge  must"  instead  of  "The  judge 
may"  (changed  in  1873-74). 

2.  Amended  by  Code  Amdts.  1873-74,  p.  444,  and  differed  from 
the  amendment  of  1880   (the  present  section),   (1)   subd.  2  reading, 


523  ORDER  OF  TRIAL.      COUNSEL.      PRESUMPTIONS.  §  1097 

'Tirst- — If  the  indictment  be  for  felony,  the  clerk  must  read  it,  and 
state  the  plea  of  the  defendant  to  the  jury,  and  in  cases  where  the 
indictment  charges  a  previous  conviction  and  the  defendant  has  con- 
fessed the  same,  the  clerk  iu  reading  such  indictment  shall  omit 
therefrom  all  that  relates  to  such  previous  conviction.  In  all  other 
cases  this  formality  may  be  dispensed  with";  (2)  subd.  2  had  the 
word  "indictment"  instead  of  "charge"  at  end  of  subdivision. 
3.  Amended  by  Code  Amdts.  1880,  p.  21. 

§  1094.     When  order  of  trial  may  be  departed  from.    When 
the  state  of  the  pleadings  requires  it,  or  in  any  other  case, 
for  good  reasons,  and  in  the  sound  discretion  of  the  court, 
the  order  prescribed  in  the  last  section  may  be  departed  from. 
Legislation  §  1094.     Enacted  February  14,  1872;  in  the  exact  lan- 
guage  of   Crim.  Prac.  Act,  §  363,  as  amended  by  Stats.   1854,  Kerr 
ed.  p.  170,  Bedding  ed.  p.  81,  §  4. 

§  1095.  Number  of  counsel  who  may  argue  the  case  to  the 
jury.  If  the  indictment  or  information  be  for  an  offense 
punishable  with  death,  two  counsel  on  each  side  may  argue 
the  cause  to  the  jury.  If  it  be  for  any  other  offense,  the 
court  may,  in  its  discretion,  restrict  the  argument  to  one 
counsel  on  each  side.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  21.] 

Order  of  argument  is  subject  to  discretion  of  court:  See  ante, 
§  1094. 

Legislation  §  1095.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1S51,  p.  252,  §  364,  which  read:  "§364.  If  the  in- 
dictment be  for  an  offense  punishable  with  death,  two  counsel  on 
each  side  may  argue  the  cause  to  the  jury,  in  which  case  they  must 
do  so  alternately.  If  it  be  for  any  other  offense  the  court  may  in 
its  discretion  restrict  the  argument  to  one  counsel  on  each  side." 

2.  Amended  by  Code  Amdts.  1880,  p.  21,  (1)  inserting  "or  infor- 
mation" after  "indictment,"  and  (2)  changing  "is"  to  "be"  in  both 
instances. 

§  1096.     Defendant  presumed  innocent  until  the  contrary 
is  proved.     Reasonable  doubt.     A  defendant  in  a  criminal 
action  is  presumed    to    be    innocent    until    the    contrary    is 
proved,  and  in  case  of  a  reasonable  doubt  whether  his  guilt 
is  satisfactorily  shown,  he  is  entitled  to  an  acquittal. 
Burden  of  proof,  when  shifts:  See  post,  §  1105. 
Legislation  §  1096.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  3S9);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  252,  §  365. 

§  1097.  When  reasonable  doubt  as  to  degree,  he  can  be 
convicted  only  of  lowest.  AVhen  it  appears  that  the  defend- 
ant has  committed  a  i:)ublic  offense,  and  there  is  reasonable 
ground  of  doubt  in  which  of  two  or  more  degrees  he  is  guilty, 
he  can  l)e  convicted  of  the  lowest  of  sneh  degrees  only. 


§  1101  I'KNAL    CODE.  524 

Legislation  §  1097.  Eiiiiclca  Fcbrimry  14,  1872  (N.  Y.  Code  Crim. 
I'loc'.,  §  iit'U);  in  .substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  252,  §  oUG. 

§  1098.  Separate  trials.  AVhen  two  or  more  defendants 
are  jointly  ehaii^ed  with  a  felony,  any  defendant  requiring 
it  must  be  tried  separately.  In  other  cases  the  defendants 
jointly  charged  may  be  tried  separately  or  jointly,  in  the 
discretion  of  the  court.  [Amendment  approved  188U;  Code 
Amdts.  1880,  p.  22.] 

Legislation  §  1098.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  o91);  in  substance  the  same  as  dim.  Prac.  Act,  Stats. 
1851,  p.  252,  §  367. 

2.  Amended  by  Code  Amdts.  1880,  p.  22,  (1)  in  first  sentence,  sub- 
stituting "charged  with"  for  'Indicted  for,"  and  (2)  in  second  sen- 
tence, "charged"  for  "indicted." 

§  1099.  Discharging  one  of  several  defendants  before 
verdict,  that  he  may  be  a  witness.  When  two  or  more  per- 
sons are  included  in  the  same  charge,  the  court  may,  at  any 
time  before  the  defendants  have  gone  into  their  defense,  on 
the  application  of  the  district  attorney,  'direct  any  defendant 
to  be  discharged,  that  he  may  be  a  witness  for  the  people. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  22.] 
Effect  of  discharge:    See  post,  §  1101. 

Legislation  §  1099.  1.  Enacted  February  14,  1872;  in  substance 
the  same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  252,  §  368. 

2.  Amended  by  Code  Amdts.  1880,  p.  22,  (1)  substituting  "charge" 
for  "indictment,"  and  (2)  omitting  "from  the  indictment"  after  "to 
be  discharged." 

§  1100.  Same.  When  two  or  more  persons  are  included 
in  the  same  indictment  or  information,  and  the  court  is  of 
opinion  that  in  regard  to  a  particular  defendant  there  is  not 
sufficient  evidence  to  put  him  on  his  defense,  it  must  order 
him  to  be  discharged  before  the  evidence  is  closed,  that  he 
may  be  a  witness  for  his  co-defendant.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  22.] 

Legislation  §  1100.  1.  Enacted  February  14,  1872;  in  substance 
the  same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  252,  §  369. 

2.  Amended  by  Code  Amdts.  1880,  p.  22,  (1)  inserting  "or  infor- 
mation" after  "indictment,"  and  (2)  omitting  "from  the  indictment" 
after  "to  be  discharged." 

§1101.  Effect  of  such  discharge.  The  order  mentioned 
in  the  last  two  sections  is  an  acquittal  of  the  defendant  dis- 
charged, and  is  a  bar  to  another  prosecution  for  the  same 
offense. 

Jeopardy:   Ante,  §  687. 

Legislation  §  1101.  Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  252.  §  .'37(1. 


525  RULES  OP  EVIDENCE.      TREASON.      PERJURY.  s^  1104 

§  1102.  Rules  of  evidence  in  civil  applicable  to  criminal 
cases,  except,  etc.  The  rules  of  evideuce  iu  civil  actions  are 
applicable  also  to  criminal  actions,  except  a.s  otherwise  pro- 
vided in  this  code. 

Evidence  in  civil  cases:  Code  Civ.  Proc,  Part  IV. 
Reporter's  notes  as  evidence:  See  Code  Civ.  Proc,  §  273. 
Legislation  §  1102.     Enacted  Febmarv  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §392). 

§  1103.  Evidence  on  trial  for  treason.  Upon  a  trial  for 
treason,  the  defendant  cannot  be  convicted  unless  upon  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  upon 
confession  in  open  court :  nor  can  evidence  be  admitted  of  an 
overt  act  not  expressly  charged  in  the  indictment  or  informa- 
tion ;  nor  can  the  defendant  be  convicted  unless  one  or  more 
overt  acts  be  expressly  allesed  therein.  [Amendment  ap- 
proved 1880;  Code  Amdts.  18^80,  p.  22.] 

Treason:  U.  S.  Const.,  art.  ill,  §  3,  subd.  1;  Const.  1879,  art.  i, 
§  20;   Code  Civ.  Proc,  §  1968. 

Treason,  proof  of:   See  Code  Civ.  Proc,  §§  1844,  1968. 

Legislation  §  1103.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  396,  397);  in  substance  the  same  as  Crim.  Prac.  Act, 
Stats.  1851,  p.  252,  §§  371,  372. 

2.  Amended  by  Code  Amdts.  1880,  p.  22,  inserting  "or  informa- 
tion" after  "indictment."' 

§  1103a.  Perjury,  how  proved.  Perjury  must  be  proved 
by  the  testimony  of  two  witnesses,  or  of  one  witness  and  cor- 
roborating circumstances. 

Perjury,  proof  of:  See  Code  Civ.  Proc,  §§  1844,  1968. 
Legislation  §  1103a.     1.  Addition  by  Stats.  1901,  p.  4S7;  unconsti- 
tutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  696;  the  code  commissioner  saying, 
"This  section  is  composed  of  matter  taken  from  §  1968  of  the  Code 
of  Civil  Procedure." 

§  1104.  Evidence  on  trial  for  conspiracy.  Upon  a  trial 
for  conspiracy,  in  a  case  where  an  overt  act  is  necessary  to 
constitute  the  oifense,  the  defendant  cannot  be  convicted 
unless  one  or  more  overt  acts  are  expressly  alleged  in  the  in- 
dictment or  information,  nor  unless  one  of  the  acts  alleged 
is  proved;  but  other  overt  acts  not  alleged  may  be  given  in 
evidence.  [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  22.] 

Legislation  §  1104.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  398);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  252,  §  373. 

2.  Amended  by  Code  Amdts.  1880,  p.  22,  (1)  inserting  "or  in- 
formation" after  "indictment,"  and  (2)  omitting  "in  the  indictment" 
after  "not  alleged." 


5;  1107  PENAL  CODE.  526 

§  1105.  When  burden  of  proof  shifts  in  trials  for  murder. 
Upon  a  trial  lOf  iiiiirdcr,  llir  ('oiiiinissioii  ol'  llic  lioiiiii'liU;  hy 
the  derciidjiiil  hciiiu'  ])i'()\('(l,  llic  burden  of  proving  eircum- 
stances  ol'  luitis^atioji.  or  that  justify  or  excuse  it,  devolves 
upon  him,  unless  tlie  proof  on  the  part  of  the  prosecution 
tends  to  sliow  that  the  crime  committed  only  amounts  to 
manslaughter,  or  that  the  defeiulant  was  .iustitiable  or 
excusable. 

Legislation  §  1105.  Euaited  February  14,  1872;  based  on  Crimes 
and  Piniisliment  Act,  Stats.  1850,  p.  232,  §  37,  which  read:  "§37. 
Th(>  killing  being  proved,  the  burden  of  proving  circumstances  of 
mitigation,  or  that  justify  or  excuse  the  homicide,  will  devolve  on 
the  accused,  unless  the  proof  on  the  part  of  the  prosecution  suffi- 
ciently manifests  that  the  crime  committed  only  amounts  to  man- 
slaughter, or  that  the  accused  was  justified  or  excused  in  committing 
the  homicide." 

§  1106.  Evidence  on  a  trial  for  bigamy.  Upon  a  trial  for 
bigamy,  it  is  not  necessary  to  prove  either  of  the  marriages 
by  the  register,  certificate,  or  other  record  evidence  thereof, 
but  the  same  may  be  proved  by  such  evidence  as  is  admissible 
to  prove  a  marriage  in  other  cases ;  and  "when  the  second 
marriage  took  place  out  of  this  state,  proof  of  that  fact, 
accompanied  with  proof  of  cohabitation  thereafter  in  this 
state,  is  sufficient  to  sustain  the  charge. 
Bigamy,  defined:   Ante,  §  281. 

Legislation  §  1106.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  121,  as  amended  by  Stats.  1861,  p.  415,  §  1;  so 
much  of  §  121  as  related  to  the  subject  of  the  present  section  read- 
ing, "It  shall  not  be  necessary  to  prove  either  of  the  said  marriages 
by  the  register,  or  certificate,  thereof,  or  other  record  evidence,  but 
the  same  may  be  proved  by  such  evidence  as  is  admissible  to  prove 
a  marriage  in  other  cases,  and  when  such  second  marriage  shall  have 
taken  place  without  this  state,  cohabitation  in  this  state,  after  such 
second  marriage,  shall  be  deemed  the  commission  of  the  crime  of 
bigamy." 

§  1107.  Evidence  upon  a  trial  for  forging  bank  bills,  etc. 
Upon  a  trial  for  forging  any  bill  or  note  purporting  to  be  the 
bill  or  note  of  an  incorporated  company  or  bank,  or  for 
passing,  or  attempting  to  pass,  or  having  in  possession  with 
intent  to  pass,  any  such  forged  bill  or  note,  it  is  not  neces- 
sary to  prove  the  incorporation  of  such  bank  or  company 
by  the  charter  or  act  of  incorporation,  but  it  may  be  proved 
by  general  reputation ;  and  persons  of  skill  are  competent 
witnesses  to  prove  that  such  bill  or  note  is  forged  or 
counterfeited. 

Forgery  and  counterfeiting:  See  ante,  §  470. 

Legislation  §  1107.     Enacted  February  14,  1872;  in  substance  the 

same  as  Crimes  and  Punishment  Act,  Stats.  1850,  p.  238,  §  79. 


527      ABORTION.      LOTTERY  TICKETS.       FALSE  PRETENSES.       §  ]  110 

§  1108.    Abortion  and  seduction,  evidence  upon  a  trial  for. 

Upon  a  trial  for  procuring  or  attempting  to  procure  an  abor- 
tion, or  aiding  or  assisting  therein,  or  for  inveigling,  en- 
ticing, or  taking  away  an  unmarried  female  of  previous 
chaste  character,  under  the  age  of  eighteen  years,  for  the 
purpose  of  prostitution,-  or  aiding  or  assisting  therein,  the 
defendant  cannot  be  convicted  upon  the  testimony  of  the 
woman  upon  or  with  whom  the  offense  was  committed,  un- 
less she  is  corroborated  by  other  evidence.  [Amendment 
approved  1905;  Stats.  1905,  p.  696.] 

Legislation  §  1108.     1.  Enacted  February  14,  1872. 

2.  Amendment  by  Stats.  1901,  p.  487;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  696,  substituting  "eighteen  years" 
for  "twenty-five  years'';  the  code  commissioner  saying,  "The  pur- 
pose is  to  conform  the  section  to  the  provisions  of  §  266." 

§  1109.  Evidence  on  a  trial  for  selling',  etc.,  lottery 
tickets.  Upon  a  trial  for  the  violation  of  any  of  the  pro- 
visions of  chapter  nine,  title  nine,  part  one  of  this  code,  it 
is  not  necessary  to  prove  the  existence  of  any  lottery  in 
which  any  lottery  ticket  purports  to  have  been  issued,  or  to 
prove  the  actual  signing  of  any  such  ticket  or  share,  or 
pretended  ticket  or  share,  of  any  pretended  lottery,  nor 
that  any  lottery  ticket,  share,  or  interest  was  signed  or  is- 
sued by  the  authority  of  any  manager,  or  of  any  person 
assuming  to  have  authority  as  manager;  but  in  all  eases 
proof  of  the  sale,  furnishing,  bartering,  or  procuring  of  any 
ticket,  share,  or  interest  therein,  or  of  any  instrument  pur- 
porting to  be  a  ticket,  or  part  or  share  of  any  such  ticket, 
is  evidence  that  such  share  or  interest  was  signed  and  issued 
according  to  the  purport  thereof. 

"Provisions  of  chapter  nine,  title  nine,  part  one,  of  this  code"; 

Ante,  §§  319-326. 

Legislation  §  1109.  Enacted  Februar}-  14,  1872;  iu  substance  the 
same  as  Stats.  1861,  p.  231,  §  12. 

§  1110.  False  pretenses,  evidence  of.  Upon  a  trial  for 
having,  with  an  intent  to  cheat  or  defraud  another  de- 
signedly, by  any  false  pretense,  obtained  the  signature  of 
any  person  to  a  written  instrument,  or  having  obtained  from 
any  person  any  labor,  money,  or  property,  whether  real  or 
personal,  or  valuable  thing,  the  defendant  cannot  be  con- 
victed if  the  false  pretense  was  expressed  in  language  un- 
accompanied by  a  false  token  or  writing,  unless  the  pretense, 
or  some  note  or  memorandum  thereof  is  in  writing,  sub- 
scribed by  or  in  the  handwriting  of  the  defendant,  or  unless 
the  pretense  is  proven  by  the  testimony  of  two  witnesses,  or 


^  1112  pi!:NAL  CODE.  528 

that  ol"  one  witness  and  corroborating  circumstances ;  but 
this  section  does  not  apply  to  a  prosecution  for  falsely  rep- 
resenting   or    personating    anotlier,  and,  in    such    assumed 
character,  marrying,  or  receiving  any  money  or  property. 
[Anienchueiit  appi-oved  VM)C);  Stats.  1905,  p.  696.] 
Marrying  uuder  false  personation:   See  ante,  §  528. 
Legislation  §  1110.     1.  Enacteil    February    14,    1872;    in    substance 
the  same  as  (.'rim.  Prac.  Act,  §  ?»76,  as  amended  by  Stats.  1S62,  p.  53, 
§  1,  except  that  it  did  not  contain  tlie  excepting  clause  at  tlie  end 
of  the  code  section. 

2.  Amendment  by  Stats.  1901,  j).  4S7;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  69G,  chanoing  (1)  "any  money,  per- 
sonal ])roperty,"  to  "any  labor,  money,  or  property,  whether  real  or 
personal,"  (2)  "be"  to  "is"  before  "in  writing"  and  before 
"proven,"  and  (3)  "shall"  to  "does"  before  "not  apply";  the  code 
commissioner  saying  of  the  first  change,  "thus  conforming  the  sec- 
tion to  the  amendment  to  §  532." 

§  1111.  Conviction  on  testimony  of  accomplice.  Accom- 
plice defined.  A  conviction  cannot  l)e  had  upon  the  testi- 
mony of  an  accomplice  unless  it  be  corroborated  by  such 
other  evidence  as  shall  tend  to  connect  the  defendant  with 
the  commission  of  the  offense;  and  the  corroboration  is  not 
sufficient  if  it  merely  shows  the  commission  of  the  offense 
or  the  circumstances  thereof.  An  accomplice  is  hereby  de- 
fined as  one  who  is  liable  to  prosecution  for  the  identical 
offense  charged  against  the  defendant  on  trial  in  the  cause 
in  which  the  testimony  of  the  accomplice  is  given.  [Amend- 
ment approved  1915;  Stats.  1915,  p.  760.] 

Legislation  §  1111.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  399) ;  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  252, 
§  375,  which  read:  "§  375.  A  conviction  cannot  be  had  upon  the 
testimony  of  an  accomplice,  unless  he  be  corroborated  by  such  other 
evidence  as  shall  tend  to  connect  the  defendant  with  the  commis- 
sion of  the  offense:  and  the  corroboration  shall  not  be  sufScient  if 
it  merely  show  the  commission  of  the  offense  or  the  circumstances 
thereof."  As  enacted  in  1872  the  section  read:  "A  conviction  can- 
not be  had  on  the  testimony  of  an  accomplice,  unless  he  is  corrobor- 
ated by  other  evidence  which  in  itself,  and  without  the  aid  of  the 
testimony  of  the  accomplice,  tends  to  connect  the  defendant  with 
the  commission  of  the  offense;  and  the  corroboration  is  not  sufficient, 
if  it  merely  shows  the  commission  of  the  offense,  or  the  circum- 
stances thereof." 

2.  Amended  by  Stats.  1911,  p.  484,  to  read:  "A  conviction  cannot 
be  had  upon  the  testimony  of  an  accomplice,  unless  he  be  corrobor- 
ated by  such  other  evidence  as  shall  tend  to  connect  the  defendant 
with  the  commission  of  the  offense;  and  the  corroboration  is  not 
sufficient  if  it  merely  shows  the  commission  of  the  offense  or  the 
circumstances  thereof." 

3.  Amended  by  Stats.  1915,  p.  760. 

§  1112.  If  the  evidence  shov^^  higher  offense  than  the  one 
charged,  proceedings  to  be  had  thereon.  [Repealed  1880; 
Code  Amdts.  1880,  p.  6.] 


529  THE  TKIAL.       DISCHARGE  OF  JURY.  §  1115 

Legislation  §  1112.  1.  Enacted  February  14,  1872  (N.  Y.  Grim. 
Prac.  Act,  §40(1);  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  253, 
S§  379,  3.SU. 

2.  Kepoaled   by   Godc   Amdts.   1880,  p.   0. 

Another  section  numbered  1112,  entitled  "Conviction  of  accessory 
after  the  fact,"  was  added  by  Stats.  1901,  p.  487;  unconstitutional. 
See  note,  §  o,  ante. 

§  1113.  Court  may  discharge  jury  when  it  has  not  juris- 
diction, etc.  The  court  may  direct  the  jury  to  be  discharged 
where  it  appears  that  it  has  not  jurisdiction  of  the  oif  ense,  or 
that  the  facts  charged  do  not  constitute  an  offense  punish- 
able by  law.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  22.] 

Jurisdiction  generally:  See  ante,  §§  777  et  seq. 

Legislation  §  1113.  1.  Enacted  February  14,  1872  (N.  Y.  Gode 
Grim.  Proc,  §  4U2) ;  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
1851,  p.  253,  §  381. 

2.  Amended  by  Code  Amdts.  1880,  p.  22,  omitting  "in  the  indict- 
ment"  after   "facts   charged.'' 

§  1114.  Proceeding-  if  jury  discharged  for  want  of  juris- 
diction of  offense  committed  out  of  the  state.  If  the  jury  be 
discharged  because  the  court  has  not  jurisdiction  of  the 
offense  charged,  and  it  appear  that  it  was  committed  out 
of  the  jurisdiction  of  this  state,  the  defendant  must  be  dis- 
charged. [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  22.] 

Crime  committed  out  of  state:   Ante,  §  27,  subd.  3. 

Jurisdiction:   See  ante,  §§  778,  793,  794. 

Legislation  §  1114.  1.  Enacted  February  14,  1872  (N.  Y.  Gode 
Grim.  Proc,  §  403);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
1851,  p.  253,  §  382. 

2.  Amended  by  Gode  Amdts.  1880,  p.  22,  (1)  changing  "is"  to 
"be"  after  "If  the  jury";  (2)  omitting  "in  the  indictment"  after 
"offense  charged";   (3)  changing  "appears"  to  "appear." 

§  1115.  Proceeding  in  such  case,  when  offense  committed 
in  the  state.  If  the  offense  was  committed  within  the  ex- 
clusive jurisdiction  of  another  county  of  this  state,  the  court 
must  direct  the  defendant  to  be  committed  for  such  time  as ' 
it  deems  reasonable,  to  await  a  warrant  from  the  proper 
county  for  his  arrest ;  or  if  the  offense  is  a  misdemeanor 
only,  it  may  admit  him  to  bail  in  an  undertaking,  with  suffi- 
cient sureties,  that  he  will,  within  such  time  as  the  court 
may  appoint,  render  himself  amenable  to  a  Avarrant  for  his 
arrest  froln  the  proper  county;  and,  if  not  sooner  arrested 
thereon,  will  attend  at  the  office  of  the  sheriff  of  the  county 
where  the  trial  was  had,  at  a  certain  time  particularly 
specified  in  the  undertaking,  to  surrender  himself  upon  the 

Pen.  Code — 34= 


§1117  PENAL    CODE.  530 

warrant,  if  issued,  or  thnt  his  ])ail  will  forfeit  such  sum  as 
the  eourt  may  fix,  to  be  mentioned  in  tlie  undei'laking;  and 
the  clerk  must  forthwith  transmit  a  certified  copy  of  the 
indictment  or  information,  and  of  all  the  papers  filed  in  the 
action,  to  the  district  attorney  of  the  proper  county,  the 
expense  of  Avhich  transmission  is  chargeable  to  that  county. 
[Amendment  approved  1880  ;  Code  Amdts.  1880,  p.  22.] 

Legislation  §  1115.  1.  Enactca  Februaiy  14,  1872  (N.  Y.  Co<le 
Ciini.  Plot'.,  §§  404,  407);  iu  substanne  the  same  as  Grim.  Prac.  Act, 
Stats.  1851,  p.  253,  §§  383,  384. 

2.  Amended  by  Code  Amdts.  1880,  p.  22,  (1)  chanyin;,^  "suflicicnt 
securities"  to  "sutEcieiit  sureties,"'  and  (2)  adding  "or  int'orniation" 
after  "indictment." 

§  1116.  Same.  If  the  defendant  is  not  arrested  on  a  w'ar- 
want  from  the  proper  county,  as  provided  in  section  eleven 
hundred  and  fifteen,  he  must  be  discharged  from  custody, 
or  his  bail  in  the  action  is  exonerated,  or  money  deposited 
instead  of  bail  must  be  refunded,  as  the  case  may  be,  and 
the  sureties  in  the  undertaking,  as  mentioned  in  that  sec- 
tion, must  be  discharged.  If  he  is  arrested,  the  same  pro- 
ceedings must  be  had  thereon  as  upon  the  arrest  of  a 
defendant  in  another  county  on  a  warrant  of  arrest  issued 
by  a  magistrate. 

Legislation  §  1116.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §§  40(3,  407);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 

1851,  p.  254,  §§  385,  386. 

§  1117.  Proceedings  if  jury  discharged  because  the  facts 
do  not  constitute  an  offense.  If  the  jury  is  discharged  be- 
cause the  facts  as  charged  do  not  eon.stitute  an  offense  pun- 
ishable by  law,  the  court  must  order  that  the  defendant,  if 
in  custody,  be  discharged ;  or  if  admitted  to  bail,  that  his 
bail  be  exonerated ;  or  if  he  has  deposited  money  instead  of 
bail,  that  the  money  be  refunded  to  him,  unless  in  its  opinion 
a  new  indictment  or  information  can  be  framed  upon  which 
the  defendant  can  be  legally  convicted,  in  which  case  it 
jnay  direct  the  district  attorney  to  file  a  new  information, 
or  (if  the  defendant  has  not  been  committed  by  a  magis- 
trate) direct  that  the  case  be  submitted  to  the  same  or 
another  grand  jury ;  and  the  same  proceedings  must  be  had 
thereon  as  are  prescribed  in  section  nine  hundred  and 
ninety-eight;  provided,  that  after  such  order  or  submission 
the  defendant  may  be  examined  before  a  magistrate,  and 
discharged  or  committed  by  him  as  in  other  cases,*  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  23.] 

Legislation  §  1117.     1.  Enacted    February    14,    1872    (N.    Y.    Code 

Crim.  Proc,  §§  408,  409);  in  substance  the  same  as  Crim.  Prac.  Act, 


531  ADVISING   ACQUITTAL.      JUROR 's   KNOWLEDGE.         §1120 

Stats.  IS.j],  p.  2.34.  §§387,  388.  Wlicii  ciiac.ttMl  in  1S72,  §  1117  read: 
"1117.  If  the  jury  is  discharged  Ijccause  the  facts  as  charged  do  not 
constitute  an  otfensc  punishable  by  law,  the  court  must  order  that 
the  defendant,  if  in  custody,  be  discharged;  or  if  admitted  to  bail, 
that  his  bail  be  exonerated;  or  if  he  has  deposited  money  instead 
of  bail,  that  the  money  be  refunded  to  him,  unless  in  its  opinion 
a  new  indictment  can  be  framed  upon  which  the  defendant  can  be 
legally  convicted,  in  which  case  it  may  direct  that  the  case  be  sub- 
mitted to  the  same  or  another  grand  jury;  and  if  the  court  directs 
that  the  case  be  submitted  anew,  the  same  proceedings  must  be  had 
thereon  as  are  prescribed  in  section  998." 
a.  Amended  by  Code  Amdts.  1880,  p.  23. 

§  1118.  When  evidence  on  either  side  is  closed,  court  may 
advise  jury  to  acquit.  If,  at  any  time  after  the  evidence  on 
either  side  is  closed,  the  court  deems  it  insufficient  to  war- 
rant a  conviction,  it  may  advise  the  jury  to  acquit  the 
defendant.     But  the  jury  are  not  bound  by  the  advice. 

Legislation  §  1118.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §410);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  254,  §  389. 

§  1119.  View  of  premises,  when  ordered  and  how  con- 
ducted. When,  in  the  opinion  of  the  court,  it  is  proper 
that  the  jury  should  view  the  place  in  which  the  offense  is 
charged  to  have  been  committed,  or  in  which  any  other 
material  fact  occurred,  it  may  order  the  jury  to  be  con- 
•ducted  in  a  body,  in  the  custody  of  the  sheriff,  to  the  place, 
which  must  be  shown  to  them  by  a  person  appointed  by  the 
court  for  that  purpose;  and  the  sheriff  must  be  sworn  to 
suft'er  no  person  to  speak  or  communicate  with  the  jury, 
nor  to  do  so  himself,  on  any  subject  connected  with  the  trial, 
and  to  return  them  into  court  without  unnecessary  delay, 
or  at  a  specified  time. 

Legislation  §  1119.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §411);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  254,  §§  390, 
391;  §  390  being  in  substance  the  same  as  first  clause  of  the  code 
section,  and  §  391  reading,  "§  391.  No  person  shall  be  suffered  to 
speak  to  the  jurj-  on  any  subject  connected  with  the  trial,  and  the 
officer  shall  return  them  into  court  without  unnecessary  delay,  or 
at  a  specified  time." 

§  1120.  Knowledge  of  juror  to  be  declared  in  court,  and 
he  to  be  sworn  as  a  witness.  If  a  juror  has  any  personal 
knowledge  respecting  a  fact  in  controversy  in  a  cause,  he 
must  declare  the  same  in  open  court  during  the  trial.  If, 
during  the  retirement  of  the  jury,  a  juror  declare  a  fact 
which  could  be  evidence  in  the  cause,  as  of  his  own  knowl- 
edge, the  jury  must  return  into  court.  In  either  of  these 
cases,  the  juror  making  the  statement  must  be  sworn  as  a 
witness  and  examined  in  the  presence  of  the  parties. 


;^  1124  PKN'AL   CODE.  532 

Legislation  §  1120.  Kriactcd  Fi'lnurn  v  11.  1872  (N.  Y.  Code  Crini. 
Proc,  §   1 '•>)  ;   in  siihst;iiico  tlio  sanu'  ns  ('rim.   J'rnc.   .\i't,  Stuls.   IS")!, 

p.  254,  s  ;;ii2. 

§  1121.     Jurors  may  be  permitted  to  separate  during  trial. 

The  jurors  sworn  to  try  an  action  may,  at  any  tiino  before 
the  submission  of  the  cause  to  the  jury,  in  the  discretion  of 
the  court,  l)e  permitted  to  separate  or  be  kept  in  charge  of 
a  proper  officer.  The  officer  must  be  sworn  to  keep  the 
jurors  together  until  the  next  meeting  of  the  court,  to  suffer 
no  person  to  speak  to  them  or  communicate  Avith  them,  nor 
to  do  so  himself,  on  any  subject  connected  with  the  trial, 
and  to  return  them  into  court  at  the  next  meeting  thereof. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  23.] 

Oath    and   duty  of   officer   having    custody   of    juror:    See   post, 

§§  1128,  1440. 

Legislation  §  1121.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proe.,  §414);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
1851,  p.   255,  §  393. 

2.  Amended  by  Code  Amdts.  1880,  p.  23,  in  tlrst  sentence,  substi- 
tuting "action"  for  "indictment." 

§  1122.  Jury  at  each  adjournment  must  be  admonished, 
etc.  The  jury  must  also,  at  each  adjournment  of  the  court, 
whether  permitted  to  separate  or  kept  in  charge  of  officers, 
be  admonished  by  the  court  that  it  is  their  duty  not  to  con-_ 
verse  among  themselves  or  with  any  one  else  on  any  subject 
connected  Avith  the  trial,  or  to  form  or  express  any  opinion 
thereon  until  the  cause  is  finally  submitted  to  them. 

Legislation  §  1122.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §415);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.  255,  §  394. 

§  1123.  Proceeding's  Vi^hen  juror  becomes  unable  to  per- 
iorm  his  duties.  If,  before  the  conclusion  of  the  trial,  a 
juror  becomes  sick,  so  as  to  be  unable  to  perform  his  duty, 
the  court  may  order  him  to  be  discharged.  In  that  case  a 
new  juror  may  be  sworn  and  the  trial  begin  anew,  or  the 
jury  may  be  discharged  and  a  new  jury  then  or  afterwards 
impaneled. 

Discharge  of  jury:  See  post,  §  1139. 

Proceedings  where  juror  becomes  sick:  See  ante,  §  1089,  post, 
§  1139. 

Alternate  jurors,  provision  for:  See  ante,  §  1089. 

Legislation  §  1123.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  416);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.  255,  §  395. 

§  1124.  Court  to  decide  questions  of  law  arising  during 
trial.  The  court  must  decide  all  questions  of  law  which 
arise  in  the  course  of  a  trial. 


533     DECISIONS  OF  QUESTIONS  OF  LAW.       CHARGING  JUKV.      §1127 

Court  to  decide  questions  of  law:  See  post,  §§  1126,  1439. 

Jury  to  determine  law  and  fact  in  libel:  See  ante,  §251  j  post, 
§§  1125,  1126. 

Legislation  §  1124.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §417);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.  255,  §  396. 

§  1125.     On  trial  for  libel  jury  to  determine  law  and  fact. 

On  a  trial  for  libel,  the  jury  has  the  right  to  determine  the 
law  and  the  fact.  [Amendment  approved  1880 ;  Code 
Amdts.  1880,  p.  23.] 

Same  principle:   Const.  1879,  art.  i,  §  9. 

Jury  determines  law  and  fact:   See  ante,  §  251;  post,  §  1126. 

Verdict  in  libel:   See  post,  §  1150. 

Legislation  §  1125.  1.  Enacted  February  14,  1872  (K  Y.  Code 
Grim.  Proc,  §  418);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  255,  §397.  When  enacted  in  1872,  §  1125  read:  "1125.  On 
the  trial  of  an  indictment  for  libel  the  jury  have  the  right  to  deter- 
mine the  law  and  the  fact." 

2.  Amended  by  Code  Amdts.  1880,  n.  23. 

§  1126.  In  air  other  cases  court  to  decide  questions  of 
law.  On  a  trial  for  any  other  offense  than  libel,  questions 
of  law  are  to  be  decided  by  the  court,  questions  of  fact  by 
the  jury;  and,  although  the  jury  have  the  power  to  find  a 
general  verdict,  which  includes  questions  of  law  as  well  as 
of  fact,  they  are  bound,  nevertheless,  to  receive  as  law  what 
is  laid  down  as  such  by  the  court.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  23.] 

In  libel  jury  decides  law  and  fact:  See  Const.  1879,  art.  i,  §  9. 
See  also  ante,  §§  251,  1125. 

Court  to  decide  questions  of  law:   See  ante,  §  1124;   post,  §  1439. 

Verdict  in  libel:   See  post,  §  1150. 

Legislation  §  1126.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §419);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  255, 
§  398  which  read:  "§  398.  On  the  trial  of  an  indictment  for  any  other 
offense  than  libel,  questions  of  law  are  to  be  decided  by  the  court, 
saving  the  right  of  the  defendant  to  except  questions  of  fact  by 
the  jury,  and  altliough  the  jury  have  the  power  to  find  a  general 
verdict,  which  includes  questions  of  law  as  well  as  of  fact,  they  are 
bound,  nevertheless,  to  receive  as  law  what  is  laid  down  as  such  by 
the  court." 

2.  Amended  by  Code  Amdts.  1880,  p.  23,  changing  ''On  the  trial 
of  an  indictment  for"  to  "On  a  trial  for." 

§  1127.  Duty  of  court  in  charging-  jury.  In  charging  the 
jury  the  court  must  state  to  them  all  matters  of  law  neces- 
sary for  their  information.  All  instructions  given  (except 
such  as  might  incidentally  be  given  during  the  admission 
of  evidence)  shall  be  in  writing,  unless  both  parties  request 
the  giving  of  an  oral  instruction,  or  consent  thereto,  and 
when  .so  given  orallv,   all  instriu'tioiis  iinust  be  taken  down 


§  1128  PKNAL  coDi':.  534: 

l)y  tlic  ])lioiH)ji'i-<ii)lii('  i-cporter.  Either  party  may  present 
to  the  court  any  written  charge,  and  re(]uest  tliat  it  be  given. 
If  the  court  tliinks  it  correct  and  pertinent,  it  must  be  given ; 
if  not,  it  must  be  reluscd.  Upon  each  cliarge  presented  and 
given  or  refused,  the  court  must  indorse  and  sign  its  de- 
cision. If  part  be  given  and  part  refused,  the  court  must 
distinguish,  showing  by  the  indorsement  what  part  of  the 
charge  was  given  and  what  part  refused.  [Amendment 
approved  1897;  Stats.  1897,  p.  184.] 

Instructions:  See  ante,  §  lOf)?.. 

Charging  jurors  upon  questions  of  fact:  Ante,  §  109.3,  subd.  6. 

Oral  instructions  to  be  taken  down:  Ante,  §  1093,  subd.  6. 

Presumption  of  innocence:    Ante,  §  1096. 

Indorsement  of  decision  on  instructions:   See  post,  §  1176. 

Legislation  §  1127.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crini.  Prop..  §420);  based  on  Crim.  Prac."  Aft,  Stats.  1851,  p.  2.5.o, 
§§  399,  400,  401,  which  read:  "§  399.  In  charging  the  jury  the  court 
shall  state  to  them  all  such  matters  of  law  as  it  shall  think  neces- 
sary for  their  information  in  giving  their  verdict.  §  400.  Either 
party  may  present  to  the  court  any  written  charge  and  request  tliat 
it  may  be  given.  If  the  court  think  it  correct  and  pertinent  it 
shall  be  given,  if  not  it  shall  be  refused.  §  401.  Upon  each  charge 
so  presented  and  given  or  refused  the  court  shall  indorse  its  decision 
and  shall  sign  it.  If  part  be  given  and  part  refused  the  court  shall 
distinguish,  showing  by  the  indorsement  what  part  of  the  cliarge 
was  given  and  what  part  refused."  When  enacted  in  1872,  §  1127 
did  not  contain  the  second  sentence  of  the  present  section,  begin- 
ning "All  instructions  given." 

2.  Amended  by  Stats.  1897,  p.  184,  adding  the  second  sentence. 

§  1128.  Jury  may  decide  in  court  or  retire  in  custody  of 
officer.  Oath  of  officers.  After  hearing  the  charge,  the  jury 
may  either  decide  in  court  or  may  retire  for  deliberation. 
If  they  do  not  agree  without  retiring,  an  officer  must  be 
sworn  to  keep  them  together  in  some  private  and  convenient 
place,  and  not  to  permit  any  person  to  speak  to  or  communi- 
cate with  them,  nor  to  do  so  himself,  unless  by  order  of  the 
court,  or  to  ask  them  whether  they  have  agreed  upon  a 
verdict,  and  to  return  them  into  court  when  they  have  so 
agreed,  or  when  ordered  by  the  court. 

Oath  and  duty  of  oflRcer  in  charge  of  jury:  See  ante,  §  1121;  post, 
§  1440. 

Legislation  §  1128.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §421);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  255,  §  402. 
which  read:  "§402.  After  hearing  the  charge  the  jury  may  either 
decide  in  court  or  may  retire  for  deliberation.  If  they  do  not  agree 
without  retiring,  one  or  more  otficers  must  be  sworn  to  keep  them 
together  in  some  private  and  convenient  place,  and  not  to  permit 
any  person  to  speak  to  them,  nor  to  speak  to  them  themselves  unless 
it  be  to  ask  them  whether  thev  haA'e  agreed  upon  a  verdict,  and  to 
return   tlicin   into  court  wlieii    tticv  lia\(>  so  agreed." 


535  COMMITTING  DEFENDANT.       EMBEZZLEMENT.  J^  1131 

§  1129.  When  defendant  on  bail  appears  for  trial  he  may 
be  committed.  ^Vhen  a  defendant  who  has  given  bail  ap- 
pears for  trial,  the  court  may,  in  its  discretion,  at  any  time 
after  his  appearance  for  trial,  order  him  to  be  committed 
to  the  custody  of  the  proper  officer  of  the  county,  to  abide 
the  judgment  or  further  order  of  the  court,  and  he  must  be 
committed  and  held  in  custody  accordingly. 

Legislation  §  1129.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §  422);  iu  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  256,  §  403.' 

§  1130.  If  district  attorney  fails  to  attend,  court  may 
appoint.  If  the  district  attorney  fails  to  attend  at  the  trial, 
the  court  must  appoint  some  attorney  at  law  to  perform 
the  duties  of  the  district  attorney  on  such  trial. 

District  attorney,  duties  of:   Pol.  Code,  §§  4153-4156a. 

Argument:   Ante,  §  1093,  subd.  5. 

Number  of  counsel:  Ante,  §  1095. 

Order  of  argument:   Ante,  §  1093,  subd.  5. 

Legislation  §  1130.  Enacted  February  14,  1872;  based  on  "An 
Act  concerning  District  Attorneys,"  Stats.  ISol,  p.  188,  §  5,  which 
read:  "§  5.  If  he  [the  district  attorney]  fails  to  attend  any  term  of 
those  courts,  [the  district  courts,]  the  court  shall  designate  some 
other  person  to  perform  the  duties  of  district  attorney  during  his 
absence  from  the  court,  who  shall  receive  a  reasonable  compensa- 
tion, to  be  certified  by  the  court,  and  paid  from  the  county 
treasury." 

§  1131.    When    allegations    of    embezzlement   sustained. 

Upon  a  trial  for  larceny  or  embezzlement  of  money,  bank 
notes,  certificates  of  stock,  or  valuable  securities,  the  allega- 
tion of  the  indictment  or  information,  so  far  as  regards  the 
description  of  the  property,  is  sustained,  if  the  offender  be 
proved  to  have  embezzled  or  stolen  any  money,  bank  notes, 
certificates  of  stock,  or  valuable  security,  although  the  par- 
ticular species  of  coin  or  other  money,  or  the  number,  de- 
nomination, or  kind  of  bank  notes,  certificates  of  stock,  or 
valuable  security,  be  not  proved ;  and  upon  a  trial  for  em- 
bezzlement, if  the  offender  be  proved  to  have  embezzled 
any  piece  of  coin  or  other  money,  any  bank  note,  certificate 
of  stock,  or  valuable  security,  although  such  piece  of  coin 
or  other  money,  or  such  bank  note,  certificate  of  stock,  or 
valuable  security,  may  have  been  delivered  to  him  in  order 
that  some  part  of  the  value  thereof  should  be  returned  to 
the  party  delivering  the  same,  and  such  part  shall  have  been 
returned  accordingly.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  24.] 

Legislation  §  1131.     1.  Added  by  Code  Amdts.  1873-74,  p.  445. 

2.  Amended  by  Code  Amdts.  1880,  ]>.  24,  inserting  "or  informa- 
tion" after  "indictment." 


^  1137  PENAL    CODE.  536 


CHAPTER  111. 
Conduct  of  the  Jury  After  the  Cause  is   Submitted  to   Them. 

§  1135.  Room  and  aceonimodations  for  tlie  jury  after  retirement,  how 
provided. 

§  1136.     Juries  to  be  supplied  with  food  and  lodging. 

§  1137.     What  papers  the  jury  may  take  with  them. 

§  1138.     Return  of  jury  for  information. 

§  1139.  If  juror  after  retirement  becomes  sick,  etc.,  jury  to  be  dis- 
charged. 

§  1140.  Not  to  be  discharged  for  any  other  cause,  unless  there  is  no 
reasonable  probability  that  they  can  agree. 

§  1141.  When  jury  discharged  or  prevented  from  giving  a  verdict, 
cause  to  be  again  tried. 

§  11-12.  Court  may  adjourn  during  absence  of  jury,  but  deemed  open 
for   all   purposes   connected   with   cause. 

§  1143.     Jurors'    fees.     Payment    of    same. 

§  1135.  Room  and  accommodations  for  the  jury  after 
retirement,  how  provided.  A  room  must  be  provided  l)y  the 
supervisors  of  each  county  for  the  use  of  the  jury,  upon 
their  retirement  for  deliberation,  with  suitable  furniture, 
fuel,  lights,  and  stationery.  If  the  supervisors  neglect,  the 
court  may  order  the  sheriff  to  do  so,  and  the  expenses  in- 
curred by  him  in  carrying  the  order  into  effect,  when  cer- 
tified by  the  court,  are  a  county  charge. 
Jury  expenses:  See  Pol.  Code,  §  4344,  subd.  2. 
Legislation  §  1135.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §423);   in   substance   the   same   as   Crim.   Prae.   Act,  §  404,   as 

amended  by  Stats.  1863,  p.  160,  §  16. 

§  1136.     Juries  to  be  supplied  with  food  and  lodging. 

While  the  jury  are  kept  together,  either  during  the  progress 
of  the  trial  or  after  their  retirement  for  deliberation,  the 
court  must  direct  the  sheriff  to  provide  the  jury  with  suit- 
able and  sufficient  food  and  lodging,  or  other  reasonable 
necessities.  And  the  auditor,  upon  the  order  of  the  court, 
shall  draw  his  warrant  for  the  expenses  so  incurred,  and  the 
same  shall  be  paid  by  the  treasurer  of  the  county,  or  city 
and  county,  out  of  the  general  fund.  [Amendment  ap- 
proved 1901 ;  Stats.  1901,  p.  654.] 

Legislation  §  1136.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  424);  in  substance  the  same  as  Crim.  Prae.  Act,  Stats. 
1851,  p.  256,  §  405.  When  enacted  in  1872,  §  1136  read:  "1136.  While 
the  jury  are  kept  together,  either  during  the  progress  of  the  trial 
or  after  their  retirement  for  deliberation,  they  must  be  provided  by 
the  sheriff,  at  the  expense  of  the  county,  with  suitable  and  sufficient 
food  and  lodging." 

2.  Amended  by  Stats.  1901,  p.  65  1. 

§  1137.     What   papers   the   jury   may   take   with   them. 

Upon  retiring  for  deliberation,  the  jury  may  take  ^vitll  them 


537       CONDUCT  OF  JURY  AFTER  CAUSE  SUBMITTED.    §  1139 

all  papers  (except  depositions)  -which  have  been  received 
as  evidence  in  the  cause,  or  copies  of  such  public  records  or 
private  documents  given  in  evidence  as  ought  not,  in  the 
opinion  of  the  court,  to  be  taken  from  the  person  having 
them  in  possession.  They  may  also  take  with  them  the 
written  instructions  given,  and  notes  of  the  testimony  or 
other  proceedings  on  the  trial,  taken  by  themselves  or  any 
of  them,  but  none  taken  by  any  other  person. 

Legislation  §  1137.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §§  42.5,  426);  based  ou  Crim.  Prae.  Act,  Stats.  1851,  p.  256, 
§§406,  407,  which  read:  "§406.  Upon  retiring  for  deliberation,  the 
jury  may  take  with  them  all  papers  (except  depositions)  which  have 
been  received  as  evidence  in  the  ease,  or  copies  of  such  parts  of 
public  records  or  private  documents  given  in  evidence  as  ought  not 
in  the  opinion  of  the  court  to  be  taken  from  the  person  having  them 
in  possession.  §  407.  The  jury  may  also  take  with  them  notes  of 
the  testimony  or  other  jjioceedings  on  the  trial  taken  by  themselves, 
or  any  of  them,  but  none  taken  by  any  other  person."  The  code 
commissioners  say:  "It  heretofore  rested  in  the  discretion  of  the 
court  to  permit  the  jury  to  take  the  instructions  with  them  to  the 
jury-room.  It  was  frequently  cause  for  their  return  to  inquire  in 
regard  to  the  instructions;  hence  the  necessity  and  propriety  of  the 
change." 

§  1138.  Return  of  jury  for  information.  After  the  jury 
have  retired  for  deliberation,  if  there  be  any  disagreement 
between  them  as  to  the  testimony,  or  if  they  desire  to  be 
informed  on  any  point  of  law  arising  in  the  cause,  they  must 
require  the  officer  to  conduct  them  into  court.  Upon  being 
brought  into  court,  the  information  required  must  be  given 
in  the  presence  of,  or  after  notice  to,  the  district  attorney, 
and  the  defendant  or  his  counsel,  or  after  they  have  been 
called.  [Amendment  approved  1874 ;  Code  Amdts.  1873-74, 
p.  445.] 

Legislation  §  1138.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  427);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  256,  §  408. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  445,  (1)  in  first  sentence, 
changing  "if  there  is"  to  "if  there  be."  and  (2)  adding  "or  after 
they  have  been  called"  at  end  of  section. 

§  1139.  If  juror  after  retirement  becomes  sick,  etc.,  jury 
to  be  discharged.  If,  after  the  retirement  of  the  jury,  one 
of  them  be  taken  so  sick  as  to  prevent  the  continuance  of 
his  duty,  or  any  other  accident  or  cause  occur  to  prevent 
their  being  kept  for  deliberation,  the  jury  may  be  dis- 
charged. 

Proceedings  where  juror  becomes  sick:  See  ante,  §§  1089,  1123. 

Alternate  jurors,  provision  for:   See  ante,  §  1089. 

Legislation  §  1139.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  428) ;  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.   256,  §  409. 


§  1143  PENAL    CODE.  538 

§  1140.     Not  to  be  discharged  for  any  other  cause,  unless 
there  is   no  reasonable   probability  that  they   can  agree. 

Except  as  provided  in  the  last  section,  the  juiy  cannot  be 
discharged  after  the  cause  is  su])niitted  to  thein  until  they 
have  agreed  upon  their  verdict  and  rendered  it  in  open 
court,  unless  by  consent  of  botli  parties,  entered  upon  the 
minutes,  or  unless,  at  the  expiration  of  such  time  as  the 
court  may  deem  proper,  it  satisfactorily  appears  that  there 
is  no  reasonable  probability  that  the  jury  can  agree. 

Legislation  §  1140.     Erniftod  February  14,  1872  (N.  Y.  Code  Crim. 

Proo.,  §  428);  in  substanro  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  2.56,  §  410. 

§  1141.  When  jury  discharged  or  prevented  from  g'iving 
a  verdict,  cause  to  be  ag'ain  tried.  In  all  cases  where  a  jury 
is  discharged  or  prevented  from  giving  a  verdict  by  reason 
of  an  accident  or  other  cause,  except  where  the  defendant 
is  discharged  during  the  progress  of  the  trial,  or  after  the 
cause  is  submitted  to  them,  the  cause  may  be  again  tried. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  24.] 

New  trial:   See  post,  §  1181. 

Jeopardy:   See  ante,  §  687. 

Discharge  without  verdict,  retrial  of  cause:  See  post,  §  1147. 

Legislation  §  1141.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  430);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  256,  §411.  When  enacted  in  1872,  §  1141  read:  "1141.  In 
all  cases  where  a  jury  are  discharged  or  prevented  from  giving  a 
verdict  by  reason  of  an  accident  or  other  cause,  except  where  the 
defendant  is  discharged  from  the  indictment  during  the  progress  of 
the  trial  or  after  the  cause  is  submitted  to  them,  the  cause  may  be 
again  tried  at  the  same  or  another  term." 

2.  Amended  by  Code  Amdts.  1880,  p.  24. 

§  1142.  Court  may  adjourn  during"  absence  of  jury,  but 
deemed  open  for  all  purposes  connected  w^ith  cause.  While 
the  jury  are  absent  the  court  may  adjourn  from  time  to 
time,  as  to  other  business,  but  it  must  nevertheless  be  open 
for  every  purpose  connected  wath  the  cause  submitted  to  the 
jury  until  a  verdict  is  rendered  or  the  jury  discharged. 

Legislation  §  1142.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  431);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.. 257,  §412. 

§1143.  Jurors'  fees.  Payment  of  same.  The  fees  of 
jurors  in  the  superior  courts  of  the  state,  in  criminal  cases, 
shall  be  two  dollars,  in  lawful  money  of  the  United  States, 
for  each  day's  attendance,  and  mileage,  to  be  computed  at 
the  rate  of  fifteen  cents  per  mile  for  each  mile  necessarily 
traveled  in  attending  court,  in  going  only.  Such  fees  and 
mileage  shall  be  paid  by  the  treasurer  of  the  county,  or  city 


539  VERDICT.  §  1147 

and  county,  in  which  the  juror's  services  were  rendered,  out 
of  the  general  fund  of  said  county,  or  city  and  county,  upon 
warrants  drawn  by  the  county  auditor  upon  the  written 
order  of  the  judge  of  the  court  in  which  said  juror  Avas  in 
attendance,  and  the  treasurer  of  said  county,  or  city  and 
county,  shall  pay  said  warrants.  The  board  of  supervisors 
of  each  county,  or  city  and  county,  is  hereby  directed  to 
make  suitable  appropriation  for  the  payment  of  the  fees 
herein  provided  for. 

Legislation  §  1143.  Added  by  Stats.  1901,  p.  290.  The  original 
code  §  1143  read,  "A  final  adjournment  of  the  court  discharges  the 
jury,"  and  was  repealed  by  Code  Anults.  18S0,  p.  (5. 

CHAPTER  IV. 

The  Verdict. 

§  1147.     Return  of  jury. 

§1148.     Appearance  of  defendant. 

§  1149.     Manner  of  taking  verdict. 

§  1150.     Verdict  may  be  general  or  special. 

§  1151.     General  verdict. 

§  1152.     Special  verdict. 

§  1153.     Special  verdict,  how  rendered. 

§1154.     Form   of   special   verdict. 

§  1155.     Judgment   on  special  verdict. 

§  1156.     When  special  verdict  defective,  new  trial  to  be  ordered. 

§  1157.     Jury  to  find  degree  of  crime. 

§  1158.     Jury  may  find  upon  charge  of  previous  conviction. 

§  1159.     Jury  may  convict  of  a  lesser  offense  or  of  an  attempt. 

§  1160.     Verdict  as  to  some  defendants  and  another  trial  as  to  others. 

§  1161.  In  what  cases  court  may  direct  a  reconsideration  of  the  ver- 
dict. 

§  1162.     When  judgment  may  be   given   on  informal  verdict. 

§  1163.     Polling  the  jury. 

§  1164.     Recording  the  verdict. 

§  1165.  Defendant,  when  to  be  discharged  or  detained  after  ac- 
quittal. 

§  1166.  Proceedings  upon  general  verdict  of  conviction  or  a  special 
verdict. 

§  1167.     Proceedings   on   acquittal   on   ground   of  insanity. 

§  1147.  Return  of  jury.  When  the  jury  have  agreed 
upon  their  verdict,  they  must  be  conducted  into  court  by 
the  officer  having  them  in  charge.  Their  names  must  then 
be  called,  and  if  all  do  not  appear,  the  rest  must  be  dis- 
charged without  giving  a  verdict.  In  that  case  the  action 
may  be  again  tried.  [Amendment  approved  1905;  Stats. 
1905,  p.  697.] 

Discharge  without  verdict,  retrial  of  cause:   See  ante,  §  1141. 
Proceedings  when  verdict  reached:   See  post,  §  1164. 
Legislation  §  1147.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.  Proc,  §  433) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  257,  §  414. 


§  1151  PENAL    CODE.  540 

2.  AmtMHliiiciit  liy  Ktats.  1901,  i>.  ]SS;  uin'oiistiliitidiuil.  S(>c  iiote, 
S  ."),  ante, 

3.  Ainomled  by  Stats.  1905,  p.  697,  oinittiug  "ut  the  same,  or  an- 
other term,"  at  end  of  section;  the  code  commissioner  saying,  "be- 
cause then-  are  now  no  terms  of  conrt." 

§1148.  Appearance  of  defendant.  If  cliargcd  with  a 
felony,  the  defendant  nuist,  before  the  verdict  is  received, 
appear  in  person.  If  for  a  misdemeanor,  tlie  verdict  may  be 
rendered  in  his  absence.  [Amendment  approved  1880 ;  Code 
Amdts.  1880,  p.  24.] 

Judgment  in  defendant's  presence:    See   post,  §  1193. 
Legislation  §  1148.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.  Proc,  §  4.")4) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  257,  §415. 

2.  Amended  by  Code  Amdts.  1880,  p.  24,  changing  "If  indicted 
for"  to  "If  charged  with." 

§  1149.  Manner  of  taking*  verdict.  When  the  jury  ap- 
pear they  must  be  asked  by  the  court,  or  clerk,  whether  they 
have  agreed  upon  their  verdict,  and  if  the  foreman  answers 
in  the  affirmative,  they  must,  on  being  required,  declare  the 
same. 

Legislation  §  1149.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §435);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  257,  §  416. 

§  1150.  Verdict  may  be  general  or  special.  The  jury 
may  render  a  general  verdict,  or,  Avhen  they  are  in  doubt 
as  to  the  legal  effect  of  the  facts  proved,  they  may,  except 
upon  a  trial  for  libel,  find  a  special  verdict.  [Amendment 
approved  1880;  Code  Amdts.  1880,  p.  24.] 
Verdict  in  libel:  See  ante,  §§  1125,  1126. 

Legislation  §  1150.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  436) ;  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  257, 
§  417,  which  read:  "§  417.  The  jury  may  either  render  a  verdict,  or 
when  they  are  in  doubt  as  to  the  legal  effect  of  the  facts  proved, 
they  may,  except  upon  an  indictment  for  libel,  file  a  special 
verdict." 

2.  Amended  by  Code  Amdts.  1880,  p.  24,  changing  "an  indict- 
ment" for  "a  trial." 

§  1151.  General  verdict.  A  general  verdict  upon  a  plea 
of  not  guilty  is  either  "guilty"  or  "not  guilty,"  w^hich  im- 
ports a  conviction  or  acquittal  of  the  offense  charged  in  the 
indictment.  Upon  a  plea  of  a  former  conviction  or  acquit- 
tal of  the  same  offense,  it  is  either  ' '  for  the  people  "  or  "  for 
the  defendant."  "When  the  defendant  is  acquitted  on  the 
ground  that  he  was  insane  at  the  time  of  the  commission 
of  the  act  charged,  the  verdict  must  be  "not  guilty  by  rea- 
son of  insanity."     When  the  defendant  is  acquitted  on  the 


541  VERDICT.  §  1155 

gTouncl  of  variance  between  the  indictment  and  the  proof, 
the  verdict  must  be  "not  guilty  by  reason  of  variance  be- 
tween    indictment     and     proof."     [Amendment     approved 
1874;  Code  Amdts.  1873-74,  p.  446.] 
Form  of  verdict:   See  post,  §  1158. 

Legislation  §  1151.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §S  437,  454);  based  on  Crim.  Prac.  Act,  Stats.  1851, 
p.  257,  §  418,  which  read:  "§418.  A  general  verdict  upon  a  plea  of 
not  guilty,  is  either  'guilty'  or  'not  guilty,'  which  imports  a  convic- 
tion or  acquittal  on  every  material  allegation  in  the  indictment. 
Upon  a  plea  of  a  former  conviction  or  acquittal  of  the  same  offense, 
it  is  either  'for  the  people,'  or  'for  the  defendant."  "  When  enacted 
in  1872,  the  section  was  composed  of  the  first  two  sentences  of  the 
present  section. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  44(3,  adding  the  last  two 
sentences. 

§  1152.  Special  verdict.  A  special  verdict  is  that  by 
which  the  jury  find  the  facts  only,  leaving  the  judgment  to 
the  court.  It  must  present  the  conclusions  of  fact  as  estab- 
lished by  the  evidence,  and  not  the  evidence  to  prove  them, 
and  these  conclusions  of  fact  must  be  so  presented  as  that 
nothing  remains  to  the  court  but  to  draw  conclusions  of 
law  upon  them. 

Legislation  §  1152.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §438);  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  257,  §  419. 

§  1153.  Special  verdict,  how^  rendered.  The  special  ver- 
dict must  be  reduced  to  writing  by  the  jury,  or  in  their 
presence  entered  upon  the  minutes  of  the  court,  read  to  the 
jury  and  agreed  to  by  them,  before  they  are  discharged. 

Legislation  §  1153.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §  439) ;  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  257,  §  420. 

§  1154.  Form  of  special  verdict.  The  special  verdict  need 
not  be  in  any  particular  form,  but  is  sufficient  if  it  present 
intelligibly  the  facts  found  by  the  jury. 

Legislation  §  1154.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §440);  in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 
p.  257,  §421. 

§  1155.  Judgment  on  special  verdict.  The  court  must 
give  judgment  upon  the  special  verdict  as  follows : 

1.  If  the  plea  is  not  guilty,  and  the  facts  prove  the  defend- 
ant guilty  of  the  offense  charged  in  the  indictment,  or  of 
any  other  offence  of  which  he  could  be  convicted  under  that 
indictment,  judgment  must  be  given  accordingly.  But  if 
otherwise,  judgment  of  acquittal  must  be  given. 


§  1158  PENAL   CODE.  542 

2.  If  tlic  i)l('a  is  a  former  conviction  or  acquittal  of  the 
same  offense,  tlie  court  must  give  judgment  of  acquittal  or 
conviction,  as  the  facts  prove  or  fail  to  prove  the  former 
conviction  or  acquittal. 

Plea  of  former  judgment  of  conviction  or  acciuittal:  Sec  ante 
§  1016,  subd.  3. 

Legislation  §  1155.  Enacted  Fobniaiv  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §4-12);  liased  on  Crim.  Prac  Act,  Stats.  1851,  p.  257,  §  422, 
wliich  road:  "§422.  The  court  shall  give  judgment  upon  the  special 
verdict,  as  follows:  1st.  If  the  plea  be  not  guilty,  and  the  facts 
prove  the  defendant  guilty  of  the  offense  charged  in  the  indictment, 
or  of  any  other  offense  of  which  he  could  be  convicted  as  provided 
in  section  four  hundred  and  twenty-four,  under  that  indictment 
judgment  shall  be  given  accordingly.  But  if  the  facts  found  do  not 
prove  Die  defendant  guilty  of  the  offense  charged,  or  of  any  offense 
of  which  he  could  be  so  convicted  under  the  indictment,  judgment 
of  acquittal  shall  be  given.  2d.  If  the  plea  be  a  former  conviction 
or  acquittal  of  the  same  offense,  the  court  shall  give  judgment  of 
acquittal  or  conviction  according  as  the  facts  prove  or  fail  to  prove 
the  former  conviction  or  acquittal." 

§  1156.  When  special  verdict  defective,  new  trial  to  be 
ordered.  If  the  jury  do  not,  in  a  special  verdict,  pronounce 
affirmatively  or  negatively  on  the  facts  necessary  to  enable 
the  court  to  give  judgment,  or  if  they  find  the  evidence  of 
facts  merely,  and  not  the  conclusions  of  fact,  from  the  evi- 
dence, as  established  to  their  satisfaction,  the  court  must 
order  a  new  trial. 

New  trial:   See  post,  §  1181. 

Legislation  §  1156.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  443);  iu  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  258,  §  423. 

§  1157.  Jury  to  find  degree  of  crime.  Whenever  a  crime 
is  distinguished  into  degrees,  the  jury,  if  they  convict  the 
defendant,  must  find  the  degree  of  the  crime  of  Avhich  he  is 
guilty. 

Legislation  §  1157.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  21,  as  amended  by  Stats.  1856,  p.  219,  §2; 
the  clause  of  §  21  on  which  the  code  section  is  based  reading,  "and 
the  jury  before  whom  any  person  indicted  for  murder  shall  be  tried, 
shall,  if  they  find  such  "person  guilty  thereof,  designate  by  their 
verdict,  whether  it  be  murder  of  the  first  or  second  degree." 

§  1158.  Jury  may  find  upon  charge  of  previous  convic- 
tion. Whenever  the  fact  of  a  previous  conviction  of  another 
offense  is  charged  in  an  indictment  or  information,  the  jury, 
if  they  find  a  verdict  of  guilty  of  the  offense  with  which  he 
is  cTiarged,  must  also,  unless  the  answer  of  the  defendant 
admits  the  charge,  find  w^hether  or  not  he  has  suffered  such 
previous  conviction.     The  verdict  of  the  jury  upon  a  charge 


543  VERDICT.  §  1160 

of  previous  conviction  may  be:  "We  find  the  charge  of 
previous  conviction  true,"  or,  "We  find  the  charge  of  previ- 
ous conviction  not  true, ' '  as  they  find  that  the  defendant  has 
or  has  not  suffered  such  conviction.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  24.] 

Form  of  verdict:    See   ante,  §  1151. 

Judgment  on  special  verdict:   See  ante,  §  1155. 

Legislation  §  1158.  1.  Enacted  February  14,  1872,  and  then  read: 
"1]58.  Whenever  the  fact  of  a  previous  conviction  is  charged  in  an 
indictment,  the  jury,  if  they  find  a  verdict  of  guilty,  must  also  find 
whether  or  not  the  defendant  had  suffered  such  previous  conviction." 

2.  Amended  by  Code  Amdts.  1873-7-1,  p.  446,  (1)  the  first  sen- 
tence then  reading,  "\Yhenevcr  the  fact  of  a  previous  conviction  of 
another  offense  is  charged  in  an  indictment,  the  jury,  if  they  find  a 
verdict  of  guilty  of  the  offense  for  which  he  is  indicted,  must  also, 
unless  the  answer  of  the  defendant  admits  the  charge,  find  whether 
or  not  he  has  suffered  such  previous  conviction";  (2)  the  remainder 
of  the  section  (added  in  1S73-74)  reading  as  at  present. 

3.  Amended  by  Code  Amdts.  1880,  p.  24. 

§  1159.  Jury  may  convict  of  a  lesser  offense  or  of  an 
attempt.  The  jury  may  find  the  defendant  guilty  of  any 
offense,  the  commission  of  which  is  necessarily  included  in 
that  with  which  he  is  charged,  or  of  an  attempt  to  commit 
the  offense.  [Amendment  approved  1880 ;  Code  Amdts. 
1880,  p.  24.] 

Attempt  to  commit  crime:  See  ante,  §  663. 

Legislation  §  1159.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §445);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  258, 
§424,  which  read:  "§424.  In  all  cases  the  defendant  may  be  found 
guilty  of  any  offense,  the  commission  of  which  is  necessarily  in- 
cluded in  that  with  which  he  is  charged  in  the  indictment,  or  may 
be  found  guilty  of  an  attempt  to  commit  the  offense  charged." 

2.  Amended  by  Code  Amdts,  1880,  p.  24,  omitting  "in  the  indict- 
ment" after  "charged." 

§  1160.  Verdict  as  to  some  defendants  and  another  trial 
as  to  others.  On  an  indictment  or  information  against 
several, .if  the  jury  cannot  agree  upon  a  verdict  as  to  all, 
they  may  render  a  verdict  as  to  those  in  regard  to  whom 
they  do  agree,  on  which  a  judgment  must  be  entered  ac- 
cordingly, and  the  case  as  to  the  others  may  be  tried  by 
another  jury.  [Amendment  approved  1880 ;  Code  Amdts. 
1880,  p.  25.] 

Joint  defendants,  verdict  as  to  some,  new  trial  as  to  others:  See 

post,  §  1442. 

Legislation  §  1160.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc.  §  446);  in  substance  the  same  as  Crim.  Prae.  Act,  Stats. 
1851,  p.  258,  §  425. 

2.  Amended  by  Code  Amdts.  1880,  p.  25,  inserting  "or  informa- 
tion" after  "On  an  indictment." 


§  1164  PENAL    CODE.  544 

§  1161.  In  what  cases  court  may  direct  a  reconsideration 
of  the  verdict.  AVIr'h  there  is  ii  verdict  of  eouvictioii,  in 
w'liich  it  ai)pears  to  the  court  that  the  jury  have  mistaken 
the  law,  tlie  court  may  cxphiin  the  reason  for  that  opinion 
and  direct  the  jury  to  reconsider  their  verdict,  and  if,  after 
the  reconsideration,  they  return  the  same  verdict,  it  must 
be  entered ;  hut  when  there  is  a  verdict  of  acciuittal,  the 
court  cannot  require  the  jury  to  reconsider  it.  If  the  jury 
render  a  verdict  which  is  neither  general  nor  special,  the 
court  may  direct  them  to  reconsider  it,  and  it  cannot  be  re- 
corded until  it  is  rendered  in  some  form  from  wliich  it  can 
be  clearly  understciod  that  the  intent  of  the  jury  is  either 
to  render  a  general  verdict  or  to  find  the  facts  specially  and 
to  leave  the  judgment  to  the  court. 

Legislation  §1161.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §§  447,  448);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p    2.58,  §§  426,  427. 

§  1162.  When  judgment  may  be  given  on  informal  ver- 
dict. If  the  jury  persist  in  finding  an  informal  verdict,  from 
which,  however,  it  can  be  clearly  understood  that  their  in- 
tention is  to  find  in  favor  of  the  defendant  upon  the  issue, 
it  must  be  entered  in  the  terms  in  which  it  is  found,  and  the 
court  must  give  judgment  of  acquittal.  But  no  judgment 
of  conviction  can  be  given  unless  the  jury  expresssly  find 
against  the  defendant  upon  the  issue,  or  judgment  is  given 
against  him  on  a  special  verdict. 

Legislation!  1162.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §449);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  258, §  428. 

§  1163.  Polling'  the  jury.  When  a  verdict  is  rendered, 
and  before  it  is  recorded,  the  jury  may  be  polled,  at  the 
request  of  either  party,  in  which  case  they  must  be  severally 
asked  whether  it  is  their  verdict,  and  if  any  one  answer  in 
the  negative,  the  jury  must  be  sent  out  for  further  delibera- 
tion. 

Legislation  §  1163.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §450);  based  on  Crim.  Prac.  Act,  Stats.  ISol.  p.  258,  §  429. 
which  read:  "§  429.  When  a  verdict  is  rendered  and  before  it  is  re- 
corded the  jury  may  be  polled  on  the  requirement  of  either  party, 
in  which  case  they  shall  be  severally  asked  whether  it  be  their 
verdict,  and  if  any  one  answer  in  the  negative  the  jury  shall  be 
sent  out  for  further  deliberation." 

§  1164.  Recording-  the  verdict.  AVhen  the  verdict  given 
is  such  as  the  court  may  receive,  the  clerk  must  immediately 
record  it  in  full  upon  the  minutes,  read  it  to  the  jury,  and 
inquire  of  them  whether  it  is  their  verdict.     If  any  juror 


545  VERDICT.  §  1167 

disagree,  the  fact  must  be  entered  upon  the  minutes  and  the 
jury  again  sent  out;  but  if  no  disagreement  is  expressed, 
the  verdict  is  complete,  and  the  jury  must  be  discharged 
from  the  case. 

Proceedings  where  verdict  reached:  See  ante,  §  1147. 
Legislation  §  1164.     Enacted  February  U.  1872  (N.  Y.  Code  Crim. 
Proc,  §451);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851. 
p.  258,  §  430. 

§  1165.  Defendant,  when  to  be  discharged  or  detained 
after  acquittal.  If  judgment  of  acquittal  is  given  on  a  gen- 
eral verdict,  and  the  defendant  is  not  detained  for  any  other 
legal  cause,  he  must  be  discharged  as  soon  as  the  judgment 
is  given,  except  where  the  acquittal  is  because  of  a  variance 
between  the  pleading  and  proof,  which  may  be  obviated  by 
a  new  indictment  or  information,  the  court  may  order  his 
detention,  to  the  end  that  a  new  indictment  or  information 
may  be  preferred,  in  the  same  manner  and  with  like  effect 
as  provided  in  section  one  thousand  one  hundred  and  sev- 
enteen. [Amendment  approved  1880;  Code  Amdts.  1880. 
p.  25.] 

Jeopardy:  See  ante,  §  6S7. 

Acquittal  on  ground  of  variance,  effect  of:  See  ante,  §  1021. 

Discharge  on  acquittal:   See  post,  §§  1447,  1454. 

Legislation  §  1165.  1.  Enacted  February  14.  1872  (X.  Y.  Code 
Crim.  Proc,  §  452);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  259,  §  431. 

2.  Amended  by  Code  Amdts.  1880,  p.  25,  (1)  substitutinsr  "plead- 
ing and  proof"  for  "proof  and  the  indictment,"  and  (2)  adding  "or 
information"  after  "indictment"  in  both  instances. 

§  1166.  Proceedings  upon  general  verdict  of  conviction 
or  a  special  verdict.  If  a  general  verdict  is  rendered  against 
the  defendant,  or  a  special  verdict  is  given,  he  must  be  re- 
manded, if  in  custody,  or  if  on  bail  he  may  be  committed  to 
the  proper  officer  of  the  county  to  await  the  judgment  of 
the  court  upon  the  verdict.  When  committed  his  bail  is 
exonerated,  or  if  money  is  deposited  instead  of  bail  it  must 
be  refunded  to  the  defendant. 

Bail:   See  post,  §§  1268  et  seq. 

Exoneration  of  bail  on  commitment  of  defendant:  See  post, 
§1371. 

Proceedings  on  verdict  of  guilty:   See  post,  §  1445. 

Legislation  §  1166.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §453);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  259,  §  432. 

§  1167.  Proceedings  on  acquittal  on  ground  of  insanity. 
If  the  jury  render  a  verdict  of  acquittal  on  the  ground  of 
insanity,  the  court  may  order  a  jury  to  be  summoned  from 

Pen.  Code — 35 


§  1171  PENAL    CODE.  546 

the  jui-y-list  of  the  county,  to  inquire  whetlier  the  defendant 
continues  to  be  insane.  Tlie  court  may  cause  the  same  wit- 
nesses to  be  sunnnoned  who  testified  on  the  trial,  and  other 
witnesses,  and  direct  the  district  attorney  to  conduct  the 
proceedings,  and  counsel  may  appear  for  the  defendant. 
The  court  may  direct  the  sheriff  to  take  the  defendant  and 
retain  him  in  custody  until  the  question  of  continuing  in- 
sanity is  determined.  If  the  jury  find  the  defendant  insane, 
he  shall  be  committed  by  the  sheriff  to  the  state  insane 
asylum.  If  the  jury  find  the  defendant  sane  he  shall  be 
discharged. 

Inquiry  into  insanity  of  defendant  tefore  trial  or  after  convic- 
tion:  See   post, §§  13G7  et  seq. 

Legislation  §  1167.  1.  Added  by  Code  Amdts.  1873-74,  p.  44G  (N. 
y.  Code  Criin.  I'roc,  §  454). 

2.  Amendment  by  Stats.  1901,  p.  488;  unconstitutional.  See  note, 
§  5,  ante. 

CHAPTER  V. 
Bills  of  Exception. 

§  1170.  Upon  what  exceptions  may  be  tal^en  to  decision  of  jury. 
[Eepealed.] 

§  1171.     When  to  be  settled  and  signed.     [Repealed.] 

§  1172.  Exceptions  may  be  taken  to  decision  of  court  or  judge.  [Re- 
pealed.] 

§  1173.  Exceptions  not  taken  on  the  trial,  but  which  may  be  taken 
by   the  defendant.      [Repealed.] 

§  1174.     How  to   be  settled.      [Repealed.] 

§  1175.     What   bill    of   exceptions   is   to   contain.      [Repealed.] 

§  117f).     Written  charges  need  not  be  excepted  to. 

§  1177.  Bills  of  exceptions  in  criminal  actions,  amendment  of. 
Settled,  and  time  fixed  for  engrossment.     [Repealed.] 

§  1170.  Upon  what  exceptions  may  be  taken  to  decision 
of  jury.      [Repealed  1909;  Stats.  1909,  p.  1083.] 

Challenges  to  jury:   See  ante,  §§  105.5  et  seq. 

Trial  of  challenges:  See  ante,  §§  1078  et  seq. 

Rules  of  evidence:  See  ante,  §  1102. 

Legislation  §  1170.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc,  §  455),  in  exact  language  of  Crim.  Prac.  Act,  Stats. 
1851,  p.  259,  §  433. 

2.  Amended  by  Code  Amdts.  1873-74,   p.   447. 

3.  Amended  by  Code  Amdts.  1880,  p.  25. 

4.  Amended  by  Stats.  1901,  p.  81. 

5.  Amendment  by  Stats.  1901,  p.  488;  unconstitutional.  See  note, 
§  5,  ante. 

6.  Repealed  by  Stats.  1909,  p.  1083. 

§  1171.  When  to  be  settled  and  signed.  [Repealed  1909 ; 
Stats.  1909,  p.  10S3.] 

Legislation  §  1171.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  457);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats 
1851,  p.  259,  §  434. 


547  BILL  OF  EXCEPTIONS.  §  1176. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  147. 

3.  Amended  by  Stats.  1881,  p.  6. 

4.  Amendment  by  Stats.  1901,  p.  4S8;  unconstitutional.     See  note, 
§  5,  ante. 

5.  Amended  by  Stats.  1905,  p.  701. 

6.  Eepealed  by  Stats.  1909,  p.  1083. 

§  1172.  Exceptions  may  be  taken  to  decision  of  court  or 
judg-e.      [Repealed  1909;  Stats.  1!)09,  p.  1083.] 

Arrest  of  judgment:  See  post,  §§  llSo-HSS. 

New  Trial:   See  post,  §§  1179-1182. 

Legislation  §  1172.     1.  Enacted  February   14,  1872. 

2.  Amended  by  Stats.  1885,  p.  .58. 

3,  Eepealed  by  Stats.  1909,  p.  1083. 

§  1173.  Exceptions  not  taken  on  the  trial,  but  which  may 
be  taken  by  the  defendant.  [Repealed  1909 ;  Stats.  1909, 
p.  1083.] 

Legislation  §  1173.     1.  Enacted  Februarv   14,  1872. 
2.  Eepealed   by   Stats.   1909,   p.   1083. 

§  1174.  How  to  be  settled.  I  Repealed  1909 ;  Stats.  1909, 
p.  1083.] 

Legislation  §  1174.     1,  Enacted  February  14,  1872. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  448. 

3.  Amendment  by  Stats.  1901,  p.  489;  unconstitutional.     See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  761. 

5.  Eepealed  by  Stats.  1909,  p.   1083. 

§  1175.  What  bill  of  exceptions  is  to  contain.  [Repealed 
1909;  Stat.  1909,  p.  1083.] 

Leeislation  §  1175.     1.  Enacted  Februarv  14,  1872;  based  on  Crim. 
Prae.  Act,  Stats.  1831,  p.  259.  §§  436,  43?'. 
2.  Eepealed  by  Stats.  1909,  p.  1083. 

§  1176.     Written  charg-es  need  not  be  excepted  to.     When 

written  insfnietions  have  been  presented,  and  given,  modi- 
fied, or  refused,  or  when  the  charge  of  the  court  has  been 
taken  down  by  the  reporter,  the  qnestions  presented  in  such 
instructions  or  charged  need  not  be  excepted  to  or  embodied 
in  a  bill  of  exceptions ;  bnt  the  judge  must  make  and  sign 
an  indorsement  upon  such  instructions,  showing  the  action  of 
the  court  thereon,  and  certify  to  the  correctness  of  the  re- 
porter's transcript  of  the  charge;  and  thereupon  the  same, 
with  the  indorsements,  become  a  part  of  the  record,  and  any 
error  in  the  action  of  the  court  thereon  may  be  reviewed  on 
appeal  in  like  manner  as  if  presented  in  a  bill  of  exceptions. 
[Amendment  approved  1905:  Stats.  1905,  p.  762.] 

Instructions  part  of  judgment- roll:   See  post,  §  1207,  subd.  3. 
Indorsement   of   decision  on   instructions:    See   ante.  §  1127. 
Grounds  for  new   trial  in   justice's    or    police    court:    See    post. 
§  1451. 


§  1181  PENAL    CODE.  548 

Legislation  §  1176.  1.  Enacted  Ft-bniary  14,  1872  (in  Hiibstanee 
the  same  as  Crim.  Prac.  Act,  iStats.  1851,  p.  2G0,  §  438),  and  then 
road:  "1176.  When  written  charges  have  been  presented,  given,  or 
refused,  or  when  tlie  charges  have  been  taken  down  by  the  re- 
porter, the  questions  presented  in  such  charjt;es  need  not  be  excepted 
to  or  embodied  in  a  bill  of  exceptions,  but  the  written  charges  or 
the  report,  with  the  indorsements  showing  the  action  of  tlie  court, 
form  part  of  the  record,  and  any  error  in  the  decision  of  the  court 
thereon  may  be  taken  advantage  of  on  appeal,  in  like  manner  as  if 
presented  in  a  bill  of  exceptions." 

2.  Amendment  by  Stats.  1901,  p.  489;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  762;  the  code  commissioner  saying, 
"The  purpose  of  this  amendment  is  tcf  correct  imperfections  and 
confusion  in  the  language  of  the  former  section,  and  to  moreclearly 
point  out  the  duty  of  the  judge  in  noting  his  action  upon  instruc- 
tions requested  by  the  parties." 

§  1177.  Bills  of  exceptions  in  criminal  actions,  amend- 
ment of.  Settled,  and  time  fixed  for  engrossment.  [Re- 
pealed 1909;  stats.  1909,  p.  1083.] 

Legislation  §  1177.     Added  by  Stats.  1905,  p.  475. 

2.  Kepealed  by  Stats.  1909,  p.  10S3. 

CHAPTER  VI. 

New  Trials. 

§  1179.  New  trial  defined. 

§  1180.  Effect  of  granting. 

§  1181.  In  what  cases  it  may  be  granted. 

§  1182.  Application  for,  when  made. 

§  1179.  New  Trial  defined.  A  new  trial  is  a  re-examina- 
tion of  the  issue  in  the  same  court,  before  another  jury,  after 
a  verdict  has  been  given. 

Legislation  §  1179.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  462) ;  in  exact  language  of  first  sentence  of  Crim.  Prac.  Act, 

Stats!  1851,  p.  260,  §439. 

§  1180.  Effect  of  granting.  The  grantinp;  of  a  ncAV  trial 
places  the  parties  in  the  same  position  as  if  no  trial  had  been 
had.  All  the  testimony  must  be  produced  anew,  and  the 
former  verdict  cannot  be  used  or  referred  to,  either  in  evi- 
dence or  in  argument,  or  be  pleaded  in  bar  of  any  conviction 
which  might  have  been  had  under  the  indictment.  [Amend- 
ment approved  1874;  Code  Amdts.  1873-74,  p.  449.] 

Legislation  §  1180.     1.  Enacted   February    14.    1872    (N.   Y.    Code 

Crim.  Proc,  §  464) ;   in  substance  the  same  as  the  second  and  third 

sentences  of  Crim.  Prac.  Act,  Stats.  1851,  p.  260,  §439. 

2.  Amended  by   Code   Amdts.  1873-74,  p.  449,  adding,   at  end   of 

section,  "or  be  pleaded  in  bar  of  any  conviction  which  might  have 

been  had  under  the  indictment." 

§  1181.  In  what  cases  it  may  be  granted.  When  a  verdict 
has  been  rendered  against  the  defendant,  the  court  may, 


549  NEW  TRIALS.  §1182 

upon  his  f)pi)li<'ali()n.  urant  a  new  trial,  in  Ihc  foUowin.u'  cases 
only  : 

1.  When  the  trial  has  l)een  had  iji  his  absence,  if  tlie  in- 
dietment  is  for  a  felony  ; 

2.  When  the  jury  lias  received  any  evidence  out  of  court 
other  than  that  resnltin<>'  from  a  view  of  the  premises; 

3.  When  the  jury  has  separated  without  leave  of  the  conrt, 
after  retiring  to  deliberate  upon  their  yerdict,  or  been  guilty 
of  any  misconduct  by  which  a  fair  and  due  consideration  of 
the  case  has  been  prevented; 

4.  When  the  verdict  has  been  decided  by  lot,  or  by  any 
means  other  than  a  fair  expression  of  opinion  on  the  part  of 
all  the  jurors; 

5.  When  the  court  has  misdirected  the  jury  in  a  matter  of 
law,  or  has  erred  in  the  decision  of  any  question  of  law  aris- 
ing during  the  course  of  the  trial ; 

6.  When  the  verdict  is  contrary  to  law  or  evidence ; 

7.  When  new  evidence  is  discovered  material  to  the  de- 
fendant, and  which  he  could  not,  with  reasonable  diligence, 
have  discovered  and  produced  at  the  trial.  When  a  motion 
for  a  new  trial  is  made  upon  the  ground  of  newly  discovered 
evidence,  the  defendant  must  produce  at  the  hearing,  in  sup- 
port thereof,  the  affidavits  of  the  Avitnesses  by  whom  such 
evidence  is  expected  to  be  given,  and  if  time  is  required  by 
the  defendant  to  procure  such  affidavits,  the  court  may  post- 
pone the  hearing  of  the  motion  for  'such  length  of  time  as, 
under  all  the  circumstances  of  the  case,  may  seem  reasonable. 

Legislation  §  1181.  Ena^ed  February  14,  1872  (K  Y.  Code  Grim. 
Eroc,  §465);  in  substance  the  same  as  Grim.  Prac.  Act,  §  440,  as 
amended  by  Stats.  1S63,  p.  161,  §  17. 

§  1182.  Application  for,  when  made.  The  application  for 
a  new  trial  must  be  made  before  judgment,  and  the  order 
granting  or  denying  the  same  must  be  immediately  entered 
by  the  clerk  in  the  minutes.  [Amendment  approved  1905; 
Stats.  1905,  p.  697.] 

Legislation,  §  1182,  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc,  §466);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
1851,  p.  260,  §  441.  When  enacted  in  1872,  §  1182  read:  "1182.  The 
application  for  a  new  trial  must  be  made  before  judgment." 

2.  Amendment  by  Stats.  1901,  p.  490;  unconstitutional.  See  note, 
^5,  ante. 

3.  Amended  by  Stats.  1905,  p.  697;  the  code  commissioner  saying 
of  the  addition,  that  it  "is  designed  to  conform  the  section  to  the 
present  practice." 


§  1185  I'ENAL    COOK.  550 

CHAPTER  VII. 

Arrest  of  Judgment. 

§  ns.5.  Motion    in    arrest   of   .judgment. 

§  1186.  Court  may  arrest  judgment  on   own  motion. 

§  1187.  Effect  of  arresting  judgment. 

§  118S.  Defendant,  wlion  to  be  held   or  discharged. 

§1185.  Motion  in  arrest  of  judgment.  A  motion  in  ar- 
rest oi'  judiiinent  is  an  application  on  the  part  of  the  defend- 
ant that  no  judgment  be  rendered  on  a  plea  or  verdict  of 
guilty,  or  on  a  verdict  against  the  defendant,  on  a  plea  of 
a  former  conviction.  It  may  be  founded  on  any  of  the  de- 
fects in  the  indictment  or  information  mentioned  in  section 
ten  hundred  and  four,  unless  the  objection  has  been  waived 
by  a  faibu'e  to  demur,  and  must  be  made  and  determined  be- 
fore the  judgment  is  pronounced.  AVhen  determined,  the 
order  nuist  be  immediately  entered  by  the  clerk  in  the  min- 
utes. [Amendment  approved  1909  ;  Stats.  1909,  p.  1087.] 
Indictment,  sufficiency  of:   See  ante,  §  960. 

Grounds  of  demurrer  to  indictment  or  information;  See  ante, 
§  1004. 

Waiver  "by  failure  to  move  to  set  aside  indictment  or  informa- 
tion:  See  ante,  §  996. 

Waiver  of  defects  by  failure  to  demur:  See  ante,  §  1012. 
Time  to  make  motion  in  arrest  of  judgment:  See  post,  §  1450. 
Legislation  §1185.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Ci-im.  Prop. ,§467);  basefl  on  Grim.  Prac.  Act,  Stats.  1851,  p.  260, 
§§  442,  444.  which  read:  "§  442.  A  motion  in  arrest  of  judgment  is 
an  application  on  the  part  of  the  defendant  that  no  judgment  be 
rendered  on  a  plea  or  verdict  of  guilty,  or  on  a  verdict  against  the 
defendant,  on  a  plea  of  a  former  conviction  or  acquittal.  It  may 
be  founded  on  any  of  the  defects  in  the  indictment  mentioned  in 
section  two  hundred  and  eighty-nine."  "§  444.  The  motion  must 
be  made  before  or  at  the  time  when  the  defendant  is  called  for 
judgment."  When  enacted  in  1S72.  §  1185  read:  "1185.  A  motion 
in  arrest  of  judgment  is  an  application  on  the  part  of  the  defendant 
that  no  judgment  be  rendered  on  a  plea  or  verdict  of  guilty,  or  on 
a  verdict  against  the  defendant,  on  a  plea  of  a  former  conviction  or 
acquittal.  It  may  be  founded  on  any  of  the  defects  in  the  indict- 
ment mentioned  in  section  1004,  unless  the  objection  to  the  in- 
dictment has  been  waived  by  a  failure  to  demur,  and  must  be  made 
before  or  at  the  time  the  defendant  is  called  for  judgment." 

2.  Amended  by  Code  Anidts,  1880,  p.  25,  in  second  sentence. 
(1)  adding  "or  information"  after  "indictment,"  and  (2)  omitting 
"to  the  indictment"  after  "objection." 

3.  Amendment  by  Stats.  1901,  p.  490;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  697,  adding  the  final  sentence, 
which  read  as  at  present;  the  code  commissioner  saying  that  the 
addition  "is  designed  to  conform  this  section  to  the  present  prac- 
tice." 

5.  Amended  by  Stats.  1909,  p.  1087,  (1)  omitting  "or  acquittal" 
from  end  of  first  sentence;   (2)   substituting  the  final  words  of  the 


551  ARREST  OV  JUD6ME)Nf.  §  11S8 

present   second   seutenee  for  "and   must  lie   made  before   or  at  the 
time  the  defendant  is  called  for  judgment." 

§  1186.  Court  may  arrest  judgment  on  own  motion.  The 
court  may,  on  its  own  motion,  at  any  time  before  judgment 
is  pronounced,  arrest  the  judgment  for  any  of  the  defects 
mentioned  in  the  last  section,  by  order  for  that  purpose 
entered  upon  its  minutes.  [Amendment  approved  1909 ; 
Stats.  1909,  p.  1088.] 

Legislation  §  1186.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §468);  based  on  Crim.  Prae.  Act,  Stats.  1851,  p.  261, 
§  443,  which  did  not  have  the  words  "any  of"  before  "these  defects." 
When  enacted  in  1872,  §  1186  read:  "1186.  The  court  may  also,  on 
its  own  view  of  any  of  these  defects,  arrest  the  judgment  without 
motion." 

2.  Amendment  by  Stats.  1901,  p.  490;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  698,  to  read:  "1186.  The  court  may 
also,  of  its  own  motion,  arrest  the  judgment  for  any  of  the  defects 
mentioned  in  the  last  section,  by  an  order  for  that  purpose  entered 
upon  its  minutes."  See  code  commissioner's  note  to  amendment  of 
§  1185  in  1905. 

4.  Amended  by  Stats.  1909,  p.  10S8. 

§  1187.  Effect  of  arresting-  judgment.  The  effect  of  an 
order  arresting  the  judgment  is  to  place  the  defendant  in 
the  same  situation  in  -which  he  was  before  the  indictment 
was  found  or  information  filed.  [Amendment  approved 
1905;  Stats.  1905,  p.  698.] 

Effect  of  arrest  of  judgment:  See  post,  §§  1188,  1452. 
Legislation  §  1187.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  470);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  261.  §  445.  When  enacted  in  1872,  §  1187  read:  "1187.  The 
effect  of  allowing  a  motion  in  arrest  of  judgment  is  to  place  the 
defendant  in  the  same  situation  in  which  he  was  before  the  indict- 
ment was  found." 

2.  Amended  by  Code  Amdts.  1880,  p.  25,  adding  at  end  of  section, 
"or  information  filed." 

3.  Amendment  by  Stats.  1201,  p.  490;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  698,  substituting  "an  order  arrest- 
ing the  judgment"  for  "allowin_g  a  motion  in  arrest  of  judgment"; 
the  code  commissioner  saying,  "The  purpose  of  this  amendment  is  to 
give  the  same  effect  to  an  order  of  the  court  made  on  its  own  motion 
under  §  1186  as  §  11S7  now  gives  to  an  order  made  on  motion  of  the 
defendant." 

§  1188.     Defendant,  when  to  be  held  or  discharged.     If, 

from  the  evidence  on  the  trial,  there  is  reason  to  believe  the 
defendant  guilty,  and  a  new  indictment  or  information  can 
be  framed  upon  w^hich  he  may  be  convicted,  the  court  may 
order  him  to  be  recommitted  to  the  officer  of  the  proper 
county,  or  admitted  to  bail  anew,  to  answer  the  new  indict- 


v^  1188  I'KNAL    COUE.  552 

meut  or  iufoniuitioii.  11"  the  cvidciicr  shows  liiiii  uuilt.y  of 
another  oH'ciise,  he  iiiust  h(!  coiniiiittcd  or  liehl  thereon,  and 
ill  iicilher  ease  shall  the  \x'riliet  I)e  a  bar  to  another  prosecu- 
tion. Jiut  if  no  evidence  appears  suflicient  to  charge  hini 
with  any  offense,  he  must,  if  in  custody,  be  discharged ;  or  if 
admitted  to  bail,  his  bail  is  exojierated ;  or  if  money  has  been 
ileposited  instead  of  bail,  it  must  be  refunded  to  the  defend- 
ant; and  the  arrest  of  judgment  shall  operate  as  an  acquittal 
of  the  charge  upon  which  the  indictment  or  information  was 
founded.  [Amendment  approved  18S0;  Code  Amdts.  1880, 
p.  25.] 

Discharge  of  defendant:  See  post,  §  1485. 
Effect  of  arrest  of  judgment:  See  ante,  §  1187;   post,  §  1452. 
Legislation  §  1188.     1.   Enacted   February    14,    1872    (N.    Y.    Code 
Crim.  f  rot-.,  §  470) ;  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
J8.j1,  p.  21)1,  §44G. 

2.  Amended  by  Code  Amdts.  1880,  p.  25,  (1)  in  first  sentence, 
adding  "or  information"  after  "indictment"  in  both  instances; 
(2)  in  second  sentence,  omitting  "or  indictment"  after  "prosecu- 
tion"; {^)  in  final  sentence,  adding  "or  information"  after  "indict- 
ment." 


553  THE    JUDGMENT.  §  1191 

TITLE  VIII. 

Judgment  and  Execution. 

Chapter  I.     The  Judgment.     §§  1191-1207. 
II.     The  Execution.     §§  1213-1230. 

CHAPTER  I. 

The  Judgment. 

§  1191.     Time  for  pronouncing  judgment. 

§  1192.     Upon  plea  of  guilty,  court  must  determine  degree. 

§  1192a.  Inquiry  as  to  causes  of  criminal  conduct.     Notice  to  clerk  of 

prison. 
§  1193.     Presence  of  defendant. 
§  1194,     When   defendant   in   custody,   how   brought   before   the   court 

for  judgment. 
§  1195.     How  brought  before  the  court  when  on  bail. 
§  1196.     Bench-warrant  to  issue. 
§  1197.     Form  of  bench-warrant. 
§  1198.     Warrant,  how  served. 
§  1199.     Arrest  of  defendant. 

§  1200.     Arraignment  of  defendant  for  judgment. 
§  1201.     What  causes  may  be  shown  against  judgment. 
§  1202,     New  trial,  defendant  entitled  to,  if  judgment  not  pronounced. 
§  1203.     Hearing  on  probation. 
§  1204.     Proof    of   former    conviction    or   of   facts,   etc.,   in    mitigation, 

etc.,  how  made. 
§  1205.     Imprisonment  for  fine. 
§  1206.     Judgment  to  pay  fine  constitutes  a  lien. 
§  1207.     Entry  of  judgment. 

§  1191.  Time  for  pronouncing  judgment.  After  a  plea  or 
verdict  of  guilty,  or  after  a  verdict  against  the  defendant 
on  a  plea  of  former  conviction  or  acquittal,  or  once  in  jeop- 
ardy, the  court  must  appoint  a  time  for  pronouncing  judg- 
ment which  must  not  be  less  than  two,  nor  more  than  five 
days  after  the  verdict  or  plea  of  guilty ;  provided,  however, 
that  the  court  may  extend  the  time  not  more  than  ten  days 
for  the  purpose  of  hearing  or  determining  any  motion  for  a 
new  trial,  or  in  arrest  of  judgment;  and  provided,  further, 
that  the  court  may  extend  the  time  not  more  than  twenty 
days  in  any  case  where  the  question  of  probation  is  con- 
sidered in  accordance  with  section  1203  of  this  code,  pro- 
vided, however,  that  upon  the  request  of  the  defendant  such 
time  may  be  further  extended  not  more  than  ninety  days 
additional.  If  in  the  opinion  of  the  court  there  is  a  reason- 
able ground  for  believing  a  defendant  insane,  the  court  may 
extend  the  time  of  pronouncing  sentence  until  the  question 
of  insanity  has  been  heard  and  determined,  as  provided  in 


§  11!)2  PENAL    CODE.  554 

(•liai)t('r  (),  title  10,  i)art  2,  oi  this  code.  [ Aineiulineiit  ap- 
proved 11)11  :  Stats.  li)ll,  p.  688.] 

Legislation  §1191.  1.  Enacted  IVljruary  14,  1872  (N.  Y.  Code 
Criin.  Proc,  §S  471,  472);  in  substance  the  same  as  Crim.  Prac.  Act. 
Stats.  18.31,  i>.  2G1,§§447,  448.  When  enacted  in  1872,  §  1191  read: 
"After  a  plea  or  verdict  of  {guilty,  or  after  a  verdict  ajjainst  the 
defendant,  on  a  plea  of  a  former  con\iction  or  acquittal,  if  the 
judgment  is  not  arrested  or  a  new  trial  granteil,  the  court  must 
appoint  a  time  for  jironouncing  judgment,  which  must  be  at  least 
two  days  after  the  verdict,  if  the  court  intend  to  remain  in  session 
so  long;  or  if  not,  as  remote  a  time  as  can  reasonably  be  allowed. 
But  in  no  case  can  the  judgment  be  rendered  in  less  than  si.x  hours 
after  the  verdict." 

2.  Amended  by  Code  Annlts,  l£73-7-i,  ]>.  449,  to  read:  "After  a 
plea  or  verdict  of  guilty,  or  after  a  verdict  against  the  defendant  on 
a  ]ilea  of  a  former  conviction  or  acquittal,  if  the  judgment  be  not 
arrested  or  a  new  trial  granted,  the  court  must  appoint  a  time  for 
pronouncing  judgment,  which,  in  cases  of  felony,  must  be  at  least 
two  days  after  the  verdict,  if  the  court  intend  to  remain  in  session 
so  long;  but  if  not,  then  at  as  remote  a  time  as  can  reasonably  be 
allowed." 

3.  Amendment  by  Stats.  1901,  p.  490;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  7(i?),  to  read:  "After  a  plea  or  verdict 
of  guilty,  or  after  a  verdict  against  the  defendant  on  the  plea  of  a 
former  conviction  or  acquittal,  if  the  judgment  is  not  arrested  or 
a  new  trial  granted,  the  court  must  appoint  a  time  for  pronouncing 
judgment,  which,  in  cases  of  felony,  must  be  at  least  two  days  after 
the  verdict." 

5.  Amended  by  Stats.  1909,  p.  898,  to  read:  "After  a  plea  or  verdict 
of  guilty,  or  after  a  verdict  against  the  defendant  on  a  plea  of  a 
former  conviction  or  acquittal,  or  once  in  jeopardy,  the  court  must 
appoint  a  time  for  pronouncing  judgment,  which  must  not  be  less 
than  two  nor  more  than  five  days  after  the  verdict  or  plea  of  guilty; 
provided,  however,  that  the  court  may  extend  the  time  not  more  than 
ten  days  for  the  purpose  of  hearing  or  determining  any  motion  for 
a  new  trial,  or  in  arrest  of  judgment;  and  provided  further,  that  the 
court  may  extend  the  time  not  more  than  twenty  days  in  any  case 
where  the  question  of  probation  is  considered,  in  accordance  with 
section  twelve  hundred  and  three  of  this  code.  If  in  the  opinion 
of  the  court  there  is  a  reasonable  ground  for  believing  a  defendant 
insane,  the  court  may  extend  the  time  of  pronouncing  sentence  until 
the  question  of  insanity  has  been  heard  and  determined,  as  pro- 
vided in  chapter  six,  title  ten,  part  two  of  this  code." 

6.  Amended  by  Stats.  1911,   p.   688. 

§  1192.     Upon- plea  of  guilty,  court  must  determine  degree. 

Upon  a  plea  of  guilty  of  a  crime  distinguished  or  divided 
into  degrees,  the  court  must,  before  passing  sentence,  deter- 
mine the  degree. 

Legislation  §  1192.  Enacted  February  14,  1872;  based  on  Crimes 
and  Punishment  Act,  §  21,  as  amended  by  Stats.  1856,  p.  219,  §2; 
so  much  of  §  21  as  relates  to  the  code  section  reading,  "but  if  such 
person  shall  be  convicted  on  confession  in  open  court,  the  court 
shall  proceed,  by  examination  of  witnesses,  to  determine  the  degree 
of  the  crime  and  give  sentence  accordingly," 


555  THE    JUDGMENT.  §  119-4 

§  1192a.  Inquiry  as  to  causes  of  criminal  conduct.  Notice 
to  clerk  of  prison.  Before  judgment  is  pronounced  upon 
any  person  convicted  of  an  offense  punishable  by  imprison- 
ment in  the  state  prison,  it  shall  be  the  duty  of  the  court, 
assisted  by  the  district  attorney,  to  ascertain,  in  a  summary 
manner,  and  hy  such  evidence  as  is  obtainable,  whether  such 
person  has  learned  and  practiced  any  mechanical  or  other 
trade,  and  also  such  other  facts  tending  to  indicate  the  causes 
of  the  criminal  character  or  conduct  of  such  convicted  per- 
son, or  calculated  to  be  of  assistance  to  the  court  in  determin- 
ing the  proper  punishment  of  such  person,  or  to  the  state 
board  of  prison  directors  in  the  performance  of  the  duties  im- 
posed upon  it  by  law,  as  the  court  shall  deem  proper.  AVithin 
thirty  days  after  jud anient  has  been  pronounced,  the  judge 
and  the  district  attorney  respectively  shall  cause  to  be  filed 
with  the  clerk  of  the  court  a  brief  statement  of  their  views 
respecting  the  person  convicted  or  sentenced  and  the  crime 
committed.  Within  twenty  days  after  the  filing  of  such 
statement,  the  clerk  of  the  court  shall  mail  a  copy  thereof, 
certified  by  such  clerk,  with  the  postage  thereon  prepaid, 
addressed  to  the  clerk  of  the  prison  to  which  such  convicted 
person  shall  have  been  sentenced.  The  testimony  pursuant 
to  the  provisions  of  this  section  shall  be  reported  and  tran- 
scribed by  the  clerk  or  official  reporter.  Within  thirty  days 
after  judgment  has  been  pronounced  by  the  court,  one  copy 
of  such  transcript  shall  be  filed  Avith  the  clerk  of  the  court, 
and  another  copy  thereof  shall  be  sent  by  mail,  with  postage 
prepaid,  addressed  to  the  warden  of  the  prison  to  which 
such  convicted  person  shall  have  been  sentenced. 
Legislation  §  1192a.     Added  by  Stats.  1909,  p.  365. 

§  1193.  Presence  of  defendant.  For  the  purpose  of  judg- 
ment, if  the  conviction  is  for  felony,  the  defendant  must  be 
personally  present;  if  for  a  misdemeanor,  judgment  may  be 
pronounced  in  his  absence. 

Verdict  in  defendant's  presence:  See  ante,  §  1148. 
Legislation  §  1193.     Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §473);  in  substance  the  same  as  Crim.  Prae.  Act,  Stats.  1851, 
p.    261,  §  449. 

§  1194.     When  defendant  in  custody,  how  brought  before 

the  court  for  judgment.     When  the  defendant  is  in  custody, 

the  court  may  direct  the  officer  in  whose  custody  he  is  to 

bring  him  before  it  for  judgment,  and  the  officer  must  do  so. 

Legislation  §  1194.     Enacted  February  14,  1872  (X.  Y.  Code  Crim. 

Proc,  §  474) ;   based   on   Crim.  Prae.    Act,   Stats.   1851,  p.   2(51,  §  450, 

which  read;  "§  450,     When  the  delendant  is  convicted  of  a  felony, 


§  1197  PENAL    CODE.  550 

if  he  be  in  custody,  the  court,  may  direct  the  officer  in  whose  custody 
he  is,  to  briny  him  bel'or(>  it  tor  jiulyinent,  ;uid  tlie  olTiccr  sliall  do 
so  accordingly." 

§  1195.  How  brought  before  the  court  when  on  bail.  If 
the  dei'eiuhiut  has  been  discharged  on  bail,  or  has  deposited 
money  instead  thereof,  and  does  not  appear  for  judgment 
when  his  personal  appearance  is  necessary,  the  court,  in  addi- 
tion to  tlie  forfeiture  of  the  undertaking  of  bail,  or  of  the 
money  deposited,  may  direct  tlie  clerk  to  issue  a  bench-war- 
rant for  his  arrest. 

Forfeiture  of  bail,  when  ordered:   See  post,  §  130.3. 

Legislation  §  1195.     Enacted  February  U,  1872  (N.  Y.  Code  Crim. 

Proc,  §  47.1);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  261, "§151. 

§  1196.  Bench-warrant  to  issue.  The  clerk,  on  the  appli- 
cation of  the  district  attorifey,  may,  at  any  ^ime  after  the 
order,  whether  the  court  be  sitting  or  not,  issue  a  bench- 
warrant  into  one  or  more  counties. 

Issuance  of  bench-warrant:  See  ante,  §  980. 

Legislation  §  1196.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §476);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  261,  §  452. 

§  1197.     Form    of    bench-warrant.     The     bench-Avarrant 

must  be  substantially  in  the  following  form :  County  of . 

The  People  of  the  State  of  California,  to  any  Sheriff,  Con- 
stable, Marshal,  or  Policeman  in  this  State:  A.  B.,  having 
been  on  the day  of ,  A.  D.  eighteen  [nineteen]  hun- 
dred and  ,  duly  convicted  in  the  superior  court  of  the 

county  of  • — ■ — ,  of  the  crime  of  — —  (designating  it  gener- 
ally), you  are  therefore  commanded  forthwith  to  arrest  the 
above-named  A.  B.,  and  bring  him  before  that  court  for  judg- 
ment. Given  under  my  hand,  with  the  seal  of  said  court 
affixed,  this day  of ,  A.  D.  eighteen  [nineteen]  hun- 
dred  and .     By   order   of   the    court.     [Seal.]     E.   F., 

Clerk.  [Amendment  approved  1880;  Code  Amdts.  1880. 
p.  34.] 

Form  of  bench-warrant:   See  ante,  §§  981,  982. 

Legislation  §  1197.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §477);  in  substance  the  same  as  Crim.  Prac.  Act,  §  453, 
as  amended  by  Stats.  1863,  p.  161,  §  IS,  except  that  it  did  not  have 
the  words  "or'municipal  court"  (added  in  the  original  code  section). 
When  enacted  in  1872,  §  1197  read:  "1197.     The  bench-warrant  must 

be  substantially  in  the  following  form:  County  of -.     The  People 

of  the   State   of   California,   to  any   Sheriff,   Constable,  Marshal,  or 

Policeman  in  this  State:. A.  B.,  having  been  on  the day  of , 

A.  D.  eighteen  hundred  and ,  duly  convicted  in  the  county  court 

(or  district  court,  or  municipal  court,  as  the  case  may  be)  of  the 
county  of ,  of  the  crime  of (designating  it  generally),  you 


557  THE    JUDGMENT.  §  1201 

are  therefore  connuaiideU  forthwith  to  arrest  the  above-iiaiued  A.  B., 
aufl  briug  him  before  that  court  for  judgmeut;  or  if  the  court  has 
adjourned  for  the  term,  that  you  deliver  him  into  the  custody  of  the 

sheriff  of  the  county  of .     Given,"  etc.,  as  in  the  amemlment  of 

1880  (the  present  section). 

2.  Amended  by  Code  Aiiidt.s.   1880,   p.   31. 

§  1198.     Warrant,    how   served.     The  bench-warrant  may 
be  served  in  any  county  in  the  same  manner  as  a  warrant  of 
arrest,  except  that  when  served  in  another  county  it  need 
Dot  be  indorsed  by  a  magistrate  of  that  county. 
How  served:  Compare  ante,  §  983. 

Legislation  §  1198.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §478);  in  exact  language  of  Crim.  Prac.  Act,  Stats.  1851, 
p.  262,  §  454. 

§  1199.  Arrest  of  defendant.  Whether  the  bench-warrant 
is  served  in  the  county  in  which  it  was  issued  or  in  another 
county,  the  officer  must  arrest  the  defendant  and  bring  him 
before  the  court  or  commit  him  to  the  officer  mentioned  in 
the  warrant,  according  to  the  command  thereof. 

Legislation  §  1199.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  479) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  262,  §  455. 

§  1200.     Arraignment  of  defendant  for  judgment.     AVhen 

the  defendant  appears  for  judgment  he  must  be  informed 
by  the  court,  or  by  the  clerk,  under  its  direction,  of  the  na- 
ture of  the  charge  against  him  and  of  his  plea,  and  the  ver- 
dict, if  any  thereon,  and  must  be  asked  whether  he  has  any 
legal  cause  to  show  why  judgment  should  not  be  pronounced 
against  him.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  26.] 

Legislation  §  1200.     1.  Enacted    February    14,    1872    (N.    Y.    Code 

Crim.  Proc,  §  480);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 

1851,  p.  262, §  456. 

2.  Amended  by  Code  A2ndts.  1880,  p.  26,  changing  "nature  of  the 

indictment"  to  "nature  of  the  charge  against  him." 

§  1201.  What  causes  may  be  show^n  against  judgment. 
He  may  show,  for  cause  against  the  judgment : 

1.  That  he  is  insane ;  and  if,  in  the  opinion  of  the  court, 
there  is  reasonable  ground  for  believing  him  insane,  the 
question  of  insanity  must  be  tried  as  provided  in  chapter 
six,  title  ten,  part  tAvo  of  this  code.  If,  upon  the  trial  of 
that  question,  the  jury  finds  that  he  is  sane,  judgment  must 
be  pronounced,  but  if  they  find  him  insane,  he  must  be  com- 
mitted to  the  state  hospital  for  the  care  and  treatment  of 
the  insane,  until  he  becomes  sane ;  and  when  notice  is  given 
of  that  fact,  as  provided  in  section  one  thousand  three  hun- 


<5  1203  PENAL   CODE.  558 

(li'cd  jiiul  xevt'iity-two,  he  must   Ix-  Iti-oiiL'lit   l)cL"())'t'  tlie  conn, 
for  jiKliiineiit  ; 

2.  'J'liat  lie  has  ^yood  cinisc  to  olTcr,  cillier  iu  ari'cst  of  jndg- 
nieiit  or  for  a  new  trial;  in  wiiicli  ease  the  court  may,  in  its 
discretion,  order  the  jndijinent  to  be  deferred,  and  proceed 
to  decide  upon  the  motion  in  arrest  of  judgment  or  for  a 
new  trial.     [Amendment  approved  1905 ;  Stats.  1905,  p.  764.] 

Punishment  of  person  while  insane:   See  post,  §  1867. 

Inquiry  into  sanity  of  defendant:   Sim'  i)Ost,  §§  i:'«(i7  ct  ^cq. 

Proceedings  where  defendant  sent  to  hospital  becomes  insane:  See 
post,  §  1372. 

Legislation  §  1201.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
C'rim.  Proc,  §  481);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
1851,  p.  262,  §  457,  except  that,  in  subd.  1.  it  had  the  words  "the 
custody  of  some  proper  and  suitable  person"  instead  of  "the  state 
lunatic  asylum." 

2.  Amendment  by  Stats.  1901,  p.  490;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  764,  in  subd.  1,  (1)  in  first  sen- 
tence, (a)  omitting  "to  be"  before  "insane";  (b)  in  second  sentence, 
changing  "the  jury  find"  to  "the  jury  finds,"  and  "the  state  lunatic 
asylum"  to  "the  state  hospital  for  the  care  and  treatment  of  the 
insane." 

§  1202.  New  trial,  defendant  entitled  to,  if  judgment  not 
pronounced.  If  no  sufficient  cause  is  alleged  or  appears  to 
the  court  at  the  time  fixed  for  pronouncing  judgment,  as 
provided  in  section  eleven  hundred  and  ninety-one  of  this 
code,  why  judgment  should  not  be  pronounced,  it  must 
thereupon  be  rendered ;  and  if  not  rendered  or  pronounced 
within  the  time  so  fixed  or  to  which  it  is  continued  under  the 
provisions  of  section  eleven  hundred  and  ninety-one  of  this 
code,  then  the  defendant  shall  be  entitled  to  a  new  trial.  If 
the  court  shall  refuse  to  hear  a  defendant's  motion  for  a  new 
trial  or  when  made  shall  neglect  to  determine  such  motion 
within  the  time  fixed  for  prononncing  judgment,  or  within 
the  time  to  which  the  same  is  continued  under  the  provisions 
of  section  eleven  hundred  and  ninety-one  of  this  code  then 
the  defendant  shall  be  entitled  to  a  new  trial.  [Amendment 
approved  1909;  Stats.  1909,  p.  898.] 

Judgment,  rendition  of.     After  a  plea  or  verdict  of  guilty,  the 

court  must  appoint  a  time  for  pronouncing  judgment,  as  provided  in 

§  1191,  ante. 

Legislation  §  1202,     1.  Euacted    February    14,    1872    (N.    Y.    Code 

Crim    Proc,  §  482);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 

1851,  p.  262,  §458.     When  enacted  in   1872,  §  1202   read:   "1202.     If 

no  sufficient  cause  is  alleged  or  appears  to  the  court  why  judgment 

should  not  be  pronounced,  it  must  thereupon  be  rendered." 
2.  Amended  by  Stats.  1909,  p.  898. 

§  1203.  Hearing'  on  probation.  After  plea  or  verdict  of 
guilty,  where  discretion  is  conferred  upon  the  court  as  to 


559  JUDGMENT.      PROBAtlON.  §  1203 

the  extent  of  the  punishment,  the  court,  upon  oral  sugges- 
tions of  either  party,  or  of  its  own  motion,  that  there  are 
circumstances  -which  may  properly  he  taken  into  view,  either 
in  aggravation  or  mitigation,  of  the  punishment,  may  in  its 
discretion  refer  the  same  to  the  probation  ol^cer,  directing 
said  probation  ol^cer  to  investigate,  and  to  report,  recom- 
mending either  for  or  against  release  upon  probation,  at  a 
specified  time,  and  the  court  shall  hear  the  same  summarily 
at  such  specified  times,  and  upon  such  notice  to  the  adverse 
party  as  it  may  direct.  At  such  specified  time,  if  it  shall 
appear  from  the  report  furnished  by  the  probation  officer, 
or  otherwise,  and  from  the  circumstances,  of  any  person 
over  the  age  of  eighteen  (18)  years,  so  having  pleaded 
guilty,  or  having  been  convicted  of  crime,  that  there  are 
circumstances  in  mitigation  of  the  punishment,  or  that  the 
ends  of  justice  shall  be  subserved  thereby,  the  court  shall 
have  power,  in  its  discretion,  to  place  the  defendant  upon 
probation  in  the  manner  following : 

1.  Suspension  of  sentence.  Bonds.  The  court,  judge  or 
justice  thereof,  may  suspend  the  imposing,  or  the  execution 
of  sentence  and  may  direct  that  such  suspension  may  con- 
tinue for  such  period  of  time  not  exceeding  the  maximum 
possible  term  of  such  sentence,  except  as  hereinafter  set 
forth,  and  upon  such  terms  and  conditions  as  it  shall  deter- 
mine, which  terms  and  conditions  may  include,  in  the  dis- 
cretion of  the  court,  the  requirements  of  bonds  for  the  ap- 
pearance of  the  person  released  upon  probation  before  the 
court,  at  any  time  that  the  court  may  require  such  appear- 
ance in  the  investigation  of  any  alleged  violation  of  said 
terms  and  conditions  of  probation  and  such  bonds  may  be 
at  any  time  by  the  court  exonerated  without  affecting  any 
of  the  other  terms  or  conditions  of  such  probation;  and  in 
case  of  such  suspension  of  imposition  or  execution  of  sen- 
tence, the  court  shall  place  such  person  on  probation  and 
under  the  charge  and  supervision  of  the  probation  officer  of 
said  court,  during  such  suspension ;  provided,  t  owever,  that 
where  the  maximum  possible  term  of  such  sentence  is  less 
than  two  years,  then  such  period  of  suspension  of  imposi- 
tion or  execution  of  sentence  may,  in  the  discretion  of  the 
court,  continue  for  not  over  two  years.  Where  the  offense 
consists  of  a  violation  of  section  270  or  270a  of  the  Penal 
Code  of  the  state  of  California,  such  suspension  of  imposi- 
tion or  execution  of  sentence  may,  in  the  discretion  of  the 
court,  continue  for  not  over  five  years. 

2.  Opportunity  to  pay  fine.  If  the  judgment  is  to  pay  a 
fine,  and  the  defendant  be  imprisoned  until  it  be  paid,  the 


§  1203  PENAL  coDii:.  560 

t'ourt,  judge,  or  justice,  upon  iiu])osiug'  siiiileiUH',  may  dii'cc-t 
that  tlic  execution  oi"  the  seiitenee  oi'  imprisounieiit  ])e  sus- 
pended for  such  period  of  time,  not  exceeding  the  maximum 
possil)le  term  of  such  sentence,  and  on  such  terms  as  it  shall 
determine,  and  shall  place  the  defendant  on  prohation,  under 
the  charge  and  sui)ervision  of  the  probation  officer  during 
such  suspension,  to  the  end  that  he  may  be  given  the  oppor- 
tunity to  pay  the  fine ;  provided,  however,  that  upon  the  pay- 
ment of  the  fine  being  made,  judgment  shall  be  satisfied  and 
the  probation  cease. 

3.  Rearrest.  May  pronounce  judgment.  At  any  time 
during  the  probationai'y  term  of  the  person  released  on 
probation,  in  accordance  with  the  provisions  of  this  section, 
any  probation  officer  may,  "without  warrant,  or  other  process, 
at  any  time  until  the  final  disposition  of  the  case,  rearrest 
any  person  so  placed  in  his  care  and  bring  him  before  the 
court,  or  the  court  may,  in  its  discretion,  issue  a  warrant 
for  the  rearrest  of  any  such  person  and  may  thereupon  re- 
voke and  terminate  such  probation,  if  the  interest  of  justice 
so  requires,  and  if  the  court,  in  its  judgment,  shall  have 
reason  to  believe  from  the  report  of  the  probation  officer, 
or  otherwise,  that  the  person  so  placed  upon  probation  is 
violating  the  conditions  of  his  probation,  or  engaging  in 
criminal  practices,  or  has  become  abandoned  to  improper 
associates,  or  a  vicious  life.  Upon  such  revocation  and 
termination,  the  court  may,  if  the  sentence  has  been  sus- 
pended, pronounce  judgment  after  the  said  suspension  of 
the  sentence  for  any  time  within  the  longest  period  for 
which  the  defendant  might  have  been  sentenced,  but  if  the 
judgment  has  been  pronounced  and  the  execution  thereof 
has  been  suspended,  the  court  may  revoke  such  suspension, 
whereupon  the  judgment  shall  be  in  full  force  and  effect, 
and  the  person  shall  be  delivered  over  to  the  proper  officer 
to  serve  his  sentence. 

4.  Court  may  revoke  order.  The  court  shall  have  power 
at  any  time  during  the  term  of  probation  to  revoke  or 
modify  its  order  of  suspension,  of  imposition  or  execution 
of  sentence.  It  may,  at  any  time,  when  the  ends  of  justice 
will  be  subserved  thereby,  and  when  the  good  conduct  and 
reform  of  the  person  so  held  on  probation  shall  warrant  it, 
terminate  the  period  of  probation  and  discharge  the  person 
so  held,  and  in  all  cases,  if  the  court  has  not  seen  fit  to  re- 
voke the  order  of  probation  and  impose  sentence  or  pro- 
nounce judgment,  the  defendant  shall,  at  the  endof  the  term 
of  probation,  be  by  the  court  discharged,      jicdith- 


561  JUDGMENT.       PROBATION.  §  1203 

5.  Change  of  plea.  Every  defendant  who  has  fidfilled 
the  conditions  of  his  probation  for  the  entire  period  thereof, 
or  who  shall  have  been  discharged  from  probation  prior  to 
the  termination  of  the  period  thereof,  shall  at  any  time  prior 
to  the  expiration  of  the  maximum  period  of  punishment  for 
the  offense  of  which  he  has  been  convicted,  dating  from  said 
discharge  from  probation  or  said  termination  of  said  period 
of  probation,  be  permitted  by  the  court  to  withdraw  his 
plea  of  guilty  and  enter  a  plea  of  not  guilty;  or,  if  he  has 
been  convicted  after  a  plea  of  not  guilty,  the  court  shall 
set  aside  the  verdict  of  guilty ;  and  in  either  case  the  court 
shall  thereupon  dismiss  the  accusation  or  information 
against  such  defendant  who  shall  thereafter  be  released 
from  all  penalties  and  disabilities  resulting  from  the  offense 
or  crime  of  which  he  has  been  convicted. 

6.  Probation  officers  to  serve.  The  same  probation  officers 
and  assistant  probation  officers  and  deputy  probation  officers 
shall  serve  under  this  act  as  are  appointed  under  the  act 
known  as  the  juvenile  court  law%  and  entitled  "An  act  con- 
cerning dependent  and  delinquent  minor  children,  provid- 
ing for  their  care,  custody,  and  maintenance  until  twenty- 
one  years  of  age ;  providing  for  their  commitment  to  the 
Whittier  State  School  and  the  Preston  State  School  of  In- 
dustry, and  the  manner  of  such  commitment  and  release 
therefrom,  establishing  a  probation  committee  and  proba- 
tion officers  to  deal  with  such  children,  and  tixing  the 
salaries  of  probation  officers ;  providing  for  detention  homes 
for  said  children ;  providing  for  the  punishment  of  persons 
responsible  for,  or  contributing  to,  the  dependency  or  de- 
linquency of  children ;  and  giving  to  the  superior  court 
jurisdiction  of  such  offenses,  and  repealing  inconsistent 
acts,"  approved  March  8,  1909,  or  under  any  laws  amend- 
ing or  superseding  the  same. 

7.  Transfer  of  case.  Whenever  any  person  is  released 
upon  probation  under  the  provisions  of  this  act,  the  case 
may  be  transferred  to  any  court  of  the  same  rank  in  any 
other  county,  or  city  and  county,  of  this  state  in  which  such 
person  resides,  or  to  which  such  person  may  remove,  and 
such  court  shall  thereupon  commit  such  person  to  the  care 
and  custody  of  the  probation  officer  of  the  county,  or  city 
and  county,  to  which  such  person  has  been  transferred ;  such 
court  shall  thereafter  have  entire  jurisdiction  over  such  case, 
with  like  powder  to  make  transfer  whenever  to  such  court 
such  transfer  may  seem  proper. 

8.  Report  on  person's  antecedents.  At  the  time  of  the 
plea  or  verdict  of  guilty  of  any  crime  of  any  person  over 

Peu.  Code — 3G 


S  1203  nENAl.   CODE.  562 

oip:hto(Mi  ycjifs  ul"  ;iji-c,  llic  i)i'()l);i1i()ii  ofticcf  of  l!ie  county 
of  the  jui'isdictioii  of  said  erinio  sliall,  avIumi  so  flirpoterl  by 
the  eourt,  iiiquii-e  into  the  antecedents,  ehnraeter,  history, 
family  environment,  and  offense  of  such  person,  and  must 
report  the  same  to  the  eourt,  and  file  his  report  in  Avriting 
in  the  records  of  said  court.  ITis  report  shall  contain  his 
recommendation  for  or  against  the  release  of  such  person  on 
probation.  If  any  such  person  shall  be  released  on  proba- 
tion and  comniitted  to  the  care  of  the  ]->robation  officer,  such 
officer  shall  keep  a  complete  and  accurate  record  in  suitable 
books  or  other  form  in  writing,  of  the  history  of  the  case 
in  court,  and  of  the  name  of  the  probation  officer,  and  his 
acts  in  connection  with  said  case ;  also  the  age,  sex,  nativity, 
residence,  education,  habits  of  temperance,  whether  married 
or  single,  and  the  conduct,  employment,  and  occupation,  and 
parents'  occupation,  and  condition  of  such  person  so  com- 
mitted to  his  care  during  the  term  of  such  probation  and  the 
result  of  such  probation.  Such  record  of  such  probation 
officer  shall  be  and  constitute  a  part  of  the  records  of  the 
court,  and  shall  at  all  times  be  open  to  the  inspection  of  the 
court,  or  of  any  person  appointed  by  the  court  for  that  pur- 
pose, as  well  as  of  all  magistrates,  and  the  chief  of  police,  or 
other  head  of  the  police,  unless  otherwise  ordered  by  the 
court.  Said  books  of  record  shall  be  furnished  for  the  use 
of  said  probation  officer  of  said  county,  and  shall  be  paid 
for  out  of  the  county  treasury. 

8a.  Report  of  probation  officers.  Every  probation  offi- 
cer, within  fifteen  days  after  the  30th  day  of  June,  and 
within  fifteen  days  after  the  31st  day  of  December,  of  each 
year,  shall  niake  in  writing  and  file  as  a  public  document 
with  the  county  clerk  a  report  to  the  superior  court  of  the 
county  or  city  and  county  in  which  such  probation  officer 
is  appointed  to  serve,  and  shall  furnish  a  copy  of  such  re- 
port to  each  judge  in  said  county  or  city  and  county  who 
has  released  any  person  on  probation  who  at  the  time  of 
such  report  remains  on  probation ;  and  a  further  copy  to 
the  secretary  of  the  state  board  of  charities  and  corrections. 
Such  report  shall  state,  without  giving  names,  the  exact 
number  of  persons,  segregating  male  and  female,  and 
segregating  misdemeanors  and  felonies  Avho  have  been  re- 
leased on  probation  to  such  probation  officer  as  such  num- 
ber exists,  deducting  all  cases  of  expiration,  discharge,  dis- 
missal, and  restoration  of  rights,  on  said  30th  day  of  June 
and  said  31st  day  of  December;  and  such  report  shall  fur- 
ther segregate  such  persons  as  having  been  released  on 
probation,  as  the  case  may  be,  in  1903,  1904,  1905,  and  so 


563  JUDGMENT.      PROBATION.  §1203 

on,  up  to  and  iiieliiding  t.h<;  oalendav  year  in  which  such 
report  is  made  and  filed. 

9.  Statement  of  terms  of  probation.  The  probation  offi- 
cer shnll  furnish  to  each  j)ei"son  who  has  been  released  on 
probation,  and  committed  to  his  care  a  written  statement 
of  the  terms  and  conditions  of  his  probation  unless  such 
statement  has  been  furnished  by  the  court,  and  shall  report 
to  the  court,  judge  or  justice,  releasing-  such  person  upon 
probation,  any  violation  or  breach  of  the  terms  and  condi- 
tions imposed  by  such  court  on  the  person  placed  in  his 
care. 

10.  Powers  of  peace  officers.  Such  probation  officer  shall 
have,  as  to  the  person  so  committed  to  the  care  of  said  pro- 
bation officer,  the  powers  of  a  peace  officer.  [Amendment 
approved  1913;  Stats.  1913,  p.  221.] 

Probationary  treatment:    See   pos-t,  §§  1215,   1388. 

Legislation  §  1203.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  48,3),  and  then  read:  "1203.  After  a  plea  or  verdict 
of  guilty,  where  a  discretion  is  conferred  upon  the  court  as  to  the 
extent  of  the  punishment,  the  court,  upon  the  oral  suggestion  of 
either  party  that  there  are  circumstances  which  may  be  properly 
taken  into  view  either  in  aggravation  or  mitigation  of  the  punish- 
ment, may,  in  its  discretion,  hear  the  same  summarily,  at  a  specified 
time,  and  upon  such  notice  to  the  adverse  party  as  it  may  direct." 

2,  Amended  by  Stats.  1903,  p.  34,  to  read:  "1203.  After  plea  or 
verdict  of  guilty,  where  discretion  is  conferred  upon  the  court  as  to 
the  extent  of  the  punishment,  the  court,  upon  oral  suggestions  of 
either  party  that  there  are  circumstances  which  may  properlj^  be 
taken  into  view,  either  in  aggravation  or  mitigation  of  the  punish- 
ment, may,  in  its  discretion,  liear  the  same  summarily  at  a  specified 
time  and  upon  such  notice  to  the  adverse  party  as  it  may  direct. 
'  At  such  specified  time,  if  it  shall  appear  by  the  record  furnished  by 
the  probation  officer,  or  otherwise,  and  from  the  circumstances,  of 
an.v  person  over  the  age  of  sixteen  years  so  having  plead  guilty  or 
having  been  convicted  of  the  crime,  that  there  are  circumstances 
in  mitigation  of  the  punishment,  or  that  the  ends  of  justice  will  be 
subserved  thereby,  the  court  shall  have  power,  in  its  discretion,  to 
place  the  defendant  upon  probation  in  the  manner  following:  1.  The 
court,  judge  or  justice  thereof,  may  suspend  the  imposing  of  sen- 
tence and  may  direct  that  such  suspension  may  continue  for  such 
period  of  time,  not  exceeding  the  maximum  possible  term  of  such 
sentence,  and  upon  such  terms  and  conditions  as  it  shall  determine, 
and  shall  place  such  person  on  probation,  under  the  charge  and  super- 
vision of  the  probation  officer  of  said  court  during  such  suspension. 
2.  If  the  judgment  is  to  pay  a  fine,  and  that  the  defendant  be  impris- 
oned until  it  be  paid,  the  court,  judge,  or  justice,  upon  imposing 
sentence,  may  direct  that  the  execution  of  the  sentence  of  imprison- 
ment be  suspended  for  such  period  of  time,  not  exceeding  the 
maximum  possible  term  of  such  sentence,  and  on  such  terms  as  it 
shall  determine,  and  shall  place  the  defendant  on  probation,  under 
the  charge  and  supervision  of  the  probation  officer  during  such  sus- 
pension, to  the  end  that  he  may  be  given  the  opportunity  to  pay  the 
fine;  provided,  nowever,  that  upon  the  payment  of  the  fine  being 
made,  judgment  shall  be   satisfied  and   the  probation   cease.     3.  At 


:§  1203  PKNAL    CODK.  5G4 

riiiy  tiiiii'  (luiin;^  1  lie  |ii()l»;iti()ii!i  ry  liTiu  cil'  llic  iicisoii  rclcaHcil  on 
|iinli;il  ion,  ill  jicrdriliiiirc  witli  tile  jirovisioiis  of  tliis  s<'('tioii,  any 
iMoliatioii  (illicor  may,  without  warrant,  or  other  jirocess,  at  any  time 
until  the  final  disposition  of  the  case,  rearrest  any  person  so  placed 
in  liis  eare  and  briu<i  him  before  the  eourt,  or  the  court  nuiy,  in 
his  discretion,  issue  a  warrant  for  the  rearrest  of  any  such  person 
and  may  tluM'euiioii  revoke  and  terminate  such  probation,  if  the 
interest  of  Justice  so  requires,  and  if  the  court,  in  its  judgment,  shall 
have  reason  to  believe  from  tlie  report  of  the  probation  oHicer,  or 
otherwise,  that  the  person  so  placed  ui)on  probation  is  violating  the 
conditions  of  his  probation,  or  engaj^ing  in  criminal  practices,  or 
has  become  abandoned  to  improper  associates,  or  a  vicious  life. 
Upon  such  revocation  and  termination,  the  court  may,  if  the  sen- 
tence has  been  suspended,  pronounce  judgment  at  any  time  after  the 
said  suspension  of  the  sentence  within  the  longest  period  for  which 
the  defendant  might  have  been  sentenced,  but  if  the  judgment  has 
been  pronounced  and  tlic  execution  thereof  has  been  suspended, 
the  court  may  revoke  such  suspension,  whereupon  the  judgment 
shall  be  in  full  force  and  eifeet,  and  the  person  shall  be  delivered 
over  to  the  proper  officer  to  serve  his  sentence.  4.  The  court  shall 
have  power  at  any  time  during  the  term  of  probation  to  revoke  or 
modify  its  order  of  suspension  of  imjiosition  or  execution  of  sen- 
tence. It  may,  at  any  time,  when  the  ends  of  justice  will  be  sub- 
served thereby,  and  when  the  good  conduct  and  reform  of  the  per- 
son so  held  on  probation  shall  warrant  it,  terminate  the  period  of 
probation  and  discharge  the  person  so  held,  and  in  all  cases,  if  the 
court  has  not  seen  fit  to  revoke  the  order  of  probation  and  impose 
sentence  or  pronounce  judgment,  the  defendant  shall,  at  the  end 
of  the  term  of  probation,  be  by  the  court  discharged." 

3.  Amended  by  Stats.  1905,  p.  162,  to  read:  "1203.  After  plea  or 
verdict  of  guilt}',  where  discretion  is  conferred  upon  the  court  as 
to  the  extent  of  the  jjunishmeut,  the  court,  upon  oral  suggestion  of 
either  party  that  there  are  circumstances  which  may  properly  be 
taken  into  view,  either  in  aggravation  or  mitigation  of  the  punish- 
ment, may  in  its  discretion,  hear  the  same  summarily  at  a  specified 
time  and  upon  such  notice  to  the  adverse  party  as  it  may  direct. 
In  such  cases  and  after  the  case  of  the  defendant  has  been  investi- 
gated by  the  probation  officer  and  a  written  report  filed  of  record 
in  the  court  in  accordance  with  this  statute,  and  in  accordance  with 
section  one  hundred  and  thirty-one  of  the  Code  of  Civil  Procedure, 
the  court  shall  have  power  in  its  discretion  to  place  the  defendant 
upon  probation  in  the  manner  following,  if  it  shall  appear  to  the 
judge,  by  such  report  so  furnished  by  the  probation  officer  or  other- 
wise, as  to  any  such  defendant  over  the  age  of  sixteen  years  so 
having  pleaded  guilty  or  having  been  convicted  of  crime,  that  there 
are  circumstances  in  mitigation  of  the  punishment  or  that  the  ends 
of  justice  and  the  interest  of  society  and  the  reform  of  the  defend- 
ant will  be  subserved  thereby,  viz.:  1.  The  court,  judge  or  justice 
thereof  maj'  suspend  the  imposing  of  sentence  and  ma}'  direct  that 
such  suspension  may  continue  for  such  period  of  time,  not  exceed- 
ing the  maximum  possible  term  of  such  sentence,  and  upon  such 
terms  and  conditions  as  it  shall  determine,  and  shall  place  such 
person  on  probation,  under  the  charge  and  suiservision  of  the  pro- 
bation officer  of  said  court  during  such  suspension,  or  under  the 
charge  and  supervision  of  the  probation  officer  of  the  court  of  an- 
other county,  where  the  court  shall  deem  it  best  because  of  the 
residence  or  place  of  occupation  or  employment  of  the  person  so 
released  on  }>robation,  or  because  the  ends  of  justice  or  reform  of 


565  JUDGMENT.      PROBATION.  §  12U3 

such  person  will  be  best  subserved  thereby.  2.  If  the  judgment 
is  to  pay  a  fine,  and  that  the  defendant  be  imprisoned  until  it  be 
paid,  the  court,  judge,  or  justice,  upon  imposing  sentence^  may  direct 
that  the  execution  of  the  sentence  of  imprisonment  be  suspended' 
for  such  period  of  time,  not  exceeding  the  maximum  possible  term 
of  such  sentence,  and  on  such  terms,  as  it  shall  determine,  and  shall 
place  the  defendant  on  probation,  under  the  charge  and  suiiervisiou 
of  the  probation  officer  during  such  suspension,  to  the  end  that  he 
may  be  given  the  opportunity  to  pay  the  fine;  provided,  however, 
that  upon  payment  of  the  fine  being  made,  judgment  shall  be  satis- 
fied and  the  probation  cease.  3.  At  any  time  during  the  probation- 
ary term  of  the  person  released  on  probation,  in  accordance  with 
the  provisions  of  this  section,  any  probation  officer  may,  without 
warrant,  or  other  process,  at  any  time  until  the  final  disposition  of 
the  case,  rearrest  any  person  so  jilaced  in  his  care  and  bring  him 
before  the  court.  If  in  the  opinion  of  the  officer  it  is  for  the  inter- 
est of  justice  and  of  society  and  the  reform  of  such  person  that 
his  probation  be  revoked  and  that  he  be  committed  to  prison,  such 
officer  shall  file  his  written  recommendation  thereof  of  record  in  the 
court;  or  the  court  may  of  its  own  motion  in  its  discretion,  issue  a 
warrant  for  the  rearrest  of  any  such  person  and  may  thereupon  or 
upon  such  written  recommendation  of  such  probation  officer,  revoke 
and  terminate  such  probation,  if  the  interest  of  justice  and  of 
society,  or  the  reform  of  the  person  will  be  subserved  thereby,  and 
if  the  court,  in  its  judgment,  shall  have  reason  to  believe  from 
the  report  of  the  probation  officer,  or  otherwise,  that  the  person 
so  placed  upo»i  probation  is  violating  the  conditions  of  his  proba- 
tion, or  engaging  in  any  criminal  or  immoral  practices,  or  has  be- 
come abandoned  to  improper  associates,  or  a  vicious  life.  Upon 
such  revocation  and  termination,  the  court  may,  if  the  sentence  has 
been  suspended,  pronounce  judgment  at  any  time  after  the  said  sus- 
pension of  the  sentence  within  the  longest  period  for  which  the 
defendant  might  have  been  sentenced,  but  if  the  judgment  has  been 
pronounced  and  the  execution  thereof  has  been  suspended,  the  court 
may  revoke  such  suspension,  whereupon  the  judgment  shall  have 
full  force  and  effect,  and  the  person  shall  be  delivered  over  to  the 
proper  officer  to  serve  his  sentence,  and  the  time  during  which  the 
execution  of  such  judgment  was  suspended  shall  not  count  as  any 
part  of  any  term  of  imprisonment  provided  for,  by,  or  resulting  under 
such  judgment.  4.  The  court  shall  have  power  at  any  time  during 
the  term  of  probation  to  revoke  or  modify  its  order  of  suspension 
of  imposition  or  execution  of  sentence.  It  may,  at  any  time,  when 
the  ends  of  justice  will  be  subserved  thereby,  and  when  the  good 
conduct  and  reform  of  the  person  so  held  on  probation  shall  war- 
rant it,  terminate  the  period  of  probation  and  discharge  the  person 
so  held,  and  in  all  cases,  if  the  court  has  not  seen  fit  to  revoke  the 
order  of  probation  and  impose  sentence  or  pronounce  judgment,  the 
defendant  shall,  at  the  end  of  the  term  of  probation,  be  by  the  court 
discharged." 

4.  Amended  by  Stats.  1909,  p.  3.57,  to  read:  "After  jjlea  or  ver- 
dict of  gui'.ty,  where  discretion  is  conferred  upon  the  court  as  to 
the  extent  of  the  punishment,  the  court,  upon  oral  suggestions  of 
either  party  that  there  are  circumstances  which  may  properly  be 
taken  into  view,  either  in  aggravation  or  mitigation  of  the  punish- 
ment, may,  in  its  discretion,  hear  the  same  summarily  at  a  .specified 
time  and  upon  such  notice  to  the  adverse  party  as  it  may  direct. 
At  such  specified  time,  if  it  shall  appear  by  the  record  furnished 
"by  the  probation  officer,  or  otherwise,  and  from  the  circumstances. 


§  1203  PENAL    CODE.  566 

of  .'tny  jicrsdn  ovov  llio  ;i^t'  of  sixtci'ii  years  so  ha\'inK  l)U'a(l  fiuilty 
or  h.'iviufi-  hocn  convictcNl  of  tlie  f-riiiio.  that  thero  are  circumstances 
in  niitifTation  of  the  punishment,  or  that  the  entls  of  justice  will 
be  subserved  thereby,  the  court  sliall  have  ])o\ver,  in  its  discretion, 
to  place  the  defendant  upon  probation  in  the  manner  following: 
1.  The  court,  .iudge  or  justice  thereof,  may  suspend  the  imposing 
of  sentence  and  may  direct  that  such  suspension  may  continue  for 
such  period  of  time,  not  exceeding  the  maximum  possible  term  of 
such  sentence,  and  upon  such  terms  and  conditions  as  it  shall  deter- 
mine, and  shall  place  such  person  on  probation,  under  the  charge 
and  sujiervision  of  the  probation  officer  of  said  court  during  such 
suspension.  2.  If  the  judfiment  is  to  pay  a  fine,  and  that  the  de- 
fendant be  imprisoned  until  it  be  paid,  the  court,  judge,  or  ju.stice, 
upon  imposing  sentence,  may  direct  that  the  execution  of  the  sen- 
tence of  imprisonment  be  sus]iended  for  such  period  of  time,  not 
exceeding  the  maximum  possible  term  of  such  sentence,  and  on  such 
terms  as  it  shall  determine,  and  shall  place  the  defendant  on  proba- 
tion, under  the  charge  and  sujjervision  of  the  probation  officer 
during  such  suspension,  to  the  end  that  he  may  be  given  the  oppor- 
tunity to  pay  the  fine;  provided,  however,  that  upon  the  payment 
of  the  fine  being  made,  judgment  shall  be  satisfied  and  the  probation 
cease.  3.  At  any  time  during  the  probationary  term  of  the  person 
released  on  probation,  in  accordance  with  the  provisions  of  this 
section,  any  probation  officer  may,  without  warrant,  or  other  pro- 
cess, at  any  time  until  the  final  disposition  of  the  case,  rearrest 
any  person  so  placed  in  his  care  and  bring  him  before  the  court,  or 
the  court  may,  in  his  discretion,  issue  a  warrant  for  the  rearrest  of 
any  such  person  and  may  thereupon  revoke  and  terminate  such 
probation,  if  the  interest  of  justice  so  requires,  and  if  the  court, 
in  its  judgment,  shall  have  reason  to  believe  from  the  report  of 
the  probation  officer,  or  otherwise  that  the  person  so  placed  upon 
probation  is  violating  the  conditions  of  his  probation,  or  engaging 
in  criminal  practices,  or  has  become  abandoned  to  improper  asso- 
ciates, or  a  A'ieious  life.  Upon  such  revocation  and  termination,  the 
court  may,  if  the  sentence  has  been  suspended,  pronounce  judgment 
at  any  time  after  the  said  suspension  of  the  sentence  within  the 
longest  period  for  which  the  defendant  might  have  been  sentenced, 
but  if  the  judgment  has  been  pronounced  and  the  execution  thereof 
has  been  suspended,  the  court  may  revoke  such  suspension,  where- 
upon the  judgment  shall  be  in  full  force  and  effect,  and  the  person 
shall  be  delivered  over  to  the  proper  officer  to  serve  his  sentence. 

4.  The  court  shall  have  power  at  any  time  during  the  term  of  pro- 
bation to  revoke  or  modify  its  order  of  suspension  of  imposition  or 
execution  of  sentence.  It  may,  at  any  time,  when  the  ends  of  jus- 
tice will  be  subserved  thereby,  and  when  the  good  conduct  and  re- 
form of  the  person  so  held  on  probation  shall  warrant  it,  terminate 
the  period  of  probation  and  dischai'ge  the  person  so  held,  and  in  all 
cases,  if  the  court  has  not  seen  fit  to  revoke  the  order  of  probation 
and  impose  sentence  or  pronounce  judgment,  the  defendant  shall, 
at  the   end  of  the  term  of  probation,  be  by  the  court  discharged. 

5.  Every  defendant  who  has  fulfilled  the  conditions  of  his  proba- 
tion for  the  entire  period  thereof,  or  who  shall  have  been  discharged 
from  probation  prior  to  the  termination  of  the  period  thereof,  shall 
at  any  time  prior  to  the  expiration  of  the  maximum  period  of  pun- 
ishment for  the  offense  of  which  he  has  been  convicted,  dating 
from  said  discharge  from  probation  or  said  termination  of  said 
period  of  probation,  be  permitted  by  the  court  to  withdraw  his  jilea 
of   guilty   and  enter   m    plea   of   not   guilty;    or,  if  he   has  been    con- 


567  JUDGMENT.       PROBATION.  §  1203 

victeil  after  a  plea  of  not  guilty,  the  court  shall  set  aside  the  ver- 
dict of  guilty  and  the  court  shall  thereupon  dismiss  the  accusation 
or  information  against  such  defendant  who  shall  thereafter  be  re- 
leased from  all  penalties  and  disabilities  resulting  from  the  offense 
or  crime  of  which  he  has  been  convicted." 

5.  Amended  by  Stats.  1911,  p.  689,  to  read:  "§1203.  After  plea 
or  verdict  of  guilty,  where  discretion  is  conferred  upon  the  court 
as  to  the  extent  of  the  punishment,  the  court,  upon  oral  sugges- 
tions of  either  party,  or  of  its  own  motion,  that  there  are  circum- 
stances which  may  properly  be  taken  into  view,  either  in  aggravation 
or  mitigation  of  the  punishment,  may  in  its  discretion  refer  the 
same  to  the  probation  officer,  directing  said  probation  officer  to  in- 
vestigate, and  to  report,  recommending  either  for  or  against  release 
upon  probation,  at  a  specified  time,  and  the  court  shall  hear  the 
same  summarily  at  such  specified  times,  and  upon  such  notice  to  the 
adverse  party  as  it  may  direct.  At  such  specified  time,  if  it  shall 
appear  from  the  report  furnished  Ity  the  probation  officer,  or  other- 
wise, and  from  the  circumstances,  of  any  person  over  the  age  of 
eighteen  (18)  years,  so  having  pleaded  guilty,  or  having  been  con- 
victed of  crime,  that  there  are  circumstances  in  mitigation  of  the 
punishment,  or  that  the  ends  of  justice  shall  be  subserved  thereby, 
the  court  shall  have  power,  in  its  discretion,  to  place  the  defendant 
upon  probation  in  the  manner  following:  1.  The  court,  judge  or 
justice  thereof,  may  suspend  the  imposing,  or  the  execution  of  sen- 
tence, and  may  direct  that  such  suspension  may  continue  for  such 
period  of  time,  not  exceeding  the  maximum  possible  term  of  such 
sentence,  and  upon  such  terms  and  conditions  as  it  shall  determine, 
which  terms  and  conditions  may  include,  in  the  discretion  of  the 
court,  the  requirement  of  bonds  for  the  appearance  of  the  person 
released  upon  probation  before  the  court,  at  any  time  that  the  court 
may  require  such  appearance  in  the  investigation  of  any  alleged 
violation  of  said  terms  and  conditions  of  probation,  and  such  bonds 
may  be  at  any  time  by  the  court  exonerated  without  affecting  any 
of  the  other  terms  or  conditions  of  such  probation;  and  in  case  of 
such  suspension  of  imposition  or  execution  of  sentence,  the  court 
shall  place  such  person  on  probation  and  under  the  charge  and 
supervision  of  the  probation  officer  of  said  court,  during  such  sus- 
pension, or  under  the  charge  and  supervision  of  the  probation  officer 
of  the  county  in  which  such  probationer  is  by  the  court  permitted 
to  reside.  2.  If  the  judgment  is  to  pay  a  fine,  and  that  the  defend- 
ant be  imprisoned  until  it  be  paid,  the  court,  judge,  or  justice,  upon 
imposing  sentence,  may  direct  that  the  execution  of  the  sentence 
of  imprisonment  be  suspended  for  such  period  of  time,  not  exceeding 
the  maximum  possible  term  of  such  sentence,  and  on  such  terms  as 
it  shall  determine,  and  shall  place  the  defendant  on  probation,  under 
the  charge  and  supervision  of  the  probation  officer  during  such  sus- 
pension, to  the  end  that  he  may  be  given  the  opportunity  to  pay  the 
fine;  provided,  however,  that  upon  the  payment  of  the  fine  being 
made,  judgment  shall  be  satisfied  and  the  probation  cease.  3.  At 
any  time  during  the  probationary  term  of  the  person  released  on 
probation,  in  accordance  with  the  provisions  of  this  section,  any 
probation  officer  may,  without  warrant,  or  other  process,  at  any 
time  until  the  final  disposition  of  the  case,  rearrest  any  person  so 
placed  in  his  care  and  bring  him  before  the  court,  or  the  court  may, 
in  its  discretion,  issue  a  warrant  for  the  rearrest  of  any  such  person 
and  may  thereupon  revoke  and  terminate  such  probation,  if  the 
interest  of  justice  so  requires,  and  if  the  court,  in  its  judgment, 
shall  have  reason  to  believe  from  the  report  of  the  probation  officer, 


§  1203  PENAL    C()1>K.  5G8 

or  otliciwise,  that  the  i)Oison  so  placed  upon  probation  is  violating 
the  coiiclitions  of  his  probation,  or  oiigaginjr  in  criminal  practices, 
or  has  become  abandoned  to  improper  associates,  or  a  vicious  life. 
Upon  such  revocation  and  termination,  the  court  may,  if  the  sen- 
tence lias  been  suspended,  pronounce  judgment  after  tiie  said  sus- 
pension of  the  sentence  for  any  time  witliin  the  longest  period  for 
which  the  defendant  might  have  been  sentenced,  but  if  the  judg- 
ment has  been  pronounced  and  the  execution  thereof  has  been  sus- 
jiended,  the  court  may  revoke  such  suspension,  whereupon  the 
judgment  shall  be  in  full  force  and  effect,  and  the  person  shall  be 
tlelivered  over  to  the  proper  officer  to  serve  his  sentence.  4.  The 
court  shall  have  power  at  any  time  during  the  term  of  probation 
to  revoke  or  modify  its  order  of  suspension,  of  imposition  or  exe- 
cution of  sentence.  It  may,  at  any  time,  when  the  ends  of  justice 
>vill  be  subserved  thereby,  and  when  the  good  conduct  and  reform 
of  the  person  so  held  on  probation  shall  warrant  it,  terminate  tlie 
period  of  probation  and  discliarge  the  person  so  held,  and  in  all 
cases,  if  tlie  court  has  not  seen  fit  to  revoke  the  order  of  probation 
and  impose  sentence  or  pronounce  judgment,  the  defendant  shall, 
at  the  end  of  the  term  of  probation,  be  by  the  court  discharged. 
5.  Every  defendant  who  lias  fulfilled  the  conditions  of  his  probation 
for  the  entire  period  thereof,  or  who  shall  have  been  discharged 
from  probation  prior  to  the  termination  of  the  period  thereof,  shall 
at  any  time  prior  to  the  expiration  of  the  maximum  period  of  jnm- 
ishment  for  the  offense  of  which  he  has  been  convicted,  dating 
from  said  discharge  from  probation  or  said  termination  of  said 
period  of  probation,  be  permitted  by  the  court  to  withdraw  his  plea 
of  guiltj'  and  enter  a  plea  of  not  guilty;  or,  if  he  has  been  convicted 
after  a  plea  of  not  guilty,  the  court  shall  set  aside  the  verdict  of 
guilty;  and  in  either  case  the  court  shall  thereupon  dismiss  the 
accusation  or  information  against  such  defendant  who  shall  there- 
after be  released  from  all  penalties  and  disabilities  resulting  from 
the  offense  or  crime  of  which  he  has  been  convicted.  6.  The  same 
probation  officers  and  assistant  probation  officers  and  deputy  pro- 
bation officers  shall  serve  under  this  act  as  are  appointed  under  the 
act  known  as  the  juvenile  court  law,  and  entitled  "An  act  con- 
cerning dependent  and  delinquent  minor  children,  providing  for  their 
care,  custody,  and  maintenance,  until  twenty-one  years  of  age;  pro- 
viding for  their  commitment  to  the  Whittier  State  School  and  the 
Preston  State  School  of  Industry,  and  the  manner  of  such  commit- 
ment and  release  therefrom,  establishing  a  probation  committee  and 
probation  officers  to  deal  with  such  children,  and  fixing  the  salaries 
of  probation  officers;  piroviding  for  detention  homes  for  said  chil- 
dren; providing  for  the  punishment  of  persons  responsible  for,  or 
contributing  to,  the  dependency  or  delinquency  of  children;  and 
giving  to  the  superior  court  jurisdiction  of  such  offenses,  and  repeal- 
ing inconsistent  acts,"  approved  March  8,  1909,  or  under  any  laws 
amending  or  superseding  the  same.  7.  Such  probation  officers  shall 
serve  under  this  act  whenever  required  to  do  so  by  any  court  having 
original  jurisdiction  of  criminal  actions  in  this  state.  8.  At  the 
time  of  the  plea  or  verdict  of  guilty  of  any  crime  of  any  person 
over  eighteen  years  of  age,  the  probation  officer  of  the  county  of  the 
jurisdiction  of  said  crime  shall,  when  so  directed  by  the  court,  in- 
quire into  the  antecedents,  character,  history,  family  environment, 
and  offense  of  such  person,  and  must  report  the  same  to  the  court, 
and  file  his  report  in  writing  in  the  records  of  said  court.  His 
report  shall  contain  his  recommendation  for  or  against  the  release 
of  such  person  on  probation.     Tf  any  such  person  shall  be  released 


569  THE  JUDGMENT.  §  1205 

ou  probation  aud  committed  to  the  care  of  tlie  probation  officer,  such 
officer  shall  keep  a  complete  aud  accurate  record  in  suitable  books 
or  other  form  in  writing,  of  the  history  of  the  case  in  court,  aud 
of  the  name  of  the  probation  officer,  and  his  acts  in  connection 
with  said  case;  also  the  age,  sex,  nativity,  residence,  education, 
habits  of  temperance,  whether  married  or  single,  and  the  conduct, 
employment,  and  occupation,  and  parents'  occupation,  and  condition 
of  such  person  so  committed  to  his  care  during  the  term  of  such 
probation  and  the  result  of  such  probation.  Such  record  of  such 
probation  officer  shall  be  and  constitute  a  part  of  the  records  of  the 
court,  and  shall  at  all  times  be  open  to  the  inspection  of  the  court, 
or  of  any  person  appointed  by  the  court  for  that  purpose,  as  well 
as  of  all  magistrates,  and  the  chief  of  police,  or  other  head  of  the 
police,  unless  otherwise  ordered  by  the  court.  Said  books  of  record 
shall  be  furnished  for  the  use  of  said  probation  officer  of  said  county 
and  shall  be  paid  for  out  of  the  county  treasury.  9.  The  probation 
officer  shall  furnish  to  each  person  who  has  been  released  on  pro- 
bation, and  committed  to  his  care,  a  written  statement  of  the  terms 
and  conditions  of  his  probation,  unless  such  statement  has  been 
furnished  by  the  court,  and  shall  report  to  the  court,  judge  or  jus- 
tice, releasing  such  person  upon  probation,  any  violation  or  breach 
of  the  terms  and  conditions  imposed  b}-  such  court  on  the  person 
placed  in  his  care.  10.  Such  probation  officer  shall  have,  as  to  the 
person  so  committed  to  the  care  of  said  probation  officer,  the  powers 
of  a  peace  officer." 

6.  Amended  by  Stats..  1913,  p.  221. 

§  1204.  Proof  of  former  conviction  or  of  facts,  etc.,  in 
mitigation,  etc.,  how  made.  The  circumstances  must  be  pre- 
sented )  y  the  testimony  of  witnesses  examined  in  open  court, 
except  that  when  a  witness  is  so  sick  or  infirm  as  to  be  un- 
able to  attend,  his  deposition  may  be  taken  by  a  magistrate 
of  the  county,  out  of  court,  upon  such  notice  to  the  adverse 
party  as  the  court  may  direct.  No  affidavit  or  testimony,  or 
representation  of  any  Ivind.  verbal  or  written,  can  be  offered 
to  or  received  by  the  court,  or  a  judge  thereof,  in  aggrava- 
tion or  mitigation  of  the  punishment,  except  as  provided  in 
this  and  the  preceding  section. 

Legislation  §  1204.     Enacted  February  14,  1872. 

§  1205.     Imprisonment  for  fine.     A  judgment  that  the  de- 
fendant pay  a  fine  may  also  direct  that  he  be  imprisoned 
until  the  fine  be  satisfied.     But  the  judgment  must  specify 
the  extent  of  the  imprisonment,  which  must  not  exceed  one 
day  for  every  two  dollars  of  the  fine,  nor  extend  in  any  case 
beyond  the  term  for  which  the  defendant  might  be  sentenced 
to  imprisonment  for  the  offense  of  which  he  has  been  con- 
victed.    [Amendment  approved  1891;  Stats.  1891,  p.  52.] 
Fine,  imprisonment  until  paid:   See  post,  §§  1446,  1456. 
Legislation  §  1205.     1.  Enacted    February    14,    1872    (N.   Y.    Code 
Grim.  Proc,  §  484);  in  substance  the  same  as  Grim.  Prac.  Act,  §  460, 
as  amended  by  Stats.  1857,  p.  164,  §  1,  which  had  the  words  "or  in 
that  proportion"  at  end   of  section.     When  enacted   in   1872,  §  1205 


§  1207  PKNAL  CODE.  570 

read:  "1205.  A  jiulgnicut  thai  thn  dofcndaut  pay  a  fine  may  also 
direct  that  he  be  imprisoned  until  the  fine  is  satisfied,  specifying 
the  extent  of  the  imprisonment,  which  cannot  exceed  one  day  for 
overy  two  dollars  of  the  fine." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  455,  to  read:  "1205.  A 
.indyment  that  the  defendant  pay  a  fine  may  also  direct  that  he  be 
imprisoned  until  the  fine  be  satisfied,  specifying  the  extent  of  im- 
prisonment, which  must  not  exceed  one  day  for  every  dollar  of  the 
fine." 

3.  Amended  by  Stats.  1891,  p.  52. 

§  1206.  Judgment  to  pay  fine  constitutes  a  lien.  A  .jud^'- 
nient  that  a  del'endaiit  pay  a  fine  with  or  without  the  alterna- 
tive of  imprisonment  constitutes  a  lien  in  like  manner  as  a 
judgment  for  money  rendered  in  a  civil  action.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  764.] 

Disposition  of  fines   and  forfeitures:    See  post,  §  1570.     Compare 

with  post,  §  1214. 

Legislation  §  1206.  1.  Enacted  February  14.  1872;  in  substance 
the  same  as  Crim.  Prac.  Act,  Stats.  1851,"  p.  263,  §  461.  When  en- 
acted in  1872,  §  1206  read:  "1206.  A  judgment  that  the  defendant 
pay  a  fine  constitutes  a  lien,  in  like  manner  as  a  judgment  for  money 
rendered  in  a  civil  action." 

2.  Amendment  by  Stats.  1901,  p.  491;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  764;  the  code  commissioner  say- 
ing, "The  amendment  makes  the  section  applicable  whether  tlie  fine 
was  imposed  with  or  without  the  alternative  of  imprisonment.  (See 
People  V.  Brown,  113  Cal.  35.)" 

§  1207.  Entry  of  judgment.  When  judgment  upon  a  con- 
viction is  rendered,  the  clerk  must  enter  the  same  in  the 
minutes,  stating  briefly  the  offense  for  w'hich  the  conviction 
was  had,  and  the  fact  of  a  prior  conviction,  if  any,  and  must, 
within  five  days,  annex  together  and  file  the  following 
papers,  which  constitute  a  record  of  the  action: 

1.  The  indictment  or  information,  and  a  copy  of  the  min- 
utes of  the  plea  or  demurrer ; 

2.  A  copy  of  the  minutes  of  the  trial ; 

3.  The  written  instructions  given,  modified,  or  refused, 
with  the  indorsements  thereon,  and  the  certified  transcript 
of  the  charge  of  the  court;  and, 

4.  A  eopv  of  the  judgment.  [Amendment  approved  1905; 
Stats.  1905;p.  764.] 

Legislation  §  1207.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  485);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  263,  §  462,  but  which  did  not  contain  subd.  8  of  the  original 
code  section.  When  enacted  in  1872,  §  1207  read:  "1207.  W'hen 
judgment  upon  a  conviction  is  rendered,  the  clerk  must  enter  the 
same  upon  the  minutes,  stating  briefly  the  offense  for  which  the 
conviction  was  had,  and  the  fact  of  a  prior  conviction  (if  one), 
and  must  within  five  days  annex  together  and  file  the  following 
papers,   which   constitue   a   record   of  the   action:    1.  A  copy   of   the 


571  the:  execution.  §  1207 

minutes  of  a  challenge  interposed  by  the  defendant  to  the  panel 
of  the  grand  jury,  or  to  an  individual  grand  juror,  and  the  pro- 
ceedings and  decision  thereon;  2.  The  indictment  and  a  copy  of  the 
minutes  of  the  plea  or  demurrer;  3.  A  copy  of  the  minutes  of  a 
challenge  interposed  to  the  panel  of  the  trial  jury  or  to  an  indi- 
vidual juror,  and  the  proceedings  and  decision  thereon;  4.  A  copy 
of  the  minutes  of  the  trial;  5.  A  copy  of  the  minutes  of  the  judg- 
ment; 6.  The  bill  of  exceptions,  if  there  be  one;  7.  The  written 
charges  asked  of  the  court,  and  refused,  if  there  be  any;  8.  A  copy 
of  all  charges  given  and  of  the  indorsements  thereon." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  449,  to  read:  "1207.  When 
judgment  upon  a  conviction  is  rendered,  the  clerk  must  enter  the 
same  in  the  minutes,  stating  briefly  the  offense  for  which  the  con- 
viction was  had,  and  the  fact  of  a  prior  conviction  (if  one),  and 
must,  within  five  days,  annex  together  and  file  the  following  papers, 
which  will  constitute  a  record  of  the  action;  First — The  indictment 
and  a  copy  of  the  minutes  of  the  plea  or  demurrer.  Second — A  copy 
of  the  minutes  of  the  trial.  Third — The  charges  given  or  refused 
and  the  indorsements  thereon;  and  Fourth — A  copy  of  the  judg- 
ment." 

3.  Amended  by  Code  Amdts.  1880,  p.  26,  in  subd.  1,  adding  "or 
information"  after  "The  indictment." 

4.  Amendment  by  Stats.  1901,  p.  491;  unconstitutional.  See  note, 
§  5,  ante. 

5.  Amended  by  Stats.  1905,  p.  764;  the  code  commissioner  saying, 
"The  design  of  the  amendment  is  to  conform  the  section  to  the 
amendment  to  §  1176.  To  effect  this  the  words  'and  the  certified 
transcript  of  the  charge  of  the  court'  are  inserted  after  'thereon.'  " 


CHAPTER  II. 
The  Execution. 

§  1213.  Authority  for  the  execution  of  a  judgment,  other  than  of 
death. 

§  1214.     If  for  fine  alone,  execution  to  issue  as  in  civil  cases. 

§  1215.     .Judgment,  hv  whom  and  how  executed. 

§  1216.  Duty  of  sheriff  on  receiving  copy  of  judgment  of  imprison- 
ment. 

§  1217.  Warrant  of  execution  upon  judgment  of  death.  Time  of  exe- 
cution. 

§  1218.  Judge  to  transmit  statement  of  conviction  and  testimony  to 
governor. 

§  1219.  Governor  may  require  opinion  of  justices  of  supreme  court, 
etc.,  thereon. 

§  1220.     Judgment  of  death,  when  suspended. 

§  1221.     Insanity  of  defendant,  how  determined. 

§  1222.     Duty  of  district  attorney  upon  hearing. 

§  1223.     Order  of  court  committing  insane  person  to  hospital. 

§  1224.     Defendant  found  to  be  sane,  duty  of  warden. 

§  1225.     Proceedings  when  female  is  supposed  to  be  pregnant. 

§  1226.     If  female  is  not  pregnant,  duty  of  warden. 

§  1227.  Judgment  of  death  remaining  in  force,  not  executed.  No 
appeal  from  order  of  court. 

§  1228.     Punishment  of  death,  how  inflicted. 

§  1229.     Execution,  where  to  take  place  and  who  to  be  present. 

§  1230.     Return   upon   death-warrant. 


^1215  PENAL    CODE.  572 

§  1213.     Authority  for  the  execution  of  a  judgment,  other 
than  of  death.     When  a  judgment,  other  than  oi"  death,  has 
been  i)i'()iiounced,  a  cei'tified  cu])y  oi"  tlie  entry  thereof  upon 
the  niiiuites  must  be  forthwith  furiiislied  to  the  officer  whose 
duty  it  is  to  execute  the  judgment,  and  no  otlier  warrant 
or  authority  is  necessary  to  justify  or  require  its  execution. 
Legislation  §  1213.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  486) ;   based   on   Crim.  Prac.   Act,  ytats.   1851,   p.   2G3,  §  463, 
which  read:  "§463.      Where  a  judgmeut  has  been  pronounced,  a  cer- 
tified copy  of  the  entry  thereof  in  the  minutes  shall  be  forthwith 
furnished  to  the  officers  whose  duty  it  is  to  execute  the  judgment, 
and  no  other  warrant  or  authority  is  necessary  to  justify  or  require 
the  execution  thereof  except  where  judgment  of  death  is  rendered." 

§  1214.  If  for  fine  alone,  execution  to  issue  as  in  civil 
cases.  If  the  judgment  is  for  a  fine  with  or  Avithout  im- 
prisonment, execution  may  be  issued  thereon  as  on  a  judg- 
ment in  a  civil  action.  [Amendment  approved  1905 ;  Stats. 
1905,  p.  698.] 

Judgment  to  pay  fine  constitutes  lien:  Ante,  §  1206. 
Legislation  §  1214.  1.  Enacted  February  14,  1872;  in  substance 
the  same  as  Crim.  Prac.  Act,  Stats.  18.51,  p.  263,  §  464.  When  en- 
acted in  1872,  §  1214  read:  "1214.  If  the  judgment  is  for  a  fine 
alone,  execution  may  be  issued  thereon  as  on  a  judgment  in  a  civil 
action." 

2.  Amendment  by  Stats.  1901,  p.  491;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  698;  the  code  commissioner  saying, 
"The  amendment  makes  the  rule  of  the  section  applicable,  though 
the  punishment  include  imprisonment  as  well  as  fine.  (See  People 
V.  Brown,  113  Cal.  35.)" 

§  1215.    Judgment,  by  whom  and  how  executed.    If  the 

judgment  is  for  imprisonment,  or  a  fine  and  imprisonment 
until  it  be  paid,  the  defendant  must  forthwith  be  com- 
mitted to  the  custody  of  the  proper  officer  and  by  him 
detained  until  the  judgment  is  complied  with.  Where,  how- 
ever, the  court  has  suspended  sentence,  or  where,  after  im- 
posing sentence,  the  court  has  suspended  the  execution 
thereof  and  placed  the  defendant  on  probation,  as  provided 
in  section  twelve  hundred  and  three  of  the  Penal  Code,  the 
defendant,  if  over  the  age  of  sixteen  years,  must  forthwith 
be  placed  under  the  care  and  supervision  of  the  probation 
officer  of  the  court  committing  him,  until  the  expiration  of 
the  period  of  probation  and  the  compliance  with  the  terms 
and  conditions  of  the  sentence,  or  of  the  suspension  thereof. 
Where,  hoAvever,  the  probation  has  been  terminated  as  pro- 
vided in  section  twelve  hundred  and  three  of  the  Penal  Code, 
and  the  suspension  of  the  sentence,  or  of  the  execution  re- 
voked, and  the  judgment  pronounced,  the  defendant  must 


573  THE   EXECUTION.  §  1217 

forthwith  be  committed  to  the  custody  of  the  proper  officer 
and  be  detained  until  the  judgment  be  complied  with. 
[Amendment  approved  1903;  Stats.  1903,  p.  35.] 

Payment  of  fine:  See  ante,  §  1205. 

Probationary  treatment:  See  ante,  §  1203;  post,  §  13S8. 

Judgment  of  imprisonment,  how  executed:  See  post,  §§  1216^  1455. 

Legislation  §  1215.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  488) ;  in  substance  the  same  as  Crini.  Prac.  Act,  Stats. 
1851,  p.  263,  §465.  When  enacted  in  1872,  the  section  contained 
only  the  first  sentence  of  the  present  section. 

2.  Amended  by  Stats.  1903,  p.  35,  adding  the  last  two  sentences. 

§  1216.  Duty  of  sheriff  on  receiving  copy  of  judgment 
of  imprisonment.  If  the  judgment  is  for  imprisonment  in 
the  state  prison,  the  sheriff  of  the  county  must,  upon  receipt 
of  a  certified  copy  thereof,  take  and  deliver  the  defendant 
to  the  warden  of  the  state  prison.  He  must  also  deliver  to 
the  warden  the  certified  copy  of  the  judgment,  and  take 
from  the  warden  a  receipt  for  the  defendant. 

Execution:  Ante,  §  1213. 

Judgment  of  imprisonment,  how  executed:  See  ante,  §  121.5;  post, 
§  1455. 

Legislation  §  1216.  1.  Enacted  February  14,  1872  (N.  Y.  Cod.e 
Crim.  Proc,  §489);  based  on  Stats.  1856,'  p.  226,  §  2,  which  read: 
"Sec.  2.  It  shall  be  the  duty  of  the  sheriff,  immediately  upon  the 
receipt  of  the  clerk's  certificate,  to  proceed  and  deliver  at  the  state 
prison,  each  person  sentenced  to  imprisonment  therein;  and  for  each 
convict  delivered,  he  shall  take  the  receipt  of  the  person  in  charge 
of  the  prison." 

2.  Amendment  by  Stats.  1901,  p.  491;  unconstitutional.  See  note, 
§  5,  ante. 

§  1217.     Warrant  of  execution  upon  judgment  of  death. 
Time  of  execution.     "When  judgment  of  death  is  rendered,  a 
warrant,  signed  by  the  judge,  and  attested  by  the  clerk, 
under  the  seal  of  the  court,  must  be  drawn  and  delivered 
to  the  sheriff.     It  must  state  the  conviction  and  judgment, 
and  appoint  a  day  on  which  the  judgment  is  to  be  executed, 
w^hich  must  not  be  less  than  sixty  nor  more  than  ninety  days 
from  the  time  of  judgment,  and  must  direct  the  sheriff  to 
deliver  the  defendant,  within  ten  days  from  the  time  of 
judgment,  to  the  warden  of  one  of  the  state  prisons  of  this 
state,  for  execution,  such  prison  to  be  designated  in  the 
warrant.      [Amendment  approved  1891;  Stats.  1891,  p.  272.] 
Execution  of  judgment  of  death:  See  post,  §§  1228,  1229. 
Legislation  §  1217.     1.  Enacted   February    14,    1872    {N.   Y.    Code 
Crim.  Proc,  §§  491.  492);  in  substance  the  same  as  Crim.  Prac.  Act, 
Stats.  1851,  p.  263,  §  466.     When  enacted  in  1872,  the  first  sentence 
read  the  same  as  the  amendment  of  1891   (the  present  section),  the 
second   sentence   reading,   "It   must   state   the   conviction   and   judg- 
ment, and  appoint  a  day  on  which  the  judgment  is  to  be  executed, 


§  1221  PENAL    CODE.  574 

which   iiiiist  not  bo  less  tlian  tliiity   nor  more  than  sixty  dnys  from 
the   time   of  jiidjiment." 

2.  Amended  by  Stats.  1891,  p.  272. 

3.  Amendment  by  Stats.  1901,  \>.  491;  inu.-onstitutional.  See  note, 
§  5,  ante. 

§  1218.  Judge  to  transmit  statement  of  conviction  and 
testimony  to  governor.  The  judge  of  tlie  court  at  Avhich  a 
conviction  reciuiriiig  judgniont  oL'  death  is  had,  must,  im- 
mediately after  the  conviction,  transmit  to  the  governor, 
by  mail  or  otherwise,  a  statement  of  the  conviction  and 
judgment,  and  of  the  testimony  given  at  the  trial. 

Legislation  §  1218.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proe..  §  493);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  263,  §  467. 

§  1219.  Governor  may  require  opinion  of  justices  of  su- 
preme court,  etc.,  thereon.  The  governor  may  thereupon 
require  the  opinion  of  the  justices  of  the  supreme  court  and 
of  the  attorney-general,  or  any  of  them,  upon  the  statement 
so  furnished. 

Legislation  §  1219.     Enacted  February  14,  1872  (X.  Y.  Code  Crim. 

Proc,  §  494);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
'  p.  264,  §  468. 

§  1220.  Judgment  of  death,  when  suspended.  No  judge, 
court,  or  officer,  other  than  the  governor,  can  suspend  the 
execution  of  a  judgment  of  death,  except  the  warden  of  the 
state  prison  to  whom  he  is  delivered  for  execution,  as  pro- 
vided in  the  six  succeeding  sections,  unless  an  appeal  is 
taken.     [Amendment  approved  1891 ;  Stats.  1891,  p.  273.] 

Legislation  §  1220.  1.  Enacted  February  14.  1872  (N.  Y.  Code 
Crim.  Proc,  §  495);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  264,  §  469. 

2.  Amended  by  Stats.  1891,  p.  273,  substituting  "warden  of  the 
state  prison  to  whom  he  is  delivered  for  execution"  for  "sheriff." 

3.  Amendment  by  Stats.  1901,  p.  491;  unconstitutional.  See  note, 
§  5,  ante. 

§  1221.  Insanity  of  defendant,  how  determined.  If,  after 
his  delivery  to  the  warden  for  execution,  there  is  good 
reason  to  believe  that  a  defendant,  under  judgment  of  death, 
has  become  insane,  the  warden  must  call  such  fact  to  the 
attention  of  the  district  attorney  of  the  county  in  which  the 
prison  is  situated,  whose  duty  it  is  to  immediately  file  in 
the  superior  court  of  such  county  a  petition,  stating  the  con- 
viction and  judgment,  and  the  fact  that  the  defendant  is 
believed  to  be  insane,  and  asking  that  the  question  of  his 
sanity  be  inquired  into.  Thereupon  the  court  must  at  once 
cause  to  be  summoned  and  impaneled,  from  the  regular  jury- 


575  THE   EXECUTION.  §  1223 

list  of  the  county,  a  jury  of  twelve  persons  to  hear  such  in- 
quiry. [Amendment  approved  1905;  Stats.  1905,  p.  698.] 
Legislation  §  1221.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §496);  based  on  Crim.  Prae.'Act,  Stats.  1851,  p.  264, 
§  470,  which  read:  "§  470.  If  after  judgment  of  death  there  be  good 
reason  to  suppose  that  the  defendant  has  become  insane,  the  sheriff 
of  the  county,  with  the  concurrence  of  the  judge  of  the  court  by 
which  the  judgment  was  rendered,  may  summon  a  jury  of  twelve 
persons  to  inquire  into  the  supposed  insanity,  and  shall  give  imme- 
diate notice  thereof  to  the  district  attorney  of  the  countv."  \\'hen 
enacted  in  1872,  §  1221  read:  "1221.  If,  after  judgment  of  death, 
there  is  good  reason  to  suppose  that  the  defendant  has  become  in- 
sane, the  sheriff  of  the  county,  with  the  concurrence  of  the  judge 
of  the  court  by  which  the  judgment  was  rendered,  may  summon 
from  the  list  of  jurors  selected  by  the  supervisors  for  the  year  a 
jury  of  twelve  persons  to  inquire  into  the  supposed  insanitj',  and 
must  give  immediate  notice  thereof  to  the  district  attorney  of  the 
countv." 

2.  Amended  by  Stats.  1891,  p.  273,  to  read:  "1221.  If,  after  judg- 
ment of  death,  there  is  good  reason  to  suppose  that  the  defendant 
has  become  insane,  the  warden  of  the  state  prison  to  whom  he  is 
delivered  for  execution,  with  the  concurrence  of  the  judge  of  the 
superior  court  of  the  county  in  which  such  prison  is  situated,  may 
summon  from  the  list  of  jurors  selected  by  the  supervisors  for  the 
year,  a  jury  of  twelve  persons,  to  inquire  into  the  supposed  insanity, 
and  must  give  immediate  notice  thereof  to  the  district  attorney  of 
such  county." 

3.  Amendment  by  Stats.  1901,  p.  492;  unconstitutional.  See  note, 
§  5,  ante.        / 

4.  Amended  by  Stats.  1805,  p.  698;  the  code  commissioner  saying, 
"The  amendment  is  designed  to  permit  the  warden  to  act  without 
procuring  the  concurrence  of  the  judge  of  the  superior  court,  and 
requires  the  district  attorney  to  act  upon  the  suggestion  of  the 
warden  by  filing  a  petition  and  taking  proceedings  thereunder  to 
ascertain  whether  the  defendant  is  insane." 

§  1222.     Duty  of  district  attorney  upon   hearing.     The 

district  attorney  must  attend  the  hearing,  and  may  produce 
witnesses  before  the  jury,  for  which  purpose  he  may  issue 
process  in  the  same  manner  as  for  witnesses  to  attend  before 
the  grand  jury,  and  disobedience  thereto  may  be  punished 
in  like  manner  as  disobedience  to  process  issued  by  the 
court.  [Amendment  approved  1905;  Stats.  1905,  p.  699.] 
Legislation  §  1222.     1.  Enacted    February    14,    1872    (N.    Y.    Code 

Crim.  Proc,  §  497);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 

1851,  p.  264,  §471. 

2.  Amendment  by  Stats.  1901,  p.  492;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  699,  changing  "attend  the  inquisi- 
tion" to  "attend  the  hearing." 

§  1223.  Order  of  court  committing'  insane  person  to  hos- 
pital. The  verdict  of  the  .jury  must  be  entered  upon  the 
minutes,  and  thereupon  the  court  must  make  and  cause 
to  be  entered  an  order  reciting  the  fact  of  such  inquiry  and 


§  1224  I'KNAL    CODE.  57G 

the  result  tliercof,  and  wlicii  it  is  foiiiul  that  tlic  defendant 
is  insane,  the  order  must  direct  that  lie  be  taken  to  one  of 
the  state  hospitals  for  the  insane,  and  there  kept  in  safe 
confinement  until  his  reason  is  restored.  [Amendment  ap- 
proved 1905;  Stats.  1905,  p.  699.] 

Legislation  §  1223.  1.  Enacted  February  ]4,  1872;  in  substance 
the  same  as  Ciini.  Prac  Act,  Stats.  18.51J  p.  264,  §  472.  When  en- 
acted in  1872,  §122.S  read:  "122.3.  A  certificate  of  the  inquisition 
must  be  signed  by  the  jurors  and  the  sheriff,  and  filed  witli  the  clerk 
of  the  court  in  which   tlie  conviction  was  had." 

2.  Amended  by  Stats.  1891,  p.  27-3,  to  read:  "1223.  A  certificate 
of  inquisition  must  be  signed  by  the  jurors  and  the  warden,  and 
filed  with  the  clerk  of  the  su[)erior  court  of  the  county  in  which 
such  state  prison  is  situated." 

3.  Amendment  by  Stats.  1901,  p.  492;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  ]).  699;  Ihe  code  commissioner  saying, 
"The  amendment  requires  the  verdict  to  be  entered  upon  the  min- 
utes, and  the  court  thereupon  to  enter  an  order  for  the  confinement 
of  the  defendant  in  a  hos])ital  if  he  is  found  to  be  insane." 

§  1224.    Defendant  found  to  be  sane,  duty  of  warden.    If 

it  is  found  that  the  defendant  is  sane,  the  warden  must  pro- 
ceed to  execute  the  judgment  as  specified  in  the  warrant; 
if  it  is  found  that  the  defendant  is  insane,  the  warden  must 
suspend  the  execution,  and  transmit  a  certified  copy  of  the 
order  mentioned  in  the  last  section  to  the  governor,  and 
deliver  the  defendant,  together  with  a  certified  copy  of  such 
order,  to  the  medical  superintendent  of  the  hospital  named 
in  such  order.     When  the  defendant  recovers  his  reason, 
the  superintendent  of  such  ho.^pital  must  certify  that  fact  to 
the  governor,  who  must  thereupon  issue  to  the  warden  his 
warrant,  appointing  a  day  for  the  execution  of  the  judg- 
ment.     [Amendment  approved  1905;  Stats.  1905,  p.  699.] 
Legislation  §  1224.     1.  Enacted   February    14,   1872;    in   substance 
the  same  as  Crini.  Prac.  Act,  Stats.  IS.'JI,  p.  264,  §§  473,  474.     When 
enacted  in  1872,  §  1224  read:   "1224.     If  it  is  found  by  the  inquisi- 
tion that  the  defendant  is  sane,  the  sheriff  must  execute  the  judg- 
ment; but  if  it  is  found  that  he  is  insane,  the  sheriff  must  suspend 
the  execution  of  the  judgment  until  he  receives  a  warrant  from  the 
governor  or  from  the  judge  of  the.  court  by  which  the  judgment  was 
rendered  directing  the  execution  of  the  judgment.     If  the  inquisi- 
tion finds  that  the  defendant  is  insane,  the  sheriff  must  immediately 
transmit  it  to  the  governor,  wlio  may,  when  the  defendant  becomes 
sane,   issue   a   warrant   appointing   a   day   for   the   execution   of   the 
judgment." 

2.  Amended  by  Stats.  1891,  p.  273,  to  read:  "1224.  If  it  is  found 
by  the  inquisition  that  the  defendant  is  sane,  the  warden  must 
execute  the  judgment;  but  if  it  is  found  that  he  is  insane,  the 
warden  must  suspend  the  execution  of  the  judgment  until  he  re- 
ceives a  warrant  from  the  governor,  or  from  the  judge  of  the  su- 
perior court  of  the  county  in  which  such  state  prison  is  situated, 
directing  the   execution   of   the  judgment.     If  the  inquisition   finds 


577  THE   EXECUTION.  §  1226 

that  the  defendant  is  insane,  the  warden  must  immediately  trans- 
mit it  to  the  governor,  who  may,  when  the  defendant  becomes 
sane,  issue  a  warrant  appointing  a  day  for  the  execution  of  the 
judgment." 

3.  Amendment  by  Stats.  1901,  p.  -192;  un-^onstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Slats.  1905,  p.  699;  thi*  -ode  commissioner  saying, 
"The  amendment  provides  for  the  action  to  be  taken  when  the  de- 
fendant recovers  his  reason,  and  consists  in  striking  out  all  of  the 
words  following  'execution,'  and  substituting  new  provisions  in  lieu 
thereof." 

§  1225.  Proceedings  when  female  is  supposed  to  be 
pregnant.  If  there  is  good  reason  to  believe  that  a  female 
against  whom  a  judgment  of  death  is  rendered  is  pregnant, 
such  proceedings  must  be  had  as  are  provided  in  section 
twelve  hundred  and  twenty-one,  except  that  instead  of  a 
jury,  as  therein  provided,  the  court  may  summon  three  dis- 
interested physicians,  of  good  standing  in  their  profession, 
to  inquire  into  the  supposed  pregnancy,  who  shall,  in  the 
presence  of  the  court,  but  with  closed  doors,  if  requested  by 
the  defendant,  examine  the  defendant  and  hear  any  evidence 
that  may  be  produced,  and  make  a  written  finding  and  cer- 
tificate of  their  conclusion,  to  be  approved  by  the  court  and 
spread  upon  the  minutes.  The  provisions  of  section  twelve 
hundred  and  twenty-tAvo  apply  to  the  proceedings  upon  such 
inquiry.      [Amendment  approved  1905;  Stats.  1905,  p.  699.] 

Legislation  §  1225.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  500);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  264,  §  475.  When  enacted  in  1872,  §  1225  read:  "1225.  If 
there  is  good  reason  to  suppose  that  a  female  against  whom  a  judg- 
ment of  death  is  rendered  is  pregnant,  the  sheriff  of  the  county,  with 
the  concurrence  of  the  judge  of  the  court  by  which  the  judgment  was 
rendered,  may  summon  a  jury  of  three  physicians  to  inquire  into 
the  supposed  pregnancy.  Immediate  notice  thereof  must  be  given 
to  the  district  attorney  of  the  county,  and  the  provisions  of  sections 
1222  and  1223  apply  to  the  proceedings  upon  the  inquisition." 

2.  Amended  by  Stats.  1891,  p.  273,  (1)  changing  the  first  sen- 
tence to  read,  "If  there  is  good  reason  to  suppose  that  a  female 
against  whom  a  judgment  of  death  is  rendered  is  pregnant,  the 
warden  of  the  state  prison  to  whom  she  is  delivered  for  execution, 
with  the  concurrence  of  the  superior  court  of  the  county  in  which 
such  state  prison  is  situated,  may  summon  a  jury  of  three  physicians 
to  inquire  into  the  supposed  pregnancy";  (2)  in  second  sentence, 
changing  "the  county"  to  "such  county." 

3.  Amendment  by  Stats.  1901,  p.  493;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  j).  699;  the  code  commissioner  saying, 
"The  amendment  conforms  the  section  to  the  proposed  change  in 
§  1221." 

§  1226.     If  female  is  not  pregnant,  duty  of  warden.     If  it 

is  found  that  the  female  is  not  pregnant,  the  warden  must 

Pen.  Code — 37 


§  1227  PENAL    CODE.  578 

execute  the  jiulsnient;  if  it  is  found  that  she  is  pregnant  the 
warden  must  susi)end  tlic  execution  of  the  jud{?nient,  and 
transmit  a  certified  copy  of  the  finding  and  cei'tificatc  to  the 
governor.  When  the  governor  receives  from  the  warden  a 
certificate  that  the  defendant  is  no  longer  pregnant,  he  must 
issue  to  the  warden  his  warrant  appointing  a  day  for  the 
execution  of  the  judgment.  [Amendment  approved  1905; 
Stats.  1905,  p.  699.] 

Legislation  §  1226.     1.  Enacted    February    14,    1872    (N.    Y.    Code 

dim.  Fine,  §§  ;"ni,  502);  in  substance  the  same  as  Crim.  Prac.  Act, 
Stats.  1851,  p.  2n4,  §§  476,  477!  When  enacted  in  1872,  §  1226  read: 
"12L'6.  If  it  is  found  by  the  inquisition  that  the  female  is  not  preg- 
nant, the  sheriff  must  execute  the  judgment;  if  it  is  found  tliat  she 
is  pregnant,  the  sheriff  must  suspend  the  execution  of  the  judgment, 
and  transmit  tlie  inquisition  to  tlie  governor.  When  the  governor 
is  satisfied  that  the  female  is  no  longer  ]iregnant,  he  may  issue  his 
warrant  appointing  a  day  for  the  execution  of  the  judgment." 

2,  Amended  by  Stats.  1891,  p.  274,  in  first  sentence,  changing 
"sheriff"  to  "warden"  in  both  instances. 

3,  Amendment  by  Stats.  1901,  p.  493;  unconstitutional:  See  note, 
§  5,  ante. 

4,  Amended  by  Stats.  1905,  p.  699;  the  code  commissioner  saying, 
"The  change  consists  in  the  insertion  of  the  words  'certified  copy 
of  the  finding  and  certificate,'  and  in  the  addition  of  the  provision 
relative  to  the  governor's  issuing  his  warrant  upon  receiving  a  cer- 
tificate from  the  warden." 

§  1227.  Judgment  of  death  remaining*  in  force,  not  exe- 
cuted. No  appeal  from  order  of  court.  If  for  any  reason 
a  judgment  of  death  has  not  been  executed,  and  it  remains 
in  force,  the  court  in  which  the  conviction  is  had,  on  the 
application  of  the  district  attorney  of  the  county  in  w^hich 
the  conviction  is  had,  must  order  the  defendant  to  be 
brought  before  it,  or  if  he  is  at  large,  a  warrant  for  his 
apprehension  may  be  issued.  Upon  the  defendant  being 
brought  before  the  court,  it  must  inquire  into  the  facts,  and 
if  no  legal  reason  exists  against  the  execution  of  the  judg- 
ment, must  make  an  order  that  the  warden  of  the  state 
prison  to  whom  the  sheriff  is  directed  to  deliver  the  de- 
fendant execute  the  judgment  at  a  specified  time.  The 
warden  must  execute  the  judgment  accordingly.  From  an 
order  directing  and  fixing  the  time  for  the  execution  of  a 
judgment,  as  herein  provided,  there  is  no  appeal.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  700.] 

Legislation  §  1227.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  503) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  265,  §§478,  479.  When  enacted  in  1872,  §  1227  read: 
"1227.  If  foi-  any  reason  a  judgment  of  deatli  has  not  been  executed 
and  it  remains  in  force,  the  court  in  which  the  conviction  was  had, 
on  the  application  of  the  district  attorney,  must  order  the  defend- 
ant to  be  brought  before  it,  or,  if  he  is  at  large,  a  warrant  for  his 


579  THE   EXECVTION.  §  1229 

appreheusion  may  be  issued.  Upon  the  defendant  being  brought 
before  the  court  it  must  inquire  into  the  facts,  and  if  no  legal 
reasons  exist  against  the  execution  of  the  judgment,  must  make 
an  order  that  the  sheriff  execute  the  judgment  at  a  specified  time. 
The  sheriff  must  execute  the  judgment  accordingly." 

2.  Amended  by  Stats.  1891,  p.  274,  to  read:  "1227.  If  for  any  rea- 
son a  judgment  of  death  has  not  been  executed,  and  it  remains  in 
force,  the  court  in  which  the  conviction  is  had,  on  the  application  of 
the  district  attorney  of  the  county  in  which  the  conviction  is  had, 
must  order  the  defendant  to  be  brought  before  it,  or  if  he  is  at 
large,  a  warrant  for  apprelieusion  may  be  issued.  Upon  the  defend- 
ant being  brought  before  the  court,  it  must  inquire  into  the  facts, 
and  if  no  legal  reasons  exist  against  the  execution  of  the  judgment, 
must  make  an  order  that  the  warden  of  the  state  prison  to  whom 
the  sheriff  is  directed  to  deliver  the  defendant,  shall  execute  the 
judgment  at  a  si^ecified  time.  The  warden  must  execute  the  judg 
meut  accordingly." 

3.  Amendment  by  Stats.  1901,  p.  493;  unconstitutional:  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  700;  the  code  commissioner  saying. 
"The  change  consists  in  the  addition  of  the  last  sentence,  which  pro- 
vides that  no  appeal  can  be  taken  from  the  order  fixing  the  time 
for  the  execution  of  the  judgment." 

§  1228.  Punishment  of  death,  how  inflicted.  The  pun- 
ishment of  death  must  be  inflicted  by  hanging  the  defendant 
by  the  neck  until  he  is  dead. 

Warrant  of  execution:  Ante,  §  1217. 

Execution  of  judgment  of  death:  See  ante,  §  1217;  post,  §  1229. 

Legislation  §  1228.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  500);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.    263,  §480. 

§  1229.  Execution,  where  to  take  place  and  who  to  be 
present.  A  judgment  of  death  must  be  executed  within  the 
walls  of  one  of  the  state  prisons  designated  by  the  court 
by  which  judgment  is  rendered.  The  warden  of  the  state 
prison  where  the  execution  is  to  take  place  must  be  present 
at  the  execution  and  must  invite  the  presence  of  a  physician, 
the  attorney- general  of  the  state,  and  at  least  twelve  repu- 
table citizens,  to  be  selected  by  him;  and  he  shall  at  the 
request  of  the  defendant,  permit  such  ministers  of  the 
gospel,  not  exceeding  two,  as  the  defendant  may  name,  and 
any  persons,  relatives  or  friends,  not  to  exceed  five,  to  be 
present  at  the  execution,  together  with  such  peace-officers 
as  he  may  think  expedient,  to  witness  the  execution.  But 
no  other  persons  than  those  mentioned  in  this  section  can  be 
present  at  the  execution,  nor  can  any  person  under  age  be 
allowed  to  witness  the  same.  [Amendment  approved  1891 ; 
Stats.  1891,  p.  274.] 

Execution  of  judgment  of  death:  See  ante,  §§  1217,  1228. 


§  1230  PENAL   CODE.  580 

Legislation  §  1229.  1.  KiKidr.l  iM-Liuiii y  II,  1872  (X.  V.  Code 
Criiii.  Proc.  S§  .'OG.  ■'(17);  in  siil>stai:cc  the  sjiiik-  ms  Stats.  185.S, 
p.  102,  §  1.  ^Vhon  §  1229  was  eiiactod  in  1872,  the  first  jiart  of  tin- 
sention  road,  "A  judgment  of  death  must  be  executed  within  the 
walls  or  yard  of  a  jail,  or  some  convenient  private  place  in  the 
county.  The  sheriff  of  the  county  must  be  present  at  the  execution, 
and  must  invite  the  presence  of  a  physician,  the  district  attorney 
of  the  county,  and  at  least  twelve  reputable  citizens,  to  be  selected 
by  him,"  thereafter  the  section  ])rocoodin<j;  as  the  amendment  of 
1891   (the  ])reseut  section). 

2.  .\mended  by  Stats.  1891,  p.  274. 

3.  Amendment  b}'  Stats.  1901,  p.  i9'.'>;  unconstitutional.  See  note, 
§  5,  ante. 

§  1230.  Return  upon  death-warrant.  After  the  execution, 
the  warden  must  make  a  return  upon  the  death-warrant  to 
the  court  by  which  the  judgment  was  rendered,  showing  the 
time,  mode,  and  manner  in  which  it  was  executed.  [Amend- 
ment approved  1891 ;  Stats.  1891,  p.  274.] 

Legislation  §  1230.  1.  Enacted  Februarv  14,  1872  (N.  V.  Code 
Crim.  Proc,  §  508);  based  on  Stats.  1858,  p.  193,  §  2,  which  read- 
"Sec.  2.  After  the  execution,  the  sheriff  shall  make  a  return  upon 
the  death-warrant,  setting  fortli  particularly  that  said  warrant  has 
been  executed  according  to  law."  \\'hen  enacted  in  1872,  §  1230 
read:  "1230.  After  the  execution,  the  sheriff  must  make  a  return 
upon  the  death-warrant,  showiu.ir  the  time,  mode,  and  manner  in 
which  it  was  executed." 

2.  Amended  by  Stats.  1891,  p.  274. 


581     APPEALS  WHEN  ALLOWED,  HOW  TAKEN  AND  EFEECT.      §  1235 

TITLE  IX. 
Appeals  to  the  Supreme  Court. 

Chapter  I.     Appeals,  When  Allowed  and  How  Taken,  and  the   Effect 
Thereof.     §§  1235-12-±7e. 
II.     Dismissing  an  Appeal  for  Irregularity.     §§  12-18,  1249. 
III.     Argument  of  the  Appeal.     §§  1252-1255. 
IV.     Judgment  upon  Appeal.     §§  1258-1265. 


CHAPTER  I. 

Appeals,  When  Allowed  and  How  Taken,  and  the  Effect  Thereof. 

§  1235.     Appeals,  by  whom  taken  on  questions  of  law. 

§  1236.     Parties,  how  designated  on  appeal. 

§  1237.     In  what  cases  an  appeal  may  be  taken  by  the  defendant. 

§  12.3'8.     In  what  cases  by  the  people. 

§  1239.     Appeal,  how  taken  by  defendant. 

§  1240.     Appeal  by  the  people. 

§  1241.     Clerk  must  enter  notice  of  appeal. 

§  1242.     Effect  of  an  appeal  by  the  people. 

§  1243.     Effect  of  an  appeal  by  the  defendant. 

§  1244.     Same. 

§  1245.     Same. 

§  1246.  Papers  to  be  transmitted  to  appellate  court.  Copy  to  defend- 
ant and  district  attorney. 

§  1247.     Settlement  of  grounds  of  appeal. 

§  1217a.  Duty  of  clerk  to  deliver  copies  to  parties.  Proposed  correc- 
tions, 

§  1247b.  When  appellant  shall  transcribe. 

§  1247c.  Further  transcription. 

§  1247d.  Time  cannot  be  extended  by  trial  court. 

§  1247e.  Printing  in  criminal  cases. 

§  1235.     Appeals,  by  whom  taken  on  questions  of  law. 

Either  party  in  a  prosecution  by  indictment  or  information 
may  appeal  to  the  supreme  court  on  questions  of  law  alone, 
as  prescribed  in  this  chapter.  [Amendment  approved  1905  ; 
Stats.  1905,  p.  700.] 

Constitutional  provision.  As  to  appellate  jurisdiction,  see  Const. 
1879,  art.  vi,  §  4. 

Legislation  §  1235.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prae.  Act,  §  481,  as  amended  by  Stats.  1863,  p.  161,  §  19,  and  §  482, 
as  amended  by  Stats.  1858,  p.  218,  §  2,  which  read:  "Section  481. 
The  party  aggrieved  in  a  criminal  action,  whether  that  party  be 
the  people  or  the  defendant,  may  appeal  as  follows:  First — To  the 
county  court,  from  a  final  judgment  of  a  justice's,  recorder's,  or 
other  inferior  municipal  court.  Second — To  the  supreme  court, 
from  a  final  judgment  of  the  district  court,  or  county  court,  in  all 
criminal  cases  amounting  to  a  felony,  on  questions  of  law  alone; 
also,  from  an  order  of  the  district  court,  or  county  court,  granting 
or  refusing  a  new  trial,  or  which  affects  a  substantial  right  in  a 
criminal    case    amounting   to    felony,    on    questions    of    law    alone." 


§  12:38  pENAi.  CODE.  582 

"Section  IS2.  'i'lio,  ;iiiiio;il  1o  tlio  supremo  court  can  bo  taken  on 
questions  of  law  alone.  The  appeal  to  the  eonnty  court  can  be 
taken  on  both  questions  of  law  and  fact."  When  enacted  in  1872, 
§  1235  read:  "]2.S5.  Either  party  in  a  criminal  action  aniountinf;  to 
a  felony  may  appeal  to  the  supreme  court,  on  questions  of  law 
alone,  as  prcstribed  in  this  cliaptcr." 

2.  AmiMidineiit  l)y  Stats.  1901,  p.  l!*  I  ;  uncDnstilutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  j).  700;  the  code  commissioner  sayinj^, 
"The  amendment  is  designed  to  make  the  section  conform  to  art.  vi, 
§4,  of  the  constitution,  which  provides  that  the  supreme  court  has 
jurisdiction  'in  all  criminal  cases  prosecuted  by  indictment  or  in- 
formation in  a  court  of  record,  on  questions  of  law  alone,'  it  having 
been  held  (in  People  v.  Jordan,  65  Cal.  644)  that  it  has  jurisdiction 
in  all  such  cases,  and  that  if  its  jurisdiction  by  appeal  is  restricted 
to  cases  of  felony,  it  would  devolve  upon  it  to  establish  some  appro- 
priate system  of  appellate  procedure  by  whicli  it  could  review  all 
other  convictions  based  upon  an  indictment  or  information." 

§  1236.  Parties,  how  designated  on  appeal.  The  party 
appealing  is  known  as  the  appellant,  and  the  adverse  party 
as  the  respondent,  but  the  title  of  the  action  is  not  changed 
in  consequence  of  the  appeal. 

Legislation  §  1236.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  516);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851. 

p.  265,  §  483. 

§  1237.  In  what  cases  an  appeal  may  be  taken  by  the  de- 
fendant.    An  appeal  may  be  taken  by  the  defendant : 

1.  From  a  final  judgment  of  conviction ; 

2.  From  an  order  denying  a  motion  for  a  new  trial ; 

3.  From  any  order  made  after  judgment,  affecting  the 
substantial  rights  of  the  party. 

Defendant  cannot  appeal  from  order  carrying  unexecuted  death 
sentence  into  effect:   See  ante,  §  1227. 

Legislation  §  1237.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  517);  based  on  Crim.  Prac.  Act,  §  481,  q.  v.,  ante.  Legislation 
§  1235. 

§  1238.  In  what  cases  by  the  people.  An  appeal  may  be 
taken  by  the  people : 

1.  From  an  order  setting  aside  the  indictment  or  informa- 
tion; 

2.  From  a  judgment  for  the  defendant  on  a  demurrer  to 
the  indictment,  accusation  or  information; 

3.  From  an  order  granting  a  new  trial ; 

4.  From  an  order  arresting  judgment; 

5.  From  an  order  made  after  judgment,  affecting  the 
substantial  rights  of  the  people.  [Amendment  approved 
1905;  Stats.  1905,  p.  700.  J 

Legislation  §  1238.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.    Proc,  §518);    based    on    Crim.    Prac    Act,  §  481,    q.    v.,    ante, 


5S3     APPEALS  WHEN  ALLOWED,  HOW  TAKEN  AND  EFFECT.     §  1240 

Legislation  §  1235.  When  enacted  in  1872,  §  123S  read:  "123S.  An 
appeal  may  be  taken  by  the  people:  1.  From  a  judgment  for  the 
defendant  on  a  demurrer  to  the  indictment;  2.  From  an  order  grant- 
ing a  new  trial;  3.  From  an  order  arresting  judgment;  4.  From  any 
order  made  after  judgment,  atfecting  the  substantial  rights  of  the 
people." 

2.  Amended  by  Code  Am<lts.  1880,  p.  26,  (1)  in  subd.  1,  adding 
"or  information"  at  end  of  subdivision;  (2)  adding  subd.  5,  which 
read,  "5.  From  an  order  of  the  court  directing  the  jury  to  find  for 
the  defendant." 

3.  Amended  by  Stats.  1897,  p.  195,  to  read:  "1238.  An  appeal  may 
be  taken  by  the  people;  1.  From  an  order  setting  aside  the  indict- 
ment or  information;  2.  From  a  judgment  for  the  defendant  on  a 
demurrer  to  the  indictment  or  information;  3.  From  an  order  grant- 
ing a  new  trial;  4.  From  an  order  arresting  judgment;  5.  From  an 
order  made  after  judgment,  affecting  the  substantial  rights  of  the 
people;  6.  From  an  order  of  the  court  directing  the  jury  to  find  for 
the  defendant." 

4.  Amendment  by  Stats.  1901,  p.  494;  unconstitutional.  See  note, 
§  5,  ante. 

5.  Amended  by  Stats.  1905,  p.  700;  the  code  commissioner  saying, 
"The  change  consists  in  the  omission  of  subd.  6,  because  the  court 
cannot  make  the  order  therein  referred  to,  its  action  being  limited 
to  advising  the  jury  to  acquit;  and  if  this  advice  is  followed,  an 
apjieal  is  necessarily  unavailing,  because  a  defendant  after  his  ac- 
quittal cannot  be  placed  upon  trial.  (See  People  v.  Stoll,  143  Cal. 
689.)" 

§  1239.  Appeal,  how  taken  by  defendant.  An  appeal 
from  a  judgment  may  be  taken  by  the  defendant  by  an- 
nouncing personally  or  through  his  attorney  in  open  court 
at  the  time  the  judgment  is  rendered  that  he  appeals  from 
the  same;  and  from  any  order  made  after  judgment,  by 
announcing  in  open  court  at  the  time  the  same  is  made  that 
he  appeals  from  the  same.  [Amendment  approved  1909 ; 
Stats.  1909,  p.  1086.] 

How  taken  from  decree  removing  from  office:  See  ante,  §  770. 
Legislation  §  1239.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §521);  based  on  Crim.  Prac' Act,  Stats.  1851,  p.  266, 
§  485,  which  read:  "  §  485.  An  appeal  must  be  taken  within  one  year 
after  the  judgment  was  rendered."  W^hen  enacted  in  1872.  §  1239 
read:  "1239.  An  appeal  from  a  judgment  must  be  taken  within  one 
year  after  its  rendition,  and  from  an  order,  within  sixty  days  after 
it  is  made." 

2.  Amendment  by  Stats.  1901,  p.  494;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1907,  p.  559,  to  read:  "1239.  An  appeal  from 
a  judgment  must  be  taken  within  ninety  days  after  its  rendition 
and  from  an  order  within  sixty  davs  after  it  is  made." 

4.  Amended  by  Stats.  1909,  p.  1086. 

§  1240.  Appeal  by  the  people.  An  appeal  may  be  taken 
by  the  people  by  announcing  in  open  court  at  the  time  the 
order  is  made  that  the  people  appeal  from  the  same. 
[Amendment  approved  1909;  Stats.  1909,  p.  1086.] 


s^  1241  i'KNAL    COUE.  584 

Legislation  §  1240.  1.  Knactcd  I'V-lniuiry  II,  1872  (X.  Y.  Codo 
Crini.  I'roc,  §S  'i-2-o2o)  ■  hascd  on  Criin.  I'liic  Act,  Stats.  IS.jI, 
p.  2(K),  §§  4SG,  487,  4S8,  which  read:  "§  48(i.  An  appeal  must  l.o  taken 
by  the  service  of  a  notice  in  writing  on  the  (derU  of  the  court  in 
wliicli  the  action  was  tried,  stating  tliat  appidlant  appeals  from  the 
judgment.  §  487.  If  the  apjieal  be  taken  l)y  the  <lefendant,  a  similar 
notice  must  be  served  on  the  district  attorney  of  the  county  in 
which  the  judj^ment  was  rendered.  §  488.  If  it  be  taken  by  the 
])eople,  a  similar  notice  must  be  served  upon  the  defendant,  if  he  be 
a  resident  of  tlie  county;  or  if  not,  on  the  counsel,  if  any,  who  aj)- 
peared  for  him  on  trial,  if  he  be  living  within  the  county.  If  such 
service,  after  due  diligence,  cannot  be  made,  the  a]ipellate  court, 
upon  proof  thereof,  sliall  make  an  order  for  the  publication  of  due 
notice  in  some  newspaper,  and  for  such  time  as  it  may  deem  proper." 
When  enacted  in  1872,  §  1240  read:  "1240.  An  appeal  is  taken  by 
filing  with  the  clerk  of  the  court  in  which  the  judgment  or  order 
appealed  from  is  entered  or  filed,  a  notice  stating  the  appeal  from 
the  same,  and  serving  a  copy  thereof  upon  the  atlorne}'  of  the  ad- 
verse party." 

2.  Amendment  by  Stats.  1901,  p.  494;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  701,  to  read:  "1240.  An  appeal  is 
taken  by  filing  with  the  clerk  of  the  court  in  which  the  judgment 
or  order  appealed  from  is  entered,  a  notice  stating  the  appeal  from 
the  same,  and  serving  a  copy  thereof  upon  the  attorney  of  the 
adverse  party." 

4.  Amended  by  Stat.s.  1909,  p.  108(i. 

§  1241.  Clerk  must  enter  notice  of  appeal.  Any  an- 
nouncement of  appeal  made  in  open  court  by  either  the 
defendant  or  the  people,  must  be  by  the  clerk  immediately 
entered  in  the  minutes  of  the  court.  But  the  failure  of  the 
clerk  to  so  enter  the  same  in  the  minutes  shall  in  no  way 
affect  or  invalidate  the  appeal.  [Amendment  approved 
1909;  Stats.  1909,  p.  1086.] 

Legislation  §  1241.  1,  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  524) ;  based  on  Crim.  Prac.  Act,  Stats.  1S51,  p.  266, 
§§488,  489  (see  §  488,  quoted  supra,  Legislation  §  1240),  §  489  read- 
ing, "§  489.  At  the  expiration  of  the  time  appointed  for  the  publica- 
tion, on  filing  an  aflSdavit  of  the  publication,  the  appeal  shall  be 
deemed  perfected."  When  enacted  in  1872,  §  1241  read:  "1241.  If 
personal  service  of  the  notice  cannot  be  made,  the  judge  of  the  court 
in  which  the  action  was  tried,  upon  proof  thereof,  may  make  an 
order  for  the  publication  of  the  notice  in  some  newspaper  for  a 
period  not  exceeding  thirty  days;  such  publication  is  equivalent  to 
personal  service." 

2.  Amendment  by  Stats.  1901,  p.  494;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  701,  to  read:  "1241.  If  personal 
service  of  the  notice  cannot  be  made,  the  judge  of  the  court  in 
which  the  action  was  tried,  upon  proof  thereof,  by  aflSdavit  filed 
therein,  may  make  an  order  for  the  publication  of  the  notice  in  some 
newspaper,  for  a  period  not  exceeding  thirty  days.  Such  publica- 
tion is  equivalent  to  personal  service." 

4.  Amended  by  Stats.  1909.  p.  1086. 


585     APPEALS  WHEN  ALLOWED,  IIUW  TAKEN  AND  EFFECT.      §  12-46 

§  1242.  Effect  of  an  appeal  by  the  people.  An  appeal 
taken  by  the  people  in  no  case  stays  or  affects  the  opera- 
tion of  a  judgment  in  favor  of  the  defendant,  until  judg- 
ment is  reversed. 

Legislation  §  12-±2.  Enactoa  February  14,  1872  (N.  Y.  Code  Cyim. 
Proc.  §  526) ;  iu  sulistanee  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  266,  §  490. 

§  1243.  Effect  of  an  appeal  by  the  defendant.  An  appeal 
to  the  supreme  court  from  a  judgment  of  conviction  stays 
the  execution  of  the  judgment  in  all  capital  cases,  and  in  all 
other  cases,  upon  filing  with  the  clerk  of  the  court  iu  which 
the  conviction  was  had,  a  certificate  of  the  judge  of  such 
court,  or  of  a  justice  of  the  supreme  court,  that,  in  his 
opinion,  there  is  probable  cause  for  the  appeal,  but  not  other- 
wise. [Amendment  approved  1874;  Code  Amdts.  1873-74, 
p.  450.] 

Legislation  §  1243.  1.  Euacte.l  February  14,  1872  (X.  Y.  Code 
Crim.  Proe.,  §§  527,  528). 

2.  Amended  by  Code  Amdts.  1873-74,  p.  450,  inserting  "iu  all 
capital  eases  and  in  all  other  cases"  after  "execution  of  the  judg- 
ment." 

§  1244.  Same.  If  the  certificate  provided  for  in  the  pre- 
ceding section  is  filed,  the  sheriff  must,  if  the  defendant  be 
in  his  custody,  upon  being  served  with  a  copy  thereof,  keep 
the  defendant  in  his  custody  without  executing  the  judg- 
ment, and  detain  him  to  abide  the  judgment  on  appeal. 

Legislation  §  1244.     Enacted  February  14,  1872  (]S\  Y.  Code  Crim. 

Proc,  §  530). 

§  1245.  Same.  If  before  the  granting  of  the  certificate, 
the  execution  of  the  judgment  has  commenced,  the  further 
execution  thereof  is  suspended,  and  upon  service  of  a  copy 
of  such  certificate  the  defendant  must  be  restored,  by  the 
officer  in  whose  custody  he  is,  to  his  original  custody. 
[Amendment  approved  1905;  Stats.  1905,  p.  701.] 
Legislation  §  1245.     1.  Enacted  February  14,  1872. 

2.  Amendment  by  Stats.  1901,  p.  494;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  701,  inserting  "the  execution  of" 
before  "the  judgment." 

§  1246.  Papers  to  be  transmitted  to  appellate  court. 
Copy  to  defendant  and  district  attorney.  Upon  the  appeal 
being  taken,  the  clerk  of  the  court  from  which  the  appeal  is 
taken  must,  without  ehar.sxe,  within  twenty  days  thereafter 
transmit  to  the  clerk  of  the  appellate  court  a  typewritten 
copy  of  the  following  papers : 

1.  The  indictment,  information  or  accusation; 


§  1246  PENAL   CODE.  580 

2.  A  copy  of  the  minutes  of  the  plea ; 

3.  A  copy  of  the  minutes  of  the  demurrer ; 

4.  A  copy  of  tlie  demurrer; 

5.  A  copy  of  tlie  minutes  of  the  trial; 

6.  A  copy  of  other  minutes  of  the  action,  including  the 
proceedings  on  motion  for  arrest  of  judgment  or  new  trial; 

7.  A  copy  of  the  Avritten  charges  given  by  the  court  to  the 
jury,  or  refused,  or  modified  and  given ;  also  a  transcript 
of  any  oral  charge; 

8.  A  copy  of  the  judgment; 

9.  Any  Avritten  or  printed  exhibits  offered  in  evidence  at 
the  trial  of  the  cause. 

The  clerk  of  the  court  from  which  the  appeal  is  taken 
must  also,  within  the  time  above  specified,  deliver,  Avithout 
charge,  to  the  defendant  or  his  attorney,  upon  application 
therefor,  a  carbon  copy  of  the  original  transmitted  to  the 
clerk  of  the  appellate  court ;  and  must  also  deliver,  without 
charge,  a  carbon  copy  to  the  district  attorney  upon  his 
application  therefor.  [Amendment  approved  1909 ;  Stats. 
1909,  p.  1087.] 

Legislation  §  1246.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crini.  Proo.,  §  o?>2) ;  based  on  Crim.  Prae.  Act,  §  492.  as  amended  by 
Stats.  1862,  p.  5.36,  §  1,  which  read:  "§492.  Upon  the  appeal  being 
taken,  the  clerk  with  whom  the  notice  of  appeal  is  filed,  must, 
within  ten  days  thereafter,  without  charge,  transmit  to  the  clerk  of 
the  supreme  court  a  copy  of  the  notice  of  appeal,  and  of  the  record, 
and,  upon  the  receipt  of  the  record,  it  shall  be  the  duty  of  the  clerk 
of  the  supreme  court  to  file  said  record,  and  perform  the  same  ser- 
vice as  in  civil  cases,  without  demanding  his  fees  therefor;  said 
fees,  in  case  of  a  reversal  of  the  judoment  and  ultimate  acquittal 
of  the  defendant,  to  be  a  charge  against  the  state,  and,  in  case  of 
an  affirmance  of  the  judgment  appealed  from,  to  be  a  charge  against 
the  defendant,  and  collected  in  the  same  manner  as  judgment  in 
civil  cases;  provided,  however,  that  in  case  of  the  i-nsolvency  of  the 
defendant,  and  his  inability  to  pay  said  costs,  then  and  in  that  event 
they  shall  become  a  charge  against  the  state."  When  enacted  in  1872, 
§  1246  read:  "1246.  Upon  the  appeal  being  taken,  the  clerk  with 
whom  the  notice  of  appeal  is  filed  must,  within  ten  days  thereafter, 
without  charge,  transmit  to  the  clerk  of  the  appellate  court  a  copy 
of  the  notice  of  appeal  and  of  the  record,  and  of  all  bills  of  excep- 
tion, instructions,  and  indorsements  thereon;  and  upon  the  receipt 
thereof  the  clerk  of  the  appellate  court  must  file  the  same  and  per- 
form the  same  service  as  in  civil  cases,  without  charge." 

2.  Amended  by  Code  Amdts.  1880,  p.  9,  to  read:  "1246.  Upon  the 
appeal  being  taken,  the  clerk  with  whom  the  notice  of  appeal  is 
filed  must,  within  ten  days  thereafter,  in  case  the  bill  of  exceptions 
has  been  settled  by  the  judge  before  the  giving  of  said  notice,  but 
if  not,  then  within  ten  days  from  the  settlement  of  the  bill  of  ex- 
ceptions, without  charge,  transmit  to  the  clerk  of  the  appellate 
court  a  copy  of  the  notice  of  ajipeal,  and  of  the  record,  and  of  all 
bills  of  exceptions,  instructions,  and  indorsements  thereon;  and, 
upon  the  receipt  thereof,  the  clerk  of  the  appellate  court  must  file 
tlie  same  and  perform  the  same  services  as  iu  civil  cases,  without 
charge." 


587     APPEALS  WHEN  ALLOWED^  HOW  TAKEN  AND  EFFECT.      §  1247 

3.  Amended  by  Stats.  1889,  p.  325,  to  read:  "1246.  Upon  the  ap* 
peal  being  taken  the  clerk  of  the  court  with  whom  the  notice  of 
appeal  is  filed  must,  within  twenty  days  thereafter,  in  case  the  bill 
of  exceptions  has  been  settled  by  the  .judge  before  the  giving  of 
said  notice,  but  if  not,  then  within  twenty  days  from  the  settlement 
of  the  bill  of  exceptions,  without  charge,  transmit  to  the  clerk  of 
the  appellate  court,  fifteen  printed  copies  (one  of  which  shall  be 
certified  to  and  be  the  original)  of  the  notice  of  appeal,  the  record, 
and  of  all  bills  of  exceptions;  and  upon  receipt  thereof  the  clerk  of 
the  appellate  court  must  file  the  original,  and  dispose  of  the  copies 
as  he  is  required  to  do  in  the  case  of  transcripts  on  appeal  in  civil 
cases,  and  all  his  services  as  provided  herein  must  be  without 
charge.  The  clerk  of  the  lower  court  must  also  within  the  time 
above  specified  serve  printed  copies  of  the  above-named  papers 
without  charge  upon  the  defendant's  attorney  and  upon  the  attor- 
ney-general. The  printing  of  the  above-named  papers  is  a  county 
charge." 

4.  Amended  by  Stats.  1909,  p.  1087. 

§  1247.  Settlement  of  grounds  of  appeal.  Upon  an  ap- 
peal being-  taken  from  any  judgment  or  order  of  tlie  su- 
perior court,  to  the  supreme  coui't  or  to  a  district  court  of 
appeal,  in  any  criminal  action  or  proceeding  where  such 
appeal  is  allowed  by  law,  the  defendant,  or  the  district  at- 
torney when  the  people  appeal,  must,  Avithin  five  days,  file 
with  the  clerk  and  present  an  application  to  the  trial  court, 
stating  in  general  terms  the  grounds  of  the  appeal  and 
the  points  upon  which  the  appellant  relies,  and  designate 
what  portions  of  the  phonographic  reporter's  notes  it  will 
be  necessary  to  have  transcribed  to  fairly  present  the  points 
relied  upon.  If  such  application  is  not  filed  Avithin  said 
time,  the  appeal  is  wholly  ineffectual  and  shall  be  deemed 
dismissed  and  the  judgment  or  order  may  be  enforced  as 
if  no  appeal  had  been  taken. 

The  court  shall,  within  tAvo  days  after  the  filing  of  such 
application  make  an  order  directing  the  phonographic  re- 
porter AA'ho  reported  the  case  to  transcribe  such  portion  of 
his  notes  as  in  the  opinion  of  the  court  may  be  necessary 
to  fairly  and  fully  present  the  points  relied  upon  by  the 
appellant.  If  the  court  fails  to  make  the  order  Avithin  two 
days  after  the  application  is  filed,  the  notes  requested  in 
the  application  shall  be  transcribed  AA'ithout  such  order. 
The  phonographic  reporter  shall,  Avithin  tAventy  days  after 
the  filing  of  such  application,  file  Avith  the  clerk  of  the 
court  an  original  transcription  and  three  carbon  copies  of 
the  portion  of  the  notes  so  required  to  be  transcribed,  ex- 
cluding therefrom  all  argument  of  counsel  not  objected  to 
at  the  time  it  Avas  made.  The  same  shall  be  typewritten 
as  prescribed  by  the  rules  of  the  supreme  court.  He  shall 
append  to  the  original  and  to  each  copy  his  original  affi- 
davit that  it  is  correct.  [Amendment  approved  1911 ;  Stats. 
1911,  p.  692.] 


§  12-i7a  PEMAL  CODE.  588 

•  Legislation  §  12-17.  1.  Added  l)y  Stats.  1909,  p.  1084  uii.l  tlu'ii 
read:  "Upon  any  appeal  beiuji'  taken  from  any  judgment  or  order 
of  the  superior  court  to  the  supreme  court,  or  a  district  court  of  ap- 
peal, in  any  criminal  proceedings,  where  such  appeal  is  allowed  by 
law,  the  defendant  or  the  tlistrict  attorney  when  the  peojile  appeal, 
may  within  two  days  file  with  tlie  cleric  and  present  an  application 
to  the  trial  court,  stating  in  general  terms  the  ground  of  tlie  appeal, 
and  the  points  upon  wiiich  the  ajjpellaut  relies,  and  designate  wiiat 
portion  of  the  phonographic  reporter's  notes  it  will  1)C  necessary  to 
have  transcribed  to  fairly  present  the  points  relied  upon,  and  ask 
fhe  court  to  make  an  ortier  for  the  transcription  thereof.  The  court 
shall,  within  one  day  after  the  filing  of  such  application,  make  an 
order  directing  the  ]ihonographic  reporter  who  reported  the  case,  to 
transcribe  such  portion  of  his  notes  as  in  the  opinion  of  the  court 
may  be  necessary  to  fairly  and  fully  present  the  points  relied  upon 
by  the  appellant.  Where  one  of  the  grounds  stated  in  the  applica- 
tion is  the  insufficiency  of  the  evidence  to  sustain  tlie  conviction,  the 
court  shall  direct  all  the  eviilence  to  be  transcribed,  unle.ss  it  is 
stipulated  that  some  portion  of  the  evidence  sliall  be  omitted.  If 
the  court  fails  to  make  the  order  within  one  day  after  the  applica- 
tion is  presented,  an  order  shall  be  deemed  to  be  given  and  made 
for  the  portion  of  the  notes  requested  in  the  application.  The 
phonographic  reporter  shall,  within  twenty  days  after  the  making 
of  such  ai^plication,  file  with  the  clerk  of  the  court  an  original  tran- 
scription of  the  jiortiou  of  his  notes  ordered  transcribed,  excluding 
therefrom  all  argument  of  counsel  not  objected  to  at  the  time  the 
same  was  made,  typewritten,  and  three  carbon  copies  thereof.  The 
original  and  each  copy  shall  be  duly  certified  by  him  under  oath  to 
be  correct." 

2.  Amended  by  Stats.  1911,  p.  692. 

§  1247a.  Duty  of  clerk  to  deliver  copies  to  parties.  Pro- 
posed corrections.  Upon  the  transcribed  notes  being  filed 
by  the  reporter  with  the  clerk,  it  shall  be  the  duty  of  the 
clerk  forthwith  to  immediately  deliver  upon  demand  one 
of  the  carbon  copies  to  the  defendant  or  his  attorney,  the 
other  carbon  copy  upon  demand  to  the  district  attorney, 
and  deliver  the  original,  with  the  date  of  the  several  de- 
liveries of  the  original  and  the  copies,  if  delivery  has  been 
made,  indorsed  upon  the  original,  to  the  court  for  its  ap- 
proval. Unless  objection  is  made  thereto  by  either  the 
defendant  or  his  attorney  or  the  district  attorney,  within 
ten  days  after  the  receipt  thereof,  the  judge  shall  certify 
thereon  that  no  objection  has  been  made  thereto  within  the 
time  allowed  by  law;  and  after  so  certifying  shall  imme- 
diately redeliver  the  same  to  the  clerk.  The  defendant  or 
his  attorney  or  the  district  attorney  may  file  with  the  clerk 
a  proposed  correction  of  the  transcribed  proceedings  within 
ten  days  after  the  filing  of  the  transcribed  proceedings. 
The  court  must  immediately  hear  and  determine  the  objec- 
tion ;  if  in  the  opinion  of  the  court  the  transcription  of  the 
proceedings  is  not  correct,  the  court  must  correct  the  same. 
When  so  corrected  he  must  certify  thereon  that  all  objec- 
tions made  thereto  liave  been  heard  and  determined,  and 


589     APPEALS  WHEN  ALLOWED^  IIOW  TAKEN  AND  EFFECT.    §  1247cl 

the  same  corrected  in  accordance  with  such  determination ; 
and  thereupon  immediately  redeliver  the  same  to  the  clerk. 
When  the  original  transcription  of  the  proceedings  so  cer- 
tified by  the  judge  has  been  received  by  the  clerk  from  the 
judge,  he  must  immediately  transmit  the  same  to  the  court 
to  which  the  appeal  was  taken,  and  thereupon  it  shall  be- 
come a  part  of  the  record  upon  appeal  and  he  must  imme- 
diately transmit  to  the  attorney-general  a  carbon  copy 
thereof  with  any  and  all  corrections  made  to  the  original 
notes  thereon. 

Legislation  §  1247a.     Added  by  Stats.  1909,  p.  1085. 

§  1247b.  When  appellant  shall  transcribe.  If  a  tran- 
scription of  the  phonographic  reporter's  notes  cannot  be 
obtained,  by  reason  of  his  illness  or  death,  the  appellant 
shall  cause  to  be  prepared  and  filed,  in  the  place  thereof,  a 
transcription  of  such  of  the  proceedings  as  was  by  the  court 
ordered  to  be  transcribed  by  the  phonographic  reporter. 
Such  transcription  must  be  filed  within  the  time  and  in  the 
manner  provided  for  the  filing  of  the  phonographic  re* 
porter's  transcribed  notes.  Upon  such  filing  by  the  appel- 
lant, the  same  proceedings  shall  be  had  and  taken  as  is 
provided  in  section  twelve  hundred  and  forty-seven  a  of  this 
code,  upon  the  filing  the  phonographic  reporter's  tran- 
scribed notes. 

Legislation  §  1217b.     Added  by  Stats.  1909,  p.  1085. 

§  1247c.  Further  transcription.  X^pon  suggestion  to  the 
appellate  court  wherein  an  appeal  in  a  criminal  case  is 
pending,  that  a  further  transcription  of  the  proceedings  is 
necessary,  if  in  the  opinion  of  the  court  it  is  necessary  to 
have  a  further  transcription  of  the  proceedings  in  the  trial 
court,  it  may  order  the  same  to  be  transcribed  by  the  phono- 
graphic reporter  within  a  time  fixed  in  the  order ;  provided 
that  no  further  transcription  shall  be  ordered  upon  the  sug- 
gestion of  the  appellant  unless  the  application. therefor  was 
included  in  the  original  application  made  to  the  trial  court. 
There  shall  thereupon  be  transcribed  the  portion  so  ordered, 
and  copies  filed  with  the  cleric  of  the  superior  court  in  the 
same  manner  and  with  like  force  and  effect  as  though  in- 
cluded in  the  original  order  of  the  court;  and  like  proceed- 
ings shall  be  had  and  taken  as  provided  by  law,  as  in  case 
of  the  original. 

Legislation  §  1217c.     Added  by  Stats.  1909,  p.  1085. 

§  1247d.     Time  cannot  be  extended  by  trial  court.     The 

time  within  which  the  phonographic  reporter  shall  transcribe 
and  file  his  notes  or  the  appellant  shall  file  a  transcription 


§  1252  I'KN'AI-    CODK.  590 

(>r  iIh'  i)i'0(*ee(liii.us  ;is  pioNidcil  in  section  twelve  lnmdred 
anil  fort^-seven  b  ol'  this  code  cannot  be  extended  by  the 
.jiid^o  of  the  court  or  by  the  court  in  which  the  case  was 
tried.  Uj)on  al'fida\it  showin^t;'  i;ood  cause  thcrei'oi',  tlic  court 
in  which  the  appeal  is  pending  jnay  extend  the  time  not  ex- 
ceeding sixty  days. 

Legislation  §  1217d.     Ad(l(Ml  by  Stals.  1909,  p.  lOSfi. 

§  1247e,  Printing  in  criminal  cases.  No  printing  of  any 
record  on  appeal  or  briefs  in  a  criminal  case  shall  be  re- 
quir(;d  or  ordered. 

Legislation  §  12i7e.     Added  by  Stats.  1909,  p.  108G. 

CHAPTER  II. 

Dismissing  an  Appeal  for  Irregularity. 

§  1248.     For  what  irregularity,  and  how  dismissed. 
§  1249.     Dismissed  for  want  of  a  return. 

§  1248.     For  what  irregularity,  and  how  dismissed.     If  the 

appeal  is  irregular  in  any  substantial  particular,  but  not 
otherwise,  the  appellate  court  may.  on  any  da3^  on  motion 
of  the  respondent,  upon  five  days'  notice,  accompanied  with 
copies  of  the  papers  upon  which  the  motion  is  founded,  order 
it  to  be  dismissed.  [Amendment  approved  1880';  Code 
Amdts.  1880.  p.  10.] 

Legislation  §  1248.     1.  Enacted   February    14,    1872    (N.    Y.    Code 

Grim.  Proc,  §  533);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 

1851,  p.  266, §  493. 

2.  Amended  by  Gode  Amdts.  1880,  p.  10,  omitting  "in  term"'  after 

"on  any  day." 

§  1249.  Dismissed  for  want  of  a  return.  The  court  may 
also,  upon  like  motion,  dismiss  the  appeal,  if  the  return  is 
not  made  as  provided  in  section  twelve  hundred  and  forty- 
six,  unless  for  good  cause  they  enlarge  the  time  for  that 
purpose. 

Legislation  §  1249.     Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 

Proc,  §  534);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 

p.  266,  §  494. 

CHAPTER  III. 

Argument  of  the  Appeal. 

§  1252.     Appeals,  when  to  be  heard  and  determined. 

§  1253.     Judgment  may  be   affirmed,  but   cannot  be   reversed  without 

argument. 
§  1254.     Number  of  counsel  to  be  heard. 
§  1255.     Defendant  need  not  be  present. 

§  1252.     Appeals,  when  to  be  heard  and  determined.     All 

appeals  in  criminal  cases  must  be  heard  and  determined  by 


591   ARGUMENT  OF  APPEAL.   JUDGMENT  UPON  APPEAL.   §  1258 

the  appellate  court  within  sixty  days  after  the  record  is  filed 
in  said  appellate  court,  unless  continued  on  motion  or  with 
the  consent  of  the  defendant.  [Amendment  approved  1880 ; 
Code  Amdts.  1880,  p.  10.] 

Legislation  §  1252.  1.  Enacted  February  14,  1872  (in  substance 
the  same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  266,  §  49.3,  and  then 
read:  "1252,  All  appeals  in  criminal  cases  must  be  heard  and  deter- 
mined at  the  first  term  of  the  appellate  court  after  the  record  is 
filed." 

2.  Amended  by  Code  Amdts.  1880,  p.  10. 

§  1253.  Judgment  may  be  affirmed,  but  cannot  be  re- 
versed without  argument.  The  judgment  may  be  affirmed 
if  the  appellant  fail  to  appear,  but  can  be  reversed  only  after 
argument,  though  the  respondent  fail  to  appear. 

Legislation  §  1253,  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  267,  §  496,  which  read:  "§496,  Judgment 
of  affirmance  may  be  granted  without  argument,  if  the  appellant 
fail  to  appear.  But  judgment  of  reversal  can  only  be  given  upon 
argument,  though  the  respondent  fail  to  appear." 

§  1254.  Number  of  counsel  to  be  heard.  Upon  the  argu- 
ment of  the  appeal,  if  the  offense  is  punishable  with  death, 
two  counsel  must  be  heard  on  each  side,  if  they  require  it. 
In  any  other  case  the  court  may,  in  its  discretion,  restrict  the 
argument  to  one  counsel  on  each  side. 

Legislation  §  1254.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  540) ;  in  substance  the  same  as  Crim.  Prac.  Act,  §  497,  as 
amended  by  Stats.  1854,  Kerr  ed.  p.  170,  Redding  ed.  p.  81,  §  5, 

§  1255.  Defendant  need  not  be  present.  The  defendant 
need  not  personally  appear  in  the  appellate  court. 

Legislation  §  1255.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  541);  based  on  Crim.  Prac.  Act,  §  498,  as  amended  bv  Stats. 
1863,  p.  162,  §  20,  which  read:  "§498.  The  defendant  need  "not  ap- 
pear in  the  appellate  court,  except  when  a  new  trial  has  been 
granted  in  the  county  court,  and  his  personal  presence  is  necessary 
for  the  purpose  of  identification." 

CHAPTER  IV. 
Judgment  upon  Appeal. 

§  1258,     Court  to  give  judgment  without  regard  to  technical  errors. 

§  1259.     Appellate  court  may  review  what. 

§  1260.  May  reverse,  affirm,  or  modify  the  judgment,  and  order  new 
trial. 

§  1261.     New  trial,  where  to  be  had. 

§  1262.     Defendant,  when  to  be  discharged   on  reversal   of  judgment. 

§  1263.     Judgment  to  be  executed  on  affirm anee. 

§  1264.     Judgment  upon  appeal,  how  entered  and  remitted. 

§  1265.  Jurisdiction  of  appellate  court  ceases  after  judgment  re- 
mitted. 

§  1258.  Court  to  give  judgment  without  regard  to  techni- 
cal errors.     After  hearing  the  appeal,  the  court  must  give 


}?  12G1  I'KNAL    CODE.  592 

jiul^ineiil  witiioiit  i-o^arcl  to  teeluiical  errors  or  defects,  or 
to  exceptions,  which  do  not  ail'ect  tlie  substantial  rijj;hts  of 
the  parties. 

Errors  not  affecting  substantial  rights:  Soc  ante,'§  9G0;  post, 
§  1404. 

Legislation  §  1258.  Enacted  February  It,  1872  (N.  Y.  Code  Crim. 
Proc,  §542);  in  siilisfaiice  the  same  as  Cririi.  Prae.  Act,  Stats.  1851, 
p.  267,  §  499. 

§  1259.  Appellate  court  may  review  what.  Upon  an  ap- 
peal taken  by  the  defendant  in  open  court,  the  appellate 
court  may,  without  exception  having  been  taken  in  the  trial 
court,  review  any  question  of  law  involved  in  any  ruling, 
order,  instruction,  or  thing  whatsoever  said  or  done  at  the 
trial  or  prior  to  or  after  judgment,  which  thing  was  said  or 
done  after  objection  made  in  and  considered  by  the  lower 
court,  and  which  affected  the  substantial  rights  of  the  de- 
fendant. The  appellate  court  may  also  review  any  instruc- 
tion given,  refused  or  modified,  even  though  no  objection  was 
made  thereto  in  the  lower  court,  if  the  substantial  rights  of 
the  defendant  were  affected  thereby.  [Amendment  ap- 
proved 1909  ;  Stats.  1909,  p.  1088.] 

Errors  not  affecting  substantial  rights,  not  material:  See  ante, 
§  9(30;  post,  §  1404. 

Legislation  §  1259.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  ISol,  p.  265,  §  484,  which  read:  "§  484.  Upon  the 
appeal,  any  decision  of  the  court  in  an  intermediate  order  or  pro- 
ceeding, forming  a  part  of  the  record,  may  be  revised."  When  en- 
acted in  1872,  §  1259  read:  "1259.  Upon  an  appeal  taken  by  the  de- 
fendant from  a  judgment,  the  court  may  review  any  intermediate 
order  or  ruling  involving  the  merits,  or  which  may  have  affected  the 
judgment." 

2.  Amended  by  Stats.  1909,  p.  1088. 

§  1260.  May  reverse,  affirm,  or  modify  the  judgment,  and 
order  new  trial.  The  court  may  reverse,  affirm,  or  modify 
the  judgment  or  order  appealed  from,  and  may  set  aside, 
affirm,  or  modify  any  or  all  of  the  proceedings  subsequent  to, 
or  dependent  upon,  such  judgment  or  order,  and  may,  if 
proper,  order  a  new  trial. 

Legislation  §  1260.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §543);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  267,  §  500, 
which  read:  "§  500.  The  appellate  court  may  reverse,  afSrm,  or 
modify  the  judgment  appealed  from,  and  may,  if  necessary  or  proper, 
order  a  new  trial." 

§  1261.  New  trial,  where  to  be  had.  When  a  new  trial  is 
ordered  it  must  be  directed  to  be  had  in  the  court  of  the 
county  from  which  the  appeal  was  taken. 

Legislation  §  1261.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §544);    in    exact   language   of    Crim.   Prac.    Act,   Stats.    1851, 

p.  267,  §501. 


593  JUDGMENT  UPON  APPEAL.  §  1265 

§  1262.  Defendant,  when  to  be  discharged  on  reversal  of 
judgment,  li'  a  judgment  against  the  defendant  is  reversed 
without  ordering  a  new  trial,  the  appellate  court  must,  if  he 
is  in  custody,  direct  him  to  be  discharged  therefrom;  or  if 
on  bail,  that  his  bail  be  exonerated;  or  if  money  was  depos- 
ited instead  of  bail,  that  it  be  refunded  to  the  defendant. 

Legislation  §  1262.     Enacted  February  U,  1872  (N.  Y.  Code  Grim. 

Proc,  §  545) ;  iu  substance  the  same  as  Grim.  Prae.  Act,  Stats.  1851, 

p.  267,  §  502. 

§  1263.     Judgment  to   be   executed   on  affirmance.     If  a 

judgment  against    the   defendant    is  affirmed,  the   original 

judgment  must  be  enforced. 

Legislation  §  1263.  Enacted  February  14,  1872  (X.  Y.  Gode  Grim. 
Proc,  §  546) ;  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  267,  §  503, 
which  read:  "§503.  On  a  judgment  of  affirmance  against  the  de- 
fendant, the  original  judgment  shall  be  carried  into  execution,  as 
the  appellate  court  may  direct.'' 

§  1264.  Judgment  upon  appeal,  how  entered  and  re- 
mitted. When  the  judgment  of  the  appellate  court  is  given, 
it  must  be  entered  in  the  minutes,  and  a  certified  copy  of 
the  entry,  with  a  copy  of  the  opinion  of  the  court  attached 
thereto,  forthwith  remitted  to  the  clerk  of  the  court  from 
which  the  appeal  was  taken.  [Amendment  approved  1905; 
Stats.  1905,  p.  701.] 

Legislation  §  1264.  1.  Enacted  February  14,  1872  (N.  Y.  Gode 
Grim.  Proc,  §  547) ;  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
1851,  p.  267,  §  504.  AVhen  enacted  in  1872,  §  1264  read:  "1264.  When 
the  judgment  of  the  appellate  court  is  given,  it  must  be  entered  in 
the  minutes,  and  a  certified  copy  of  the  entry  forthwith  remitted  to 
the  clerk  of  the  court  from  which  the  appeal  was  taken." 

2.  Amendment  by  Stats.  1901,  p.  493;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  701;  the  code  commissioner  saying, 
"The  design  of  the  amendment  is  to  require  a  copy  of  the  opinion  of 
the  supreme  court  to  be  certified  to  and  sent  to  the  clerk  of  the 
court  below  with  the  remittitur." 

§  1265.  Jurisdiction  of  appellate  court  ceases  after  judg- 
ment remitted.  After  the  certificate  of  the  judgment  has 
been  remitted  to  the  court  below,  the  appellate  court  has  no 
further  jurisdiction  of  the  appeal  or  of  the  proceedings 
thereon,  and  all  orders  necessary  to  carry  the  judgment  into 
effect  must  be  made  hy  the  court  to  which  the  certificate  is 
remitted. 

Legislation  §  1265.  Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 
Proc,  §  549)  ;  based  on  Grim.  Prac.  Act,  Stats.  1851,  p.  267,  §  506, 
which  read:  "§  506.  After  the  certificate  of  judgment  has  been  re- 
mitted, as  provided  iu  section  five  hundred  and  fourth,  the  appellate 
court  shall  have  no  further  jurisdiction  of  the  appeal,  or  of  the 
proceedings  the."eon,  and  all  orders  which  may  be  necessary  to  carry 
the  judgment  into  effect  shall  be  made  bj-  the  court  to  which  the 
certificate  is  remitted." 
Pen.  Code — 38 


§  1268  PENAL   COOE.  594 

TrrLR  X. 

Miscellaneous  Proceedings. 

Chapter  I.     Bail.     Articles  I-VIII.     §§  12G8-1317. 

ir.     Who    iiiav    be    Witnesses    in    Criminal    Actions.     §§  1321- 
1321.  " 

III.  Compelling    the    Attendance    of    Witnesses.     §§  1326-1333. 
IV.     Examination  of  Witnesses  Conditionally.     §§  1335-1346. 

V.     Examination   of  Witnesses  on  Commission.     §§  1349-1362. 
VI.     Inquiry  into  the  Insanity  of  the  Defendant  Before  Trial 
or  After  Conviction.     §§  1367-1373. 
VII.     Compromising   Certain   Public   Offenses   by   Leave    of   the 
Court.     §§  1377-1379. 
VIII.     Dismissal  of  the  Action,  Before  or  After  Indictment,  for 
Want  of  Prosecution  or  Otherwise.     §§  1382-1389. 
IX.     Proceedings  Against  Corporations.     §§  1390-1397. 

X.     Entitling  Affidavits.     §  1401. 
XI.     Errors  and  Mistakes  in  Pleadings  and  Other  Proceedings. 

§  1404. 
XII.     Disposal  of  Property  Stolen  or  Embezzled.     §§1407-1413. 
Xlli.     Eeprieves,  Commutations,  and  Pardons.     §§  1417-1423. 

CHAPTER  I. 

Bail. 

Article  I.     In   What   Cases   the  Defendant   may  be  Admitted   to   Bail. 
§§  1268-1274. 
II.     Bail    upon    Being    Held    to    Answer    Before    Indictment. 
§§ 1277-1281. 
III.     Bail  upon  an  Indictment  Before  Conviction.     §§  1284-1289. 

IV.  Bail  on  Appeal.     §§  1291,  1292. 

V.     Deposit  Instead  of  Bail.     §§1295-1297. 
VI.     Surrender  of  the  Defendant.     §§  1300-1302. 
VII.     Forfeiture  of  the  Undertaking  of  Bail  or  of  the  Deposit  of 
Money.     §§  1305-1307. 
VIII.     Eecommitment  of  the  Defendant,  After  Having  Given  Bail 
or  Deposited  Money  Instead  of  Bail.     §§  1310-131 «. 

ARTICLE  I. 
In  What  Cases  the  Defendant  may  be  Admitted  to  Bail. 

§  1268.     Admission  to  bail  defined. 

§  1269.     Taking  of  bail  defined. 

§  1270.     Offense  not  bailable. 

§  1271.  In  what  cases  defendant  may  be  admitted  to  bail  before  con- 
viction. 

§  1272.     Admission  to  bail  upon  appeal. 

§  1273.     Nature  of  bail. 

§  1274.  When  bail  is  matter  of  discretion,  notice  of  application  must 
be  given  to  district  attorney. 

§  1268.     Admission  to  bail  defined.     Admission  to  bail  is 
the  order  of  a  competent  court  or  magistrate  that  the  de- 
fendant be  discharged  from  actual  custody  upon  bail. 
Bail,  where  taken:  See  ante,  §  822;  post,  §  1284. 


595  WHEN  DEFENDANT  MAY  BE  ADMITTED  TO  BAIL.        §  1272 

Legislation  §  1268.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  .l.jO) ;  in  siilistance  the  same  as  Crim.  Prae.  Act,  Stats.  1851, 
p.  267,  §  507. 

§1269.  Taking  of  bail  defined.  The  taking  of  bail  con- 
sists in  the  acceptance,  by  a  competent  court  or  magistrate, 
of  the  undertaking  of  sufficient  bail  for  the  appearance  of 
the  defendant,  according  to  the  terms  of  the  undertaking, 
or  that  the  bail  will  pay  to  the  people  of  this  state  a  specified 
sum. 

Excessive  bail.  Excessive  bail  shall  not  be  required:  Const., 
art.  i,  §  6;  U.  S.  Const.,  Amdt.  8. 

Legislation  §  1269.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  551);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  268, §  508. 

§  1270.  Offense  not  bailable.  A  defendant  charged  with 
an  offense  punishable  with  death  cannot  be  admitted  to  bail, 
when  the  proof  of  his  guilt  is  evident  or  the  presumption 
thereof  great.  The  finding  of  an  indictment  does  not  add  to 
the  strength  of  the  proof  or  the  presumptions  to  be  drawn 
therefrom. 

Constitutional  provision.  All  persons  shall  be  bailable  by  suffi- 
cient sureties,  unless  for  capital  offenses  when  the  proof  is  evident 
or  the  presumption  great:   Const.,  art.  i,  §  6. 

Legislation  §  1270.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  552);  based  on  Crim.  Prac.  Act,  §  510,  as  amended  by  Stats. 
1865-66,  p.  418,  §  1,  which  read:  "§  510.  No  person  shall  be  admitted 
to  bail  when  he  is  charged  with  an  offense  punishable  with  death 
where  the  proof  is  evident  or  the  presumption  great;  but  the  finding 
of  an  indictment  by  a  grand  jury  shall  in  no  case  be  taken  to  create 
such  a  presumption  as  to  preclude  the  court  in  its  discretion  admit- 
ting a  defendant  to  bail." 

§  1271.  In  what  cases  defendant  may  be  admitted  to  bail 
before  conviction.  If  the  charge  is  for  any  other  offense,  he 
may  be  admitted  to  bail  before  conviction,  as  a  matter  of 
right. 

Legislation  §  1271.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  553) ;  based  on  Crim.  Prae.  Act,  §  509,  as  amended  by  Stats. 
1863,  p.  151,  §  1,  which  read:  "§  509.  A  person  charged  with  an 
offense  may  be  admitted  to  bail,  before  conviction,  as  a  matter  of 
right,  in  all  cases  except  as  specified  in  section  five  hundred  and 
ten." 

§1272.  Admission  to  bail  upon  appeal.  Wlien  admitted 
to  bail  after  conviction  a)id  upon  appcat.  After  conviction  of 
an  offense  not  punishal)le  with  death,  a  defendant  who  has 
appealed  may  be  admitted  to  bail : 

1.  As  a  matter  of  right,  when  the  appeal  is  from  a  judg- 
ment imposing  a  fine  only. 


!5  127.'{  PENAL   CODK.  596 

'2.  As  a  matter  of  riulit,  when  the  appeal  is  IVoiu  a  jiid;^- 
iiietit  iiiii)()sii)^'  iiii{)risoiiiii(;iit  in  ease's  ol'  misdeiueaiior. 

'A.  As  a  iiuitter  of  disei-etioii  in  all  other  eases.  |  Aiiieiid- 
ineiit   approved  l!)()il;  Stats.  li)(J9,  p.  r)!Jl.J 

Bail  after  conviction:  See  post,  §  1273. 

Giving  notice  to  district  attorney  when  bail  discretionary:    See 

post,  §  1274. 

Bail  on  appeal:  See  post,  §§  1273,  1291,  1292. 

Legislation  §  1272.  1.  Eiiafted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §555);  based  on  Crim.  Vrae.  Act,  Stats.  1851,  p.  268, 
§  512.  When  §  1272  was  enacted  in  1872,  it  did  not  contain  the 
present  subd.  2,  the  present  snbd.  3  boiii<j  then  numbered  2. 

2,  Amended  by  Stats.  1909,  p.  5rM. 

§1273.  Nature  of  bail.  If  the  offense  is  bailable,  the  de- 
fendant may  be  admitted  to  bail  before  conviction: 

First.  For  his  appearance  before  the  magistrate,  on  the 
examination  of  the  charge,  before  being  held  to  answer. 

Second.  To  appear  at  the  court  to  Avhich  the  magistrate 
is  required  to  return  the  depositions  and  statement,  upon 
the  defendant  being  held  to  answer    after  examination. 

Third.  After  indictment,  either  before  the  bench-warrant 
is  issued  for  his  arrest,  or  upon  any  order  of  the  court  com- 
mitting him,  or  enlarging  the  amount  of  bail,  or  upon  his 
being  surrendered  by  his  bail  to  answer  the  indictment  in 
the  court  in  which  it  is  found,  or  to  Avhich  it  may  be  trans- 
ferred for  trial. 

And  after  conviction,  and  upon  an  appeal : 

First.  If  the  appeal  is  from  a  judgment  imposing  a  fine 
only,  on  the  undertaking  of  bail  that  he  will  pay  the  same,  or 
such  part  of  it  as  the  appellate  court  may  direct,  if  the  judg- 
ment is  affirmed  or  modified,  or  the  appeal  is  dismissed. 

Second.  If  judgment  of  imprisonment  has  been  given, 
that  he  will  surrender  himself  in  execution  of  the  judgment, 
upon  its  being  affirmed  or  modified,  or  upon  the  appeal  being 
dismissed,  or  that  in  case  the  judgment  be  reversed,  and  that 
the  cause  be  remanded  for  a  new  trial,  that  he  will  appear 
in  the  court  to  which  said  cause  may  be  remanded,  and  sub- 
mit himself  to  the  orders  and  process  thereof.  [Amendment 
approved  1876;  Code  Amdts.  1875-76,  p.  116.] 

Bail  after  conviction:  See  ante,  §  1272. 

Bail,  when  discretionary:  See  ante,  §  1272. 

Bail  upon  appeal:  See  ante,  §1272;  post,  §§  1291,  1292. 

Legislation  §  1273.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  55(i) ;  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  2(38, 
§§  513,  514,  which  read:  "§  513.  Before  conviction  a  defendant  may 
be  admitted  to  bail:  First,  for  his  appearance  before  the  magistrate, 
on  the  examination  of  the  change  before  being  held  to  answer. 
Sbcond,  to  appear  at  the  court  to  which  the  magistrate  is  required. 


597      BAIL  WHEN  HELD  TO  ANSWER  BEFORE  INDICTMENT.       §  1278 

by  section  one  hundred  and  seventy-six,  to  return  the  depositions 
and  statement  upon  the  defendant  being  held  to  answer  after  exam- 
ination. Third,  after  indictment,  either  before  the  bench-warrant 
issued  for  his  arrest,  or  upon  any  order  of  the  court  committing  or 
enlarging  the  amount  of  bail,  or  upon  his  being  surrendered  by  his 
bail  to  answer  the  indictment  in  the  court  in  which  it  is  found,  or 
to  which  it  may  be  sent  or  removed  for  trial.  §  514.  After  convic- 
tion and  upon  an  appeal  the  defendant  may  be  admitted  to  bail  as 
follows:  First,  if  the  appeal  be  from  a  judgment  imposing  a  fine 
only  on  the  recognizance  of  bail  that  he  will  pay  the  same  or  such 
i:)art  of  it  as  the  appellate  court  may  direct,  if  the  judgment  be 
affirmed  or  modified  or  the  appeal  be  dismissed.  Second,  if  judg- 
ment of  imprisonment  have  been  given  that  he  will  surrender  him- 
self in  execution  of  the  judgment,  upon  its  being  confirmed  or  modi- 
fied, or  upon  the  appeal  being  dismissed." 

2.  Amended  by  Code  Amdts.  1875-76,  p.  116,  in  the  second  subd. 
2,  adding  the  final  clause  of  the  subdivision,  beginning  "or  that  in 
case  the  judgment  be  reversed." 

§  1274.     When  bail  is  matter  of  discretion,  notice  of  appli- 
cation must  be  given  to  district  attorney.     When  the  admis- 
sion  to  bail  is  a  matter  of  discretion,  the  court  or  officer  to 
whom  the  application  is  made  must  require  reasonable  no- 
tice thereof  to  be  given  to  the  district  attorney  of  the  county. 
Legislation  §  1274.     Enacted   February    14,   1872;    based   on   Crim. 
Prac.  Act,  Stats.   1S51,  p.  26S,  §  511,  which  read:   "§511.  When  the 
admission   to  bail  is  a  matter  of  discretion,  the  court  or  officer  by 
whom  it  may  be  ordered,  shall  require  such  notice  of  the  application 
therefor  as  he  may  deem  reasonable  to  be  given  to  the  district  at- 
torney of  the  county  where  the  examination  is  had." 

AETICLE  11. 

Bail  upon  Being  Held  to  Answer  Before  Indictment. 

§  1277.  What  magistrates  may  admit  to  bail. 

§  1278.  Bail,  how  put  in  and  form  of  the  undertaking. 

§  1279.  Qualifications  of  bail. 

§  12S0.  Bail,  how  to  justify. 

§  1281.  On  allowance  of  bail,  defendant  to  be  discharged. 

§1277.  What  magistrates  may  admit  to  bail.  When  the 
defendant  has  been  held  to  answer  upon  an  examination  for 
a  public  offense,  the  admission  to  bail  may  be  by  the  masis- 
trate  by  whom  he  is  so  held,  or  by  any  magistrate  who  has 
power  to  issue  the  writ  of  habeas  corpus. 

What  magistrates  have  power  to  admit  to  bail:   See  post,  §  1291. 
Legislation  §  1277.     Enacted  Feltruary  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §§  557,  558);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  268.  §  515. 

§  1278.  Bail,  how  put  in  and  form  of  the  undertaking. 
Bail  is  put  in  by  a  written  undertaking,  executed  by  two 
sufficient  sureties  (with  or  without  the  defendant,  in  the  dis- 
cretion of  the  magistrate),  and  acknowledged  before  the 
court  or  magistrate,  in  substantially  the  following  form: 


§  1280  PENAL   CODE.  598 

An  order  iiaviji<i  been  iiuuUi  on  the day  of ,  A.  D. 

eisfhteen   [nineteen]   ,  by  A.  B.,  a  justice  of  the  peace 

of connty  (or  as  the  case  may  be),  that  C.  I),  be  held 

to  answer  upon  a  cliarge  of  (statins  briefly  the  nature  of 
the  offense),  upon  which  he  lias  been  admitted  to  bail  in  the 

sum  of dolhirs;  we,  E.  F.  and  0.  IT.  (statin^'  tlieir  place 

of  residence  and  occupation),  hereby  undertake  that  the 
above-named  C.  D.  will  appear  and  answer  the  charge  above 
mentioned,  in  whatever  court  it  may  be  prosecuted,  and  will 
at  all  times  hold  himself  amenable  to  the  orders  and  process 
of  the  court,  and  if  convicted,  will  appear  for  jnduiiient  and 
render  himself  in  execution  thereof,  or  if  he  fails  to.  per- 
form either  of  these  conditions,  that  we  will  pay  to  the 

people  of  the  state  of  California  the  sum  of  dollars 

(inserting  the  sum  in  M'hich  the  defendant  is  admitted  to 
bail). 

Form  of  undertaking:  See  post,  §  1287. 

Form  of  undertaking  on  admission  to  bail  after  recommitment: 
See  post,  §  1316. 

Legislation  §  1278.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proe.,  §  o68) ;  in  substance  the  same  as  Grim.  Prae.  Act,  Stats.  1851, 
p.  269,  §  516,  which  (1)  did  not  have  the  words  "or  residence" 
after  "place  of  residence,"  but  (2)  had  "he  will  pay  to  the  people" 
instead  of  "we  will  pay,"  etc. 

§  1279.  Qualifications  of  bail.  The  qualifications  of  bail 
are  as  follows : 

1.  Each  of  them  must  be  a  resident,  householder,  or  free- 
holder within  the  state ;  but  the  court  or  magistrate  may 
refuse  to  accept  any  person  as  bail  who  is  not  a  resident 
of  the  county  where  bail  is  offered ; 

2.  They  must  each  be  worth  the  amount  specified  in  the 
undertaking,  exclusive  of  property  exempt  from  execution ; 
but  the  court  or  magistrate,  on  taking  bail,  may  allow  more 
than  two  sureties  to  justify  severally  in  amounts  less  than 
that  expressed  in  the  undertaking,  if  the  whole  justification 
be  equivalent  to  that  of  sufficient  bail. 

Qualifications  of  bail:  See  post,  §  1280. 

Legislation  §  1279.  Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 
Proc,  §569);  in  substance  the  same  as  Grim.  Prac.  Act,  §  517,  as 
amended  by  Stats.  1855,  p.  269,  §  2. 

§  1280.  Bail,  how  to  justify.  The  bail  must  in  all  cases 
justify  by  affidavit  taken  before  the  magistrate,  that  they 
each  possess  the  qualifications  provided  in  the  preceding 
section.  The  magistrate  may  further  examine  the  bail  upon 
oath  concerning  their  sufficiency,  in  such  manner  as  he  may 
deem  proper. 

Justification  of  bail:  See  aute,  §  1279. 


599  BAIL   UPON   INDICTMENT  BEFORE  CONVICTION.  §  1286 

Legislation  §  1280.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proe.,  §570);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  269,  §§  518, 
519,  -which  read:  "§518.  The  bail  shall  in  all  eases  justify  by  affi- 
davit taken  before  the  court  or  magistrate,  as  the  ease  may  be.  The 
affidavit  must  state  that  they  each  possess  the  qualifications  pro- 
vided in  section  517.  §  519.  The  court  or  magistrate  may  thereupon 
further  examine  the  bail  upon  oath  concerning  their  sufficiency  in 
such  manner  as  the  court  or  magistrate  may  deem  proper." 

§  1281.     On  allowance  of  bail,  defendant  to  be  discharged. 

Upon  the  allowance  of  bail  and  the  exeention  of  the  under- 
taking, the  magistrate  must,  if  the  defendant  is  in  custody, 
make  and  sign  an  order  for  his  discharge,  upon  the  deliv- 
ery of  which  to  the  proper  oi^cer  the  defendant  must  be 
discharged. 

Discharge  of  defendant  on  allowance  of  bail  and  filing  of  under- 
taking:  See  ante,  §  823;  post,  §  1288. 

Legislation  §  1281.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §576). 

AETICLE  III. 

Bail  upon  an  Indictment  Before  Conviction. 

§  1284.  When  offense  is  not  capital. 

§  1285.  When  offense  is  capital. 

§  1286.  Bail  on  habeas  corpus. 

§  1287.  Form  of  undertaking. 

§  1288.  Sections  applicable  to  bail. 

§  1289.  Increase  or  reduction  of  bail. 

§  1284.  When  oifense  is  not  capital.  When  the  offense 
charged  is  not  punishable  with  death,  the  officer  serving  the 
bench-warrant  must,  if  required,  take  the  defendant  before 
a  magistrate  in  the  county  in  which  it  is  issued,  or  in  which 
he  is  arrested,  lor  the  purpose  of  giving  bail.  [Amendment 
approved  1880;  Code  Amdts.  1880,  p.  26.] 

Legislation  §  1284.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  578);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  269,  §  520. 

2.  Amended  by  Code  Amdts.  1880,  p.  26,  omitting  "in  the  indict- 
ment," after  "When  the  offense  charged." 

§  1285.  When  offense  is  capital.  If  the  offense  charged 
is  punishable  with  death,  the  officer  arresting  the  defendant 
must  deliver  him  into  custody,  according  to  the  command 
of  the  bench-warrant.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  26.] 

Legislation  §  1285.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  579);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  269,  §  521. 

2.  Amended  by  Code  Amdts.  1880,  p.  26,  omitting  "in  the  indict- 
ment," after  "If  the  offense  charged." 

§  1286.  Bail  on  habeas  corpus.  When  the  defendant  is 
so  delivered  into  custody  he  must  lie  held  by  the  sheriff'. 


§  1288  PENAL    CUDK.  GOO 

unless  iuliuitR'cl  to  bail  on  exaniiualiun  upon  a  writ  of  habeas 
corpus. 

Offense  not  bailable:  See  aute,  §  1270. 
Bail  on  habeas  corpus:  Sec  post,  §§  1489,  1491. 

Legislation  §  1286.  Enacted  February  14,  1872  (N.  Y.  Code  Crini. 
Proc,  §  580) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  2(i!),  §  .122. 

§1287.  Form  of  undertaking.  The  bail  must  be  put  in 
by  a  written  nndertakinji',  executed  by  two  snfHcient  snreties 
(witli  or  without  the  defendant,  in  the  discretion  of  the 
court  or  niai^istrate),  and  acknowledged  before  the  court  or 
magistrate,  in  substantially  the  following  form: 

An  indictment  having  been  found  on  the day  of . 

A.   D.   eighteen    [nineteen]    ,  in  the   county    [superior] 

court  of  the  county  of  ■,  charging  A.  B.  with  the  crime 

of (designating  it  generally),  and  he  having  been  ad- 
mitted to  bail  in  the  sum  of dollars,  Ave,  C.  D.  and  E.  F., 

of  (stating  their  place  of  residence  and  occupation). 

hereby  undertake  that  the  above-named  A.  B.  will  appear 
and  answer  the  indictment  above  mentioned,  in  whatever 
court  it  may  be  prosecuted,  and  will  at  all  times  render 
himself  amenable  to  the  orders  and  process  of  the  court, 
and,  if  convicted,  will  appear  for  judgment  and  render  him- 
self in  execution  thereof;  or,  if  he  fails  to  perform  either 
of  these  conditions,  that  we  will  pay  to  the  people  of  the 

state  of  California  the  sum  of  dollars    (inserting  the 

sum  in  which  the  defendant  is  admitted  to  bail). 

Action  on  forfeiture:  Post,  §  1306. 

Fonn  of  undertaking:  See  ante,  §  1278. 

Form  of  undertaking  on  admission  to  bail  after  recommitment: 

See  post,  §  1316. 

Legislation  §  1287.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §581);  in  substance  the  same  as  Crim.  Prac.  Act.  §  .523,  as 
amended  by  Stats.  1863,  p.  162,  §  21,  which  did  not  have  the  words 
"and  occupation"  after  "place  of  residence." 

§  1288.  Sections  applicable  to  bail.  The  provisions  con- 
tained in  sections  twelve  hundred  and  seventy-nine,  twelve 
hundred  and  eight}^,  and  twelve  hundred  and  eightj^-one,  in 
relation  to  bail  before  indictment,  apply  to  bail  after 
indictment.  [Amendment  approved  1874;  Code  Amdts. 
1873-74,  p.  450.] 

Discharge  on  allowance  of  bail:   See  ante,  §§  823,  1281. 
Increase  of  bail:  See  ante,  §§  985,  986. 

Legislation  §  1288.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  582);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851.  p.  270,  §  524.  When  enacted  in  1872,  §  1288  read:  "1288.  The 
provisions  contained  in  sections  1279,  1280,  and  1281,  in  relation  to 
bail,  apply  to  the  qualifications  of  the  bail,  'and  to  all  the  proceed- 


GOl  BAIL   ON   APPEAL.  §  1292 

ings  respecting  the   [>uttinu-  in   anil  justifying  of  bail   aiul   incident 
thereto." 

2.  Amended  by  Code  Amdts.  1873-7-i,  p.  450. 

§  1289.  Increase  or  reduction  of  bail.  After  a  defendant 
has  been  admitted  to  l)ail  upon  an  indictment  or  information, 
the  court  in  which  the  charge  is  pending  may,  upon  good 
cause  shown,  either  increase  or  reduce  the  amount  of  bail. 
If  the  amount  be  increased,  the  court  may  order  the  defend- 
ant to  be  committed  to  actual  custody,  unless  he  give  bail 
in  such  increased  amount.  If  application  be  made  by  the 
defendant  for  a  reduction  of  the  amount,  notice  of  the  appli- 
cation must  be  served  upon  the  district  attorney.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  27.] 

Legislation  §  1289.  1.  Added  by  Code  Amdts.  1873-74,  p.  450,  the 
first  sentence  then  reading,  "After  a  defendant  has  been  admitted 
to  bail  upon  an  indictment,  the  court  in  which  the  indictment  is 
pending  may,  upon  good  cause  shown,  either  increase  or  reduce  the 
amount  of  bail,"  the  remainder  of  the  section  reading  as  at  present. 

2.  Amended  by  Code  Amdts.  1880,  p.  27. 

ARTICLE  IV. 

Bail   on  Appeal. 

§  1291.     Who  may  admit  to  bail. 

§  1292.     Qualifications  of  bail  and  how  put  in,  and  condition  of  under- 
taking. 

§  1291.  Who  may  admit  to  hail.  In  the  cases  in  which 
defendant  may  be  admitted  to  bail  upon  an  appeal,  the  order 
admitting  him  to  bail  may  be  made  by  any  magistrate  hav- 
ing the  power  to  issue  a  writ  of  habeas  corpus,  or  by  the 
magistrate  before  whom  the  trial  was  had.  [Amendment 
approved  1878 ;  Code  Amdts.  1877-78,  p.  122.] 

What  magistrates  have  power  to  admit  to  bail:  See  ante,  §  1277. 
Legislation  §  1291.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.  Proc,  §  583);  in  substance  the  same  as  Crim.  Prae.  Act,  Stats. 
1851,  p.  270,  §^25. 

2.  Amended  by  Code  Amdts.  1877-78,  p.  122,  adding  "or  by  the 
magistrate  before  whom  the  trial  was  had,"  at  end  of  section. 

§  1292.  Qualifications  of  bail  and  how  put  in,  and  condi- 
tion of  undertaking.  The  bail  must  possess  the  qualifica- 
tions, and  must  be  put  in,  in  all  respects,  as  provided  in 
article  two  of  this  chapter,  except  that  the  undertaking  must 
be  conditioned  as  prescribed  in  section  twelve  hundred  and 
seventy-three,  for  undertakings  of  bail  on  appeal. 

Legislation  §  1292.  Enacted  February  14,  1872  (K  Y.  Code  Crim. 
Proc,  §585^;  based  on  Crim.  Prae.  Act,  Stats.  1851,  p.  270,  §  527, 
which  read:  "§  527.  The  bail  must  possess  the  qualifications  and 
must  bo  put  in  all  respects  as  above  provided,  except  that  the  con- 


§  1800  PENAL    CODE.  602 

(lilioii  ul'  t!u>  lofuunizaiico  kIkiII  lie  tu  the  ofTect  that  tlio  (iL'feiidaiit 
will  ill  all  respects  abide  tiie  orders  and  judgmeut  of  the  appellato 
court   ii])oii  the  appeal." 

ARTICLE  V. 

Deposit  Instead  of  Bail. 

§  1295.     Deposit,  when  and  how  made. 

§  1296.     May,  after  bail  is  given  and  before  forfeiture. 

§  1297.     Deposit  to  be  applied  to  payment  of  judgment  and  fine. 

§  1295.  Deposit,  when  and  how  made.  The  doferulant, 
at  any  time  after  an  order  adniittin«;-  him  to  bail,  instead 
of  giving  bail  may  deposit  with  the  clerk  of  the  court  in 
which  he  is  held  to  answer,  the  snm  mentioned  in  the  order, 
and  upon  deliverinu'  to  the  officer  in  whose  custody  he  is  a 
certificate  of  the  deposit,  he  must  be  discharged  from  cus- 
tody. 

Return  of  deposit  on  surrender  before  forfeiture:  Post,  §  1302. 
Legislation  §  1295.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proe.,  §  58C);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  270,  §  528. 

§  1296.  May,  after  bail  is  given  and  before  forfeiture.  If 
the  defendant  has  given  bail,  he  may,  at  any  time  before 
the  forfeiture  of  the  undertaking,  in  like  manner  deposit 
the  sum  mentioned  in  the  recognizance,  and  upon  the  deposit 
being  made  the  bail  is  exonerated. 

Legislation  §  1296.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  587);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  270,  §  529. 

§  1297.  Deposit  to  be  applied  to  payment  of  judgment 
and  fine.  When  money  has  been  deposited,  if  it  remains 
on  deposit  at  the  time  of  a  judgment  for  the  payment  of  a 
fine,  the  county  clerk  must,  under  the  direction  of  the  court, 
apply  the  money  in  satisfaction  thereof,  and  after  satisfy- 
ing the  fine  and  costs,  must  refujid  the  surplus,  if  any,  to 
the  defendant. 

Legislation  §  1297.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  589);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851. 

p.  271,  §  530. 

ARTICLE  VI. 
Surrender  of  the  Defendant. 

§  1300.     Surrender,  by  whom;  when,  and  how  made. 

§  1301.  By  whom,  etc.,  the  defendant  may  be  arrested  for  the  pur- 
pose of  a  surrender. 

§  1302.  On  a  surrender,  before  forfeiture,  money  deposited  to  be  re- 
funded, etc. 

§1300.  Surrender,  by  whom;  when,  and  how  made.  At 
any  time  before  the  forfeiture  of  their  undertaking  the  bail 


603  SURRENDER  OF  THE  DEPENDANT.  §  1302 

may  surrender  tlie  defeiulant  in  their  exoneration,  or  he 
may  surrender  himself,  to  the  officer  to  whose  custody  he  was 
conmiitted  at  tli(>  time  of  tiivin*,''  bail,  in  the  fol]oAvin<f  man- 
ner : 

1.  A  certified  eo]\v  of  the  undertaking;  of  the  bail  must  be 
delivered  to  the  officer,  who  must  detain  the  defendant  in 
his  custody  thereon  as  upon  a  commitment,  and  by  a  cer- 
tificate in  writing  acknowledge  the  surrender; 

2.  Upon  the  undertaking  and  the  certificate  of  the  officer, 
the  court  in  which  the  action  or  appeal  is  pending  may, 
upon  notice  of  five  days  to  the  district  attorney  of  the 
county,  with  a  copy  of  the  undertaking  and  certificate, 
order  that  the  bail  be  exonerated,  and  on  filing  the  order 
and  the  papers  used  on  the  application,  they  are  exonerated 
accordingly. 

Legislation  §  1300.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  590) ;  iu  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  271,  §§  531,  532,  subd.  2  of  the  latter  section,  however,  not  having 
the  words   "or   appeal"   after   "action." 

§  1301.  By  v^hom,  etc.,  the  defendant  may  be  arrested 
for  the  purpose  of  a  surrender.  For  the  purpose  of  sur- 
rendering the  defendant,  the  bail,  at  any  time  before  they 
are  finally  discharged,  and  at  any  place  within  the  state,  may 
themselves  arrest  him,  or  by  a  written  authority,  indorsed 
on  a  certified  copy  of  the  undertaking,  may  empower  any 
person  of  suitable  age  and  discretion  to  do  so. 

Legislation  §  1301.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §591);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  271,  §  533. 

§  1302.  On  a  surrender,  before  forfeiture,  money  depos- 
ited to  be  refunded,  etc.  If  money  has  been  deposited  in- 
stead of  bail,  and  the  defendant,  at  any  time  before  the  for- 
feiture thereof,  surrenders  himself  to  the  officer  to  whom  the 
commitment  was  directed,  in  the  manner  provided  in  the 
last  two  sections,  the  court  must  order  a  return  of  the 
deposit  to  the  defendant,  upon  producing  the  certificate  of 
the  officer  showing  the  surrender,  and  upon  a  notice  of  five 
days  to  the  district  attorney,  with  a  copy  of  the  certificate. 
Deposit  instead  of  bail:  Ante,  §§  1295  at  seq. 
Legislation  §  1302.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §592);  in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 

]).  271,  §  53-4. 


§  130G  PENAL    CODE.  GO-i 

Airi'Lcjj':  \ii. 

Forfeiture  of  the  Undertaking  of  Bail  or  of  the  Deposit  of  Money. 

§  1305.     How  forfeited,  and  how  forfi'iturc  discharged. 

§  130().     rorfoiture  to  bo  enforced  by  action. 

§  1307.     Deposit   of   money,  wlien   forfeited,   how   disi)osed    of. 

§  1305.  How  forfeited,  and  how  forfeiture  discharged. 
If,  Avithout  sufficient  excuse,  the  defendant  neglects  to  ap- 
pear for  arraij?nmcnt  or  for  trial  or  judgment,  or  upon  any 
other  occasion  Avhen  his  presence  in  court  may  be  lawfully 
required,  or  to  surrender  himself  in  execution  of  the  judg- 
ment, the  court  must  direct  the  fact  to  be  entered  upon  its 
minutes,  and  the  undertaking  of  bail,  or  the  money  de- 
posited instead  of  bail,  as  the  case  may  be,  must  thereupon 
be  declared  forfeited.  But  if  at  any  time  within  tAventy 
days  after  such  entry  in  the  minutes,  the  defendant  or  his 
bail  appear  and  satisfactorily  excuse  his  neglect,  the  court 
may  direct  the  forfeiture  of  the  undertaking  or  the  deposit 
to  be  discharged  upon  such  terms  as  may  be  just.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  701.] 

Forfeiture  of  bail  where  defendant  does  not  appear  at  judgment. 

See  ante,  §  1195. 

Legislation  §  1205.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc,  §§  593,  594) ;  in  substance  the  same  as  Crim.  Prac.  Act, 
Stats.  1851,  p.  271,  §§  535,  536. 

2.  Amendment  by  Stats.  IGOl,  p.  495;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  701,  (1)  changing,  at  end  of  first 
sentence,  "is  thereupon  declared  forfeited"  to  "must  thereupon  be 
declared  forfeited";  (2)  changing  the  first  words  of  the  second 
sentence  from  "But  if  at  any  time  before  the  final  adjournment  of 
the  court"  to  "But  if  at  any  time  vvithin  twenty  days  after  such 
entry  in  the  minutes." 

§  1306.  Forfeiture  to  be  enforced  by  action.  If  the  for- 
feiture is  not  discharged,  as  provided  in  the  last  section, 
the  district  attorney  nxRy  at  any  time  after  twenty  days 
from  the  entry  upon  the  minutes,  as  provided  in  the  last 
section,  j^roceed  by  action  against  the  bail  upon  their  under- 
taking.     [Amendment  approved  1905;  Stats.  1905,  p.  702.] 

District  attorney  authorized  to  bring  action:  Pol.  Code,  §  4153, 
subd.  3. 

Legislation  §  1306.  1  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  595) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  272,  §537.  When  enacted  in  1872,  §  1306  read:  "1306.  If 
the  forfeiture  is  not  discharged,  as  provided  in  the  last  section,  the 
district  attorney  may  at  any  time  after  the  adjournment  of  the 
court  proceed  by  action  only  against  the  bail  upon  their  undertalc- 
ing." 

2.  Amendment  by  Ststs.  1901,  p.  495;  uueoustitutionai.  See  note, 
§  5,  ante 


G05       RECOMMITMENT  OF  DEFENDANT  AFTER  GIVING  BAIL.       §  1310 

3,  Amended  by  Stats.  1905,  p.  702;  the  code  commissioner  saying, 
"The  amendment  is  designed  to  conform  the  section  to  the  amend- 
ment to  §  1305." 

§  1307.     Deposit  of  money,  when  forfeited,  how  disposed 

of.  If,  by  reason  of  the  neglect  of  the  defendant  to  appear, 
money  deposited  instead  of  bail  is  forfeited,  and  the  for- 
feiture is  not  discharged  or  remitted,  the  clerk  Avith  whom 
it  is  deposited  must,  at  the  end  of  thirty  days,  unless  the 
court  has  before  that  time  discharged  the  forfeiture,  pay 
over  the  money  deposited  to  the  county  treasurer.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  702.] 

Legislation  §  1307.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Grim.  Proc.  §  .396);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  i>.  272,  §  538,  the  only  change  being  (1)  to  omit  "as  provided 
in  section  five  hundred  and  thirty-fifth";  (2)  "as  provided  in  section 
five  hundred  and  thirtv-sixth";  and  (3)  to  substitute  "must"  for 
"shall." 

2.  Amendment  by  Stats.  1901,  p.  195;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  702,  substituting  "at  the  end  of 
thirty  days,  unless  the  court  has  before  that  time  discharged  the 
forfeiture,"  for  "immediately  after  the  final  adjournment  of  the 
court,"  before  "pay  over  the  monej'  deposited." 

ARTICLE  VIII. 

Recommitment  of  the  Defendant,  After  having  Given  Bail  or  Deposited  Money 

Instead   of  Bail. 

§  1310.  Recommitment  of  defendant,  in  what  cases. 

§  1311.  Contents  of  order. 

§  1S12.  Defendant  may  be  arrested  in  any  county. 

§  1313.  If   for   failure   to   appear   for  judgment,    defendant    must   be 

committed. 

§  1311.  If  for  other  cause,  he  may  be  admitted  to  bail. 

§  1315.  Bail  in  such  case,  by  whom  taken. 

§  1316.  Form  of  the  undertaking. 

§  1317.  Bail   must  possess  what   qualifications,   and  how  put   in. 

§  1310.  Recommitment  of  defendant,  in  what  cases.  The 
court  to  which  the  committing  magistrate  returns  the  depo- 
sitions, or  in  which  an  indictment,  information,  or  appeal  is 
pending,  or  to  which  a  judgment  on  appeal  is  remitted  to  be 
carried  into  effect,  may,  by  an  order  entered  upon  its  min- 
utes, direct  the  arrest  of  the  defendant  and  his  commitment 
to  the  officer  to  whose  custody  he  was  committed  at  the  time 
of  giving  bail,  and  his  detention  until  legally  discharged, 
in  the  following  cases : 

1.  When,  by  reason  of  his  failure  to  appear,  he  has  in- 
curred a  forfeiture  of  his  bail,  or  of  money  deposited  instead 
thereof. 


§  1313  PENAL    CODE.  G06 

2.  When  it  sMtisfjii-toi-ily  npix'iii's  lo  the  coiirt  thai  liis 
bail.  Of  either  of  them,  are  dead  or  iiisiiniciciit,  or  liave  re- 
moved from  the  state. 

3.  Upon  an  indictment  beinu,'  found  or  inL'ormalion  filed 
in  the  eases  provided  in  seetion  nine  hnndred  and  eifrlity- 
five.  [Amendment  approved  18S0;  Code  Amdts.  1880, 
p.  27.] 

Legislation  §  1310.  1.  KiKidcd  February  14,  1872  (X.  Y.  Code 
Criiii.  I'roe.,  §  ;)99);  in  substance  tlie  same  as  Criiu.  Prac.  Act,  Stats. 
18nl,  p.  272,  §539. 

2.  .Amended  by  Code  Amdts.  1880,  p.  27,  (I)  Tn  the  introductory 
paragraph,  addiu-Sf  "information"  after  "an  indictment,"  and  (2)  in 
subd.  ;^,  adding  "or  information  filed"  after  "found." 

§1311.  Contents  of  order.  Tbc  order  for  the  reeonnnit- 
ment  of  the  defendant  must  recite  generally  the  facts  upon 
which  it  is  founded,  and  direct  that  the  defendant  be 
arrested  by  any  sheriiT,  constable,  marshal,  or  policeman  in 
this  state,  and  committed  to  the  officer  in  whose  custody 
he  was  at  the  time  he  was  admitted  to  bail,  to  be  detained 
until  leiially  discharged. 

Legislation  §  1311.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  600) ;  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  272,  §  540, 
wliieh  read:  "§  540.  Tlie  order  for  the  recommitment  of  tlie  defend- 
ant shall  recite  generally  the  facts  upon  which  it  is  founded,  and 
shall  direct  that  the  defendant  be  arrested  by  any  sheriff,  con- 
stable, marshal,  or  policeman,  within  this  state,  and  committed  to 
the  custody  of  the  sheriff  of  the  county  where  the  depositions  and 
statement  were  returned,  or  the  indictment  was  found,  or  the  con- 
viction was  had,  as  the  case  may  be,  to  be  detained  until  legally 
discharged." 

§  1312.     Defendant  may  be  arrested  in  any  county.     The 

defendant  may  be  arrested  pursuant  to  the  order,  upon  a 
certified  copy  thereof,  in  any  county,  in  the  same  manner 
as  upon  a  warrant  of  arrest,  except  that  when  arrested  in 
another  county  the  order  need  not  be  indorsed  by  a  magis- 
trate of  that  county. 

Legislation  §  1312.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc.  §601);    in    exact   language    of    Crim.   Prac.   Act,   Stats.    1851, 

p.  272,  §541. 

§  1313.  If  for  failure  to  appear  for  judgment,  defendant 
must  be  committed.  If  the  order  recites,  as  the  ground  upon 
which  it  is  made,  the  failure  of  the  defendant  to  appear  for 
judgment  upon  conviction,  the  defendant  must  be  committed 
according  to  the  requirement  of  the  order. 

Legislation  §  1313.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc.  §  602);  in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 

p.  272,  §  542. 


607       RECOMMITMENT  OF  DEFENDANT  AFTER  GIVING  BAIL.       §  1317 

§  1314.     If  for  other  cause,  he  may  be  admitted  to  bail. 

If  the  oi'der  be  made  for  any  other  cause,  and  the  offense 
is  bailaijle,  the  court  may  fix  the  amount  of  bail,  and  may 
cause  a  direction  to  be  inserted  in  the  order  that  the  de- 
fendant be  admitted  to  bail  in  the  sum  fixed,  which  must 
be  specified  in  the  order. 

Legislation  §  1314.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  (i03);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  272,  §  543. 

§  1315.  Bail  in  such  case,  by  whom  taken.  When  the  de- 
fendant is  admitted  to  bail,  the  bail  may  be  taken  by  any 
mao-istrate  in  the  county,  having'  authority  in  a  similar  case 
to  admit  to  bail,  upon  the  holding  of  the  defendant  to  answer 
before  an  indictment,  or  by  any  other  magistrate  designated 
b}^  the  court. 

Legislation  §  1315.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc  §  604) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  273,  §  544. 

§  1316.  Form  of  the  undertaking.  When  bail  is  taken 
upon  the  reconnnitment  of  the  defendant,  the  undertaking 
must  be  in  substantially  the  following  form : 

An  order  having  been  made  on  the day  of .  A.  D. 

eighteen ,  by  the  court  (naminu'  it),  that  A.  B.  be  ad- 
mitted to  bail  in  the  sum  of dollars,  in  an  action  pend- 
ing in  that  court  against  him  in  behalf  of  the  people  of  the 
state  of  California,  upon  an  (information,  presentment, 
indictment,  or  appeal,  as  the  case  may  be),  we,  C.  D.  and 
E.  F..  of  (stating  their  places  of  residence  and  occupation), 
hereby  undertake  that  the  above-named  A.  B.  will  appear  in 
that  or  any  other  court  in  which  his  appearance  may  be 
lawfully  required  upon  that  (information,  presentment,  in- 
dictment, or  appeal,  as  the  case  may  be),  and  will  at  all 
times  render  himself  amenable  to  its  orders  and  process,  and 
appear  for  judgment  and  surrender  himself  in  execution 
thereof ;  or  if  he  fails  to  perform  either  of  these  conditions, 
that  we  will  pay  to  the  people  of  the  state  of  California  the 

sum  of dollars  (insert  the  sum  in  which  the  defendant 

is  admitted  to  bail). 

Forms  of  undertaking  of  bail:  See  ante,  §§  1278,  1287. 
Legislation  §  1316.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  605);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  273,  §  545,  but  which  did  not  have  the  words  "and  occupation" 

after  "residence." 

§  1317.     Bail  must  possess  what  qualifications,  and  how 

put  in.     The  bail  must  possess  the  qualifications,  and  must 


§  1322  I'KNAL    CODE.  608 

be  put  ill,  in  all  respects,  in  tlie  iiianiiei'  pi-esei'ihed  in  article 
two  of  this  ehaptoi'. 

Qualifications  of  bail:   See  ante,  §  1279. 

Legislation  §  1317.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  IH)U) ;  in  siil)stanco  the  same  as  Crim.  Prae.  Act,  Stats.  1851, 
p.  273,  §  .54  fi. 

CPIAPTER  II. 

Who  may  be  Witnesses  in  Criminal  Actions. 

§  1321.     Who  are  competent  witnesses. 
§  1322.     llusl);ind  and  wife  as  coini)etent  witness. 
§  1323.     When  the  defendant  is  not  a  competent  witness. 
§  1324.     Witness    not    to    be    prosecuted    upon    testimony    of    himself. 
Person  not  exempt  if  testimony  is  voluntary. 

1321.  Who  are  competent  witnesses.  Tlie  rules  for  de- 
termining the  competency  of  witnesses  in  civil  actions  are 
applicable  also  to  crimijial  actions  and  proceedings,  except 
as  otherwise  provided  in  this  code. 

Competency  of  witness:  See  Code  Civ.  Proc,  §§  1879  et  seq. 

Examination  of  witnesses:  Code  Civ.  Proc,  §  2044. 

Impeachment  of  witness:   Code  Civ.  Proc,  §  2051. 

Attendance  of  witnesses:  See  post,  §§  1326  et  seq. 

Defendant  as  witness:  See  ante,  §  688;  post,  §  1323. 

Examination  of  witnesses  conditionally:  See  post,  §  133,5. 

Examination  of  witnesses  on  commission:   See  post,  §§  1349-1382, 

Interpreter,  when  sworn:  Code  Civ.  Proc,  §  1884. 

Judge  or  juror  as  witness:  Code  Civ.  Proc,  §  1883. 

Rules  of  examjnation  of  witnesses:  Code  Civ.  Proc,  §§  2042-2054. 

Witness,  defined:  Code  Civ.  Proc,  §  1878. 

Witness,  duties  and  rights  of:   Code  Civ.  Proc,  §§  2042-2054. 

Legislation  §  1321.     Enacted  February  14,  1872. 

§  1322.  Husband  and  wife  as  competent  witness.  Neither 
husband  nor  wife  is  a  competent  witness  for  or  against  the 
other  in  a  criminal  action  or  proceeding  to  wdiieh  one  or 
both  are  parties,  except  with  the  consent  of  both,  or  in  case 
of  criminal  actions  or  proceedings  for  a  crime  committed 
by  one  against  the  person  or  property  of  the  other,  or  in 
eases  of  criminal  violence  upon  one  by  the  other,  or  in  cases 
of  criminal  actions  or  proceedings  for  bigamy,  or  adultery. 
or  in  cases  of  criminal  actions  or  proceedings  brought  under 
the  provisions  of  sections  370  and  270a  of  this  code. 
[Amendment  approved  1911;  Stats.  1911,  p.  270.] 

Husband  or  wife  as  witness:  See  Code  Civ.  Proc,  §  1881,  subd.  1. 
Legislation  §  1322.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1865-66,  p.  46,  §  1,  wdiich  read:  "Section  1.  In  all  criminal  actions 
where  the  husband  is  the  party  accused,  the  wife  shall  be  a  com- 
petent witness,  and  when  the  wife  is  the  party  accused,  the  husband 
shall  be  a  competent  witness;  but  neither  husband  nor  wife  shall 
be  compelled  or  allowed  to  testify  in  such  cases  unless  by  consent 


609  WHO    MAY   Bli    WITNESSES.  §  1323 

of  both  of  them;  provided,  that  in  all  eases  of  personal  violence 
upon  either  by  the  other,  the  injured  party  (husband  or  wife)  shall 
be  allowed  to  testify  against  the  other."  When  enacted  in  1S72, 
§  1322  read:  "1322.  Except  with  the  consent  of  both,  or  in  cases 
of  criminal  violence  upon  one  by  the  other,  neither  husband  nor 
wife  are  competent  witnesses  for  or  against  each  other  in  a  crim- 
inal action  or  proceeding  to   which  one  or  both  are  parties." 

2.  Amended  by  Code  Anidts.  1873-74,  p.  451,  changing  "neither 
husband  nor  wife  are  competent  witnesses  for  or  against  each 
other"  to  "neither  husband  nor  wife  is  a  competent  witness  for  or 
against  the  other." 

3.  Amended  by  Stats.  1905,  p.  140,  to  read:  "Neither  husband  nor 
wife  is  a  competent  witness  for  or  against  the  other  in  a  criminal 
action  or  proceeding  to  which  one  or  both  are  parties,  except  with 
the  consent  of  both,  or  in  cases  of  criminal  violence  upon  one  by 
the  other,  or  in  cases  of  criminal  actions  or  proceedings  brought 
under  the  provisions  of  section  two  hundred  and  seventy  of  this 
code,  or  in  cases  of  criminal  actions  or  proceedings  for  bigamy. 

4.  Amended  by  Stats.  1907,  p.  290.  The  change  consisted  in  add- 
ing the  words  "and  two  hundred  and  seventy  a"  after  "two  hun- 
dred and  seventy"  and  the  words  "or  adultery"  at  the  end  of  the 
section. 

5.  Amended  by  Stats.  1911,  p.  270. 

§  1323.  When  the  defendant  is  not  a  competent  witness. 
A  defendant  in  a  criminal  action  or  proceeding  cannot  ])e 
compelled  to  be  a  witness  against  himself;  bnt  if  he  offers 
himself  as  a  witness,  he  may  be  cross-examined  by  the  coun- 
sel for  the  people  as  to  all  matters  about  which  he  was  exam- 
ined in  chief.  His  neglect  or  refusal  to  be  a  witness  cannot 
in  any  manner  prejudice  him  nor  be  used  against  him  on  the 
trial  or  proceeding.  [Amendment  approved  1874;  Code 
Amdts.  1873-74.  p.  451.] 

Defendant  cannot  be  compelled,  to  Ue  witness  against  himself:  See 

ante,  §  688. 

Legislation  §  1323.  1.  Enacted  February  14,  1872;  based  on 
(1)  Stats.  1865-66,  p.  865,  §§  1,  2,  which  read:  "Section  1.  In  the 
trial  of  all  indictments,  complaints,  and  other  proceedings  against 
persons  charged  with  the  commission  of  crimes  or  offenses,  the  per- 
son so  charged  shall,  at  his  own  request,  but  not  otherwise,  be 
deemed  a  competent  witness;  the  credit  to  be  given  to  his  testi- 
mony being  left  solely  to  the  jury,  under  the  instructions  of  the 
court.  Sec.  2.  Nothing  herein  contained  shall  be  construed  as 
compelling  any  such  person  to  testify."  Also  based  on  (2)  Crimes 
and  Punishment  Act,  as  amended  and  supplemented  by  Stats. 
1867-68,  p.  49,  §  1,  which  read:  "Section  1.  In  a  criminal  action  a 
felon  shall  be  a  competent  witness  for  or  against  a  felon  for  an 
offense  committed  when  both  are  under  judgment  of  imprisonment 
in  the  state  prison."  W^hen  enacted  in  1872,  §  1323  read:  "1323.  A 
defendant  in  a  criminal  action  or  proceeding  to  which  he  is  a  party, 
is  not,  without  his  consent,  a  competent  witness  for  or  against  him- 
self. His  neglect  or  refusal  to  give  such  consent  shall  not  in  any 
manner  ]nejudice  him  nor  be  used  against  him  on  the  trial  or  pro- 
ceeding." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  451. 
Fen.  Code— 39 


§  1324  PENAL    CODE.  GIO 

§  1324.  Witness  not  to  be  prosecuted  upon  testimony  of 
himself.     Person  not  exempt  if  testimony  is  voluntary.     A 

person  luTearter  oirciuliiiii'  a.uainst  any  of  the  provisions  of 
this  code,  or  a.2:ainst  any  law  of  this  state,  is  a  oonipetent 
witness  against  any  other  person  so  oflFendin<r,  and  may  be 
compelled  to  attend  and  testify  and  produce  any  books, 
papei-s,  contracts,  a<;reements  or  docnnients  upon  any  trial, 
hearing',  jjroceeding'  or  lawful  investigation  or  judicial  pro- 
ceeding, in  the  same  manner  as  any  other  person.  If  such  per- 
son demands  that  he  be  excused  from  testifying  or  fi-om  pro- 
ducing such  books,  papers,  contracts,  agreements  or  documents 
on  the  ground  that  his  testimony  or  that  the  production  of 
such  books,  papers,  contracts,  agreements  or  documents  may 
incriminate  liimself,  he  shall  not  be  excused,  but  in  that  case 
the  testimony  so  given  and  the  books,  papers,  contracts, 
agreements  and  documents  so  produced  shall  not  be  used  in 
any  criminal  prosecution  or  proceeding  against  the  person 
so  testifying,  except  for  perjury  in  giving  such  testimony, 
and  he  shall  not  be  liable  thereafter  to  prosecution  by  in- 
dictment, information,  or  presentment,  or  to  prosecution  nor 
punishment  for  the  offense  with  reference  to  which  his  testi- 
mony Avas  given,  or  for  or  on  account  of  any  transaction, 
matter  or  thing  concerning  which  he  may  have  testified  or 
produced  evidence,  documentary  or  otherwise. 

No  such  person  shall  be  exempt  from  indictment,  present- 
ment by  information,  prosecution  or  punishment  for  the 
oflfense  with  reference  to  which  he  may  have  testified  as 
aforesaid,  or  for  or  on  account  of  any  transaction,  matter 
or  thing  concerning  which  he  may  have  testified  as  afore- 
said, or  produced  evidence,  documentary  or  otherwise,  where 
such  person  so  testifying  or  so  producing  evidence,  docu- 
mentary or  othei'Avise,  does  so  voluntarily,  or  when  such 
person  so  testifying  or  so  producing  evidence  fails  to  ask 
to  be  excused  from  testifying  or  so  producing  evidence,  on 
the  ground  that  his  testimony  or  such  evidence,  docu- 
mentary or  otherwise,  may  incriminate  himself,  but  in  all 
such  eases,  the  testimony  or  evidence,  documentary  or  other- 
wise, so  given  may  be  used  in  any  criminal  prosecution  or 
proceeding  against  the  person  so  testifying  or  producing 
such  evidence,  documentary  or  otherwise. 

Any  person  shall  be  deemed  to  have  asked  to  be  excused 
from  testifying  or  producing  evidence,  documentary  or 
otherwise,  under  this  section,  unless  before  any  testimony 
is  given  or  evidence,  documentary  or  otherwise,  is  produced 
by  such  a  witness,  the  judge,  foreman  or  other  person  pre- 
siding  at   such  trial,  hearing,  proceeding    or  investigation. 


611  COMPELLING  ATTENDANCE  OF   WITNESSES.  §  1326 

shall  distinctly  read  this  section  of  this  code  to  such  witness, 
and  the  form  of  the  objection  by  the  witness  shall  be  imma- 
terial, if  he  in  substance  makes  objection  that  his  testimony'' 
or  the  production  of  such  evidence,  documentary  or  other- 
wise, may  incriminate  himself,  and  he  shall  not  be  obliged 
to  object  to  each  question,  but  one  objection  shall  be  suffi- 
cient to  protect  such  witness  from  prosecution  for  any 
offense  concerning  which  he  may  testify,  or  for  or  on  account 
of  any  transaction,  matter  or  thing  concerning  Avhich  he 
may  testify  or  produce  evidence,  documentary  or  otherwise, 
upon  such  trial,  hearing,  proceeding  or  investigation. 
Legislation  §  1324.     Added   by   Stats.   1911,   p.  485. 

CHAPTER  III. 

Compelling  the  Attendance  of  Witnesses. 

§  1326.     Subpoena  defined,  and  who  may  issue. 

§  1327.     Form  of  subpoena. 

§  1328.     Subpoena,  by  whom  and  how  served. 

§  1329.     Fees  of  witnesses,  when  from  without  county. 

§  1330.     Witness  residing  or  served  with  subpoena  out  of  the  county, 

how  compelled  to  attend. 
§  1331.     Disobedience  to  subpoena,  etc. 
§  1332.     Failure  to  appear,  undertaking  forfeited. 
§  1333.     Manner   of  producing  prisoner  as   witness.     If   prison   is   out 

of  county  in  which  application  is  made. 

§  1326.  Subpoena  defined,  and  who  may  issue.  The  pro- 
cess by  which  the  attendance  of  a  witness  before  a  court  or 
magistrate  is  required  is  a  subpoena  :  it  may  be  signed  and 
issued  bj^ : 

1.  A  magistrate  before  whom  a  complaint  is  laid,  for  wit- 
nesses in  the  state,  either  on  behalf  of  the  people  or  of  the 
defendant. 

2.  The  district  attorney,  for  witnesses  in  the  state,  in  sup- 
port of  the  prosecution,  or  for  such  other  witnesses  as  the 
grand  jury,  upon  an  investigation  pending  before  them,  may 
direct. 

3.  The  district  attorney,  for  witnesses  in  the  state,  in  sup- 
port of  an  indictment  or  information,  to  appear  before  the 
court  in  Avhich  it  is  to  be  tried. 

4.  The  clerk  of  the  court  in  which  an  indictment  or  infor- 
mation is  to  be  tried;  and  he  must,  at  any  time,  upon  appli- 
cation of  the  defendant,  and  without  charge,  issue  as  many 
blank  subpoenas,  subscribed  by  him  as  clerk,  for  witnesses 
in  the  state,  as  the  defendant  may  require.  [Amendment  ap- 
proved 1880;  Code  Amdts.  1880,  p.  27.] 

Subpoena,  defined:  Code  Civ.  Proc,  §  1985, 


§  1328  PENAL    CODE.  612 

Legislation  §  1326.  1.  Knadcl  Fcl.iuurv  H,  1872  (N.  Y.  Codo 
Crim.  Proc,  §§  (i(l7-(in);  l.asod  mi  Criiii.'  Pr.ie.  Act,  Stats.  18.51, 
p.  27.T,  §§  .547-n.")l,  which  rend:  "§  ;")47.  The  process  by  which  the 
attendance  of  a  witness  before  a  court  or  niaj^istrate  is  required,  is 
a  subpoena.  §  HIS.  A  magistrate  before  whom  an  information  is 
laid,  may  issue  subi>oenas,  subscribed  l)y  him,  for  witnesses  within 
the  state,  eitlier  on  belialf  of  tlie  jieojile  or  of  the  defendant. 
§  .549.  The  district  attorney  may  issue  subpoenas,  subscribed  by 
him,  for  witnesses  within  the  state,  in  support  of  the  prosecution, 
or  for  such  otlier  witnesses  as  the  grand  jury,  upon  any  investiga- 
tion i)ending  before  them,  may  direct.  §  550.  The  district  attorney 
may  in  like  manner  issue  subpoenas  subscribed  by  liim,  for  wit- 
nesses within  the  state,  in  support  of  an  indictment  to  appear  be- 
fore the  court  at  whicli  it  is  to  be  tried.  §  551.  The  cleric  of  the 
court  at  which  an  indictment  is  to  be  tried  shall  at  all  times  upon 
the  application  of  the  defendant,  and  witliout  charge,  issue  as  many 
blanlc  subpoenas,  subscribed  by  him  as  clerk,  for  witnesses  within 
the  state,  as  may  l)e  required  hy  the  defendant.-" 

2.  Amended  bv  Code  Amdts.  1880,  p.  27  (1)  in  subd.  1,  ciiMiiging 
"an  information"  to  "a  complaint";  (2)  in  subds.  .']  and  4,  a<lding 
"or  information"   after  "indictment." 

§1327.  Form  of  subpoena.  A  subpoena  autliori/ed  by 
the  last  section  mnst  be  substantially  in  the  following  form : 

The  People  of  the  State  of  California  to  A.  B. : 

You  are  commanded  to  appear  before  C.  D.,  a  justice  of 

the  peace  of township,  in  • county  (or  as  the  case 

may  be),  at  (naming  the  place),  on  (stating  the  day  and 
honr),  as  a  witness  in  a  criminal  action  prosecuted  by  the 
people  of  the  state  of  California  against  E.  F. 

Given  under  my  hand  this day  of ,  A.  D.  eighteen 

[nineteen]  .  G.  H.,  Justice  of  the  Peace,  (or  "J.  K.,  Dis- 
trict Attorney,"  or  "By  order  of  the  court,  L.  ]\T.,  Clerk," 
or  as  the  case  may  be).  If  books,  papers,  or  documents  are 
required,  a  direction  to  the  following  effect  must  be  con- 
tained in  the  subpoena :  "And  you  are  required,  also,  to 
bring  w^ith  you  the,  following"  (describing  intelligibly  the 
books,  papers,  or  documents  required). 

Legislation  §  1327.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  612);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  273,  §§  552,  553. 

§  1328.  Subpoena,  by  whom  and  how  served.  A  subpoena 
may  be  served  by  any  person,  but  a  peace-officer  must  serve 
in  his  county  any  subpoena  delivered  to  him  for  service, 
either  on  the  part  of  the  people  or  of  the  defendant,  and 
must,  without  delay,  make  a  written  return  of  the  service, 
subscribed  by  him,  stating  the  time  and  place  of  service. 
The  service  is  made  by  showing  the  original  to  the  witness 
personally  and  informing  him  of  its  contents. 

Subpoena,  how  served  in  civil  cases:  Code  Civ.  Proc,  ^  1987. 


613  COMPELLING  ATTENDANCE  OF  WITNESSES.  §  1330 

Legislation  §  1328.  1.  Eiiaotcd  FoI)iunrv  U,  1872  (N.  Y.  Code 
Crim.  Proc,  §§  614,  61."j);  based  on  Crim'.  Piae.  Act,  Stats.  1851, 
p.  274,  §§  554,  555,  Avhich  read:  "§554.  .\  peace-oflfii-er  must  serve 
\vithiu  his  county  any  subpoena  delivered  to  him  for  service,  either 
on  the  part  of  the  people  or  of  the  defendant,  and  must  make  a 
written  return  of  the  service,  subscribed  by  him,  stating  the  time 
and  place  of  service  without  delay.  §  555.  The  service  of  a  sub- 
poena shall  be  by  showing  the  original  to  the  witness  personally, 
and  informing  him  of  the  contents." 

2.  Amendment  by  Stats.  1901,  p.  495;  uneonstitutional.  See  note, 
§  5,  ante. 

§  1329.  Fees  of  witnesses,  when  from  without  county. 
When  a  person  attends  before  a  magistrate,  grand  jnry,  or 
court,  as  a  witness  in  a  criminal  case,  npon  a  su'  poena  or  in 
pursuance  of  an  undertaking,  and  it  appears  that  he  has 
come  from  a  place  outside  of  the  county,  or  that  he  is  poor 
and  unable  to  pay  the.  expenses  of  such  attendance,  the 
court,  at  its  discretion,  if  the  attendance  of  the  witness  be 
upon  a  trial,  by  an  order  upon  its  minutes,  or,  in  any  other 
case,  the  judge,  at  his  discretion,  by  a  written  order,  may 
direct  the  county  auditor  to  draw  his  warrant  upon  the 
county  treasurer  in  favor  of  witness  for  a  reasonable  sum. 
to  be  specified  in  the  order,  for  the  necessary  expenses  of 
the  witness.  [Amendment  approved  1876;  Code  Amdts. 
1875-76,  p.  117.] 

Legislation  §  1329.  1.  Enacted  February  14,  1872;  in  substance 
the  same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  274,  §§  55G,  557.  When 
enacted  in  1872,  §  1329  read:  "1329.  When  a  person  attends  before 
a  magistrate,  grand  ji'.ry,  or  court,  as  a  witness  on  behalf  of  the 
people,  upon  a  subpoena  or  pursuant  to  an  undertaking,  and  it  ap- 
pears that  he  has  come  from  a  place  out  of  the  county,  or  that  he  is 
poor,  the  court,  if  the  attendance  of  the  witness  be  upon  a  trial, 
by  an  order  upon  its  minutes,  or,  in  any  other  case,  the  county  judge, 
"by  a  written  order,  may  direct  the  county  treasurer  to  paj'  the  wit- 
ness a  reasonable  sum,  to  be  specified  in  the  order,  for  his  expenses. 
Upon  the  production  of  the  order,  or  a  certified  copy  thereof,  the 
county  treasurer  must  pay  the  witness  the  sum  specified  therein, 
out  of  the  county  treasury." 

2.  Amended   by   Code   Amdts.   1875-76,   p.   117. 

§  1330.  Witness  residing  or  served  with  subpoena  out  of 
the  county,  how  compelled  to  attend.  No  person  is  obliged 
to  attend  as  a  witness  before  a  court  or  magistrate  out  of 
the  county  where  the  witness  resides,  or  is  served  with  the 
subpoena,  unless  the  judge  of  the  court  in  Avhich  the  ofifense 
is  triable,  or  a  justice  of  the  supreme  court,  or  a  judge  of 
a  superior  court,  upon  an  affidavit  of  the  district  attorney 
or  prosecutor,  or  of  the  defendant,  or  his  counsel,  stating  that 
he  believes  the  evidence  of  the  witness  is  material,  and 
his  attendance  at  the  examination  or  trial  necessary,  shall 
indorse  on  the  subpoena  an  order  for  the  attendance  of  the 


§  1333  PENAL    CODE.  G14 

•witness.     [Amendiiu^nt   jipprovotl  1880;    Code  Anidts.   1880, 
p.  34.] 

Compelling  attendance  of  witnesses:  See  post,  §  1.513. 
Legislation  §  1330.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Criiii.  I'roc,  §  (lis) ;  in  .-■iibstance  tlic  same  jis  Criin.  Prac.  Act,  Stats. 
1851,   !•.  274,  §  .-).-)S. 

2.  Anieiided  l)y  C'udc  Aiiults.  1880,  p.  .".1,  sul>stitutiiiy  "a  judge 
of  a  su|icri()r  court"  for  a  '■((Uiuty  jud^c" 

§  1331.  Disobedience  to  subpoena,  etc.  Disobedience  to 
a  subpoena,  or. a  i-el'iisal  to  be  sworn  or  to  testify  as  a  wit- 
ness, may  be  punished  by  the  court  or  magistrate  as  a  con- 
tempt. A  Avitness  disobeying  a  subpoena  issued  on  the  part 
of  the  defendant,  unless  he  show  good  cause  for  his  non- 
attendance,  is  liable  to  the  defendant  in  the  sum  of  one 
hundred  dollars,  which  may  be  recovered  in  a  civil  action. 
Contempts:  Code  Civ.  Proc,  §§  1209-1222. 
Legislation  §  1331.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  619) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  LS.^l, 

p.  274,  §§  5.59,  561. 

§  1332.  Failure  to  appear,  undertaking-  forfeited.  When 
a  witness  has  entered  into  an  undertaking  to  appear,  upon 
his  failure  to  do  so  the  undertaking  is  forfeited  in  the  same 
manner  as  undertakings  of  bail. 

Legislation  §  1332.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  274,  §  560,  which  read:  "§560.  Where  a 
witness  has  entered  into  a  recoonizanee  to  appear,  as  provided  in 
section  one  hundred  and  seventieth,  upon  his  failure  to  do  so  his 
recognizance  shall  [be]  forfeited  in  the  same  manner  as  recogni- 
zances of  bail." 

§  1333.  Manner  of  producing-  prisoner  as  witness.  If 
prison  is  out  of  county  in  which  application  is  made.  When 
the  testimony  of  a  material  witness  is  required  in  a  criminal 
action,  before  a  court  of  record  of  this  state,  or  in  an  ex- 
amination before  a  grand  jury  or  magistrate  for  an  otfense 
triable  in  the  superior  court  and  such  witness  is  a  prisoner 
in  a  state  prison  or  in  a  county  jail,  an  order  for  his  tem- 
porary removal  from  such  prison  or  jail,  and  for  his  pro- 
duction before  such  court,  grand  jury  or  magistrate,  may 
be  made  by  the  superior  court  of  the  county  in  which  such 
action  or  examination  is  pending  or  by  a  judge  thereof; 
but  in  case  the  prison  or  jail  is  out  of  the  county  in  which 
the  application  is  made,  such  order  shall  be  made  only 
upon  the  affidavit  of  the  district  attorney  or  prosecutor, 
or  of  the  defendant  or  his  counsel,  stating  that  the  testi- 
mony is  material  and  necessary ;  and  even  then  the  granting 
of  the  order  shall  be  in  the  discretion  of  said  superior  court 
or  a  judge  thereof.     The  order  shall  be    executed  by  the 


()15  COMPELLING  ATTENDANCE  OF  WITNESSES.  §  1333 

sheriff  of  the  county  in  Avhich  it  shall  be  made,  whose  duty 
it  shall  be  to  bring  the  prisoner  before  the  proper  court, 
grand  jury  or  magistrate,  to  safely  keep  him,  and  when 
he  is  no  longer  required  as  a  witness,  to  return  him  to  the 
prison  or  jail  Avhence  he  was  taken ;  the  expense  of  execut- 
ing such  order  shall  be  a  proper  charge  against,  and  shall 
be  paid  by,  the  county  in  which  the  order  shall  be  made. 
[Amendment  approved  1915;  Stats.  1915,  p.  731.] 

Deposition  of  prisoner,  when  and  how  taken:  See  post,  §  1346. 

Prisoner  as  witness,  proceedings  on  bringing  in:  See  post,  §  1567. 

Legislation  §  1333.  1.  Added  by  Code  Amdts.  1877-78,  p.  123, 
and  then  read:  "When  the  testimony  of  a  material  witness  for  the 
people  is  required  in  a  criminal  action,  before  a  court  of  record  of 
this  state,  and  such  witness  is  a  prisoner  in  the  state  prison,  or  in 
a  county  jail,  an  order  for  his  temporary  removal  from  such  prison 
or  jail,  and  for  his  production  before  such  court,  may  be  made  by 
the  court  in  which  the  action  is  pending,  or  by  the  judge  thereof; 
but  in  case  the  prison  or  jail  is  out  of  the  county  in  which  the 
applicatiop  is  made,  such  order  shall  only  be  made  upon  the  affidavit 
of  the  district  attorney,  or  other  person,  on  behalf  of  the  people, 
showing  that  the  testimony  is  material  and  necessary;  and  even 
then  the  granting  of  the  order  shall  be  in  the  discretion  of  the  court 
or  judge.  The  order  shall  be  executed  by  the  sheriff  of  the  county 
in  which  it  shall  be  made,  whose  duty  it  shall  be  to  bring  the  pris- 
oner before  the  proper  court,  to  safely  keep  him,  and  when  he  is 
no  longer  required  as  a  witness,  to  return  him  to  the  prison  or  jail 
whence  he  was  taken;  the  expense  of  executing  such  order  shall  be 
paid  by  the  county  in  which  the  order  shall  be  made." 

2.  Amended  by  Stats.  1913,  p.  23S,  to  read:  "When  the  testimony 
of  a  material  witness  for  the  people  is  required  in  a  criminal  action, 
before  a  court  of  record  of  this  state,  or  in  an  examination  before 
a  grand  jury  or  magistrate  for  an  offense  triable  in  the  superior 
court  and  such  witness  is  a  prisoner  in  a  state  prison  or  in  a  county 
jail,  an  order  for  his  temporary  removal  from  such  prison  or  jail, 
and  for  his  production  before  such  court,  grand  jury  or  magistrate, 
may  be  made  by  the  superior  court  of  the  county  in  which  such 
action  or  examination  is  pending  or  by  a  judge  thereof;  but  in  case 
the  prison  or  jail  is  out  of  the  county  in  which  the  application 
is  made,  such  order  shall  be  made  only  upon  the  affidavit  of  the 
district  attorney  or  other  person,  on  behalf  of  the  people,  stating 
that  the  testimony  is  material  and  necessary;  and  even  then  the 
granting  of  the  order  shall  be  in  the  discretion  of  said  superior  court 
or  a  judge  thereof.  The  order  shall  be  executed  by  the  sheriff  of 
the  county  in  wliich  it  shall  be  made,  whose  duty  it  shall  be  to  bring 
the  prisoner  before  the  proper  court,  grand  jury  or  magistrate,  to 
safely  keep  him,  and  when  he  is  no  longer  required  as  a  witness,  to 
return  him  to  the  prison  or  jail  whence  he  was  taken;  the  expense  of 
executing  such  order  shall  be  a  proper  charge  against,  and  shall  be 
paid  by,  the  county  in  which  the  order  shall  be  made." 
3.  Amended  by  "Stats.  1915,  p.  731. 


.^  ]:VM)  PENAL   CODE.  GIG 

ClIAl'TKIi  IV. 

Examination  of  Witnesses  Conditionally. 

§  1335.  Exaniiuatioii   of  witnesses  conditionally. 

S  133G.  In  what  cases  an  order  may  be  applied  for. 

§  1337.  Application,  how  made. 

§  1338.  •  Application,  to  whom  made. 

§  1339.  Order,  what  to  contain. 

§  1340.  Defendant  has  right  to  be  present  at  examination. 

§  1341.  Examination  not  to  proceed,  when. 

§  1342.  Attendance  of  witness,  how  enforced. 

§  1343.  Testimony,  how  taken  and  authenticated. 

§  1344.  Deposition  to  be  transmitted  to  clerk. 

§  1345.  When  may  be  read  in  evidence.     Subject  to  ob.jections,  etc. 

^  1346.  Deposition  of  witnesses  who  are  prisoners  in  other  counties. 

§  1335.  Examination  of  witnesses  conditionally.  AVlien  a 
defendant  h;is  been  lu'ld  to  Jiiiswei'  a  cliarL;e  for  a  public 
offense,  he,  in  all  cases,  and  the  people  in  cases  other  than 
of  homicide,  may,  cither  before  or  after  an  indictment  or 
information,  have  witnesses  examined  conditionally  in  his 
or  their  behalf,  as  prescril  ed  in  this  chapter.  [Amendment 
approved  1905;  Stats.  1905,  p.  702.] 

Legislation  §  1335.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  C20) ;  in  substance  the  same  as  Crim.  Prae.  Act.  Stats. 
1851,  p.  274,  §  5(32.  When  enacted  in  1872,  §  1335  road:  "1335.  When 
a  defendant  has  been  held  to  answer  a  charge  for  a  public  offense, 
he  may,  either  before  or' after  an  indictment,  have  witnesses  exam- 
ined conditionally,  on  his  behalf,  as  prescribed  in  this  chapter,  and 
not  otherwise." 

2.  Amended  by  Code  Amdts.  1880,  p.  27,  inserting  "or  informa- 
tion" after  "indictment." 

3.  Amendment  by  Stats.  1901,  p.  496;  unconstitutional.  See  note, 
§  5,  ante. 

4.  Amended  by  Stats.  1905,  p.  702;  the  code  commissioner  saying 
in  his  note  to  §§  1335-1341,  "By  the  amendment  to  the  above  sec- 
tions, the  provisions  of  the  statute  respecting  the  conditional  ex- 
amination of  witnesses  have  been  extended  so  far  as  may  be  con- 
stitutionally .done,  to  the  end  that  the  prosecution,  except  in  cases 
of  homicide,  may  have  the  same  privilege  as  the  accused  of  taking 
conditionally  the  testimony  of  witnesses  who  are  about  to  leave 
the  state,  or  w^ho  are  so  sick  and  infirm  as  to  afford  reasonable 
grounds  for  apprehending  that  they  will  be  unable  to  attend  the 
trial.  The  proposed  change  is  within  the  contemplation  of  that  part 
of  §  13  of  article  I  of  the  constitution,  which  jirovides  that  'the 
legislature  shall  have  power  to  provide  for  the  taking,  in  the  pres- 
ence of  the  party  accused  and  his  counsel,  of  depositions  of  wit- 
nesses in  criminal  cases,  other  than  cases  of  homicide,  when  there 
is  reason  to  believe  that  the  witness,  from  inability  or  other  cause, 
will  not  attend  the  trial.'  " 

§  1336.     In   what   cases   an   order   may   be '  applied   for. 

When  a  material  witness  for  the  defendant,  or  for  the  peo- 
ple, is  a'oont  to  leave  the  state,  or  is  so  sick  or  infirm  as  to 


617  EXAMINATION  OF  WITNESSES  CONDITIONALLY.  §  1338 

afford  reasonable  grounds  for  apprehension  that  he  will 
be  unable  to  attend  the  trial,  the  defendant  or  the  people 
may  apply  for  an  order  that  the  witness  be  examined  con- 
ditionally. [Amendment  approved  1905;  Stats.  1905, 
p.  702.] 

Legislation  §  1336.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §621);  reading  the  same  as  Crim.  Prae.  Act,  Stats. 
1851,  p.  275,  §  563,  but  omitting  the  words  "on  a  commission"  from 
end  of  section.  When  enacted  in  1872,  §  1336  read:  "1336.  When 
a  material  witness  for  the  defendant  is  about  to  leave  the  state,  or 
is  so  sick  or  infirm  as  to  afford  reasonable  grounds  for  apprehending 
that  he  will  be  unable  to  attend  the  trial,  the  defendant  may  apply 
for  an  order  that  the  witness  be  examined  conditionally." 

2.  Amendment  by  Stats.  1901,  p.  496;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  702.  See  ante,  Legislation  §  1335, 
for  code  commissioner's  note. 

§  1337.  Application,  how  made.  The  application  must  be 
made  upon  affidavit  stating : 

1.  The  nature  of  the  offense  charged ; 

2.  The  state  of  the  proceedings  in  the  action ; 

3.  The  name  and  residence  of  the  witness,  and  that  his 
testimony  is  material  to  the  defense  or  the  prosecution  of 
the  action ; 

4.  That  the  witness  is  about  to  leave  the  state,  or  is  so 
sick  or  infirm  as  to  afford  reasonable  grounds  for  appre- 
hending that  he  will  not  be  able  to  attend  the  trial 
[Amendment  approved  1905;  Stats.  1905,  p.  703.] 

Legislation  §  1337.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §622);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  275, 
§  566,  which,  in  subd.  3,  did  not  have  the  words  "and  residence" 
after  "The  name." 

2.  Amendment  by  Stats.  1901,  p.  496;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  703,  in  subd.  3,  adding  "or  the 
prosecution"  after  "material  to  the  defense."  See  ante,  Legisla- 
tion §  1335,  for  code  commissioner's  note. 

§  1338.  Application,  to  w^hom  made.  The  application 
may  be  made  to  the  court  or  a  judge  thereof,  and  must  be 
made  upon  three  days'  notice  to  the  opposite  party. 
[Amendment  approved  1905;  Stats.  1905,  p.  703.] 

Legislation  §  1338.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  623);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  275,  §  567.  When  enacted  in  1S72,  §  1338  read:  "1338.  The 
application  may  be  made  to  the  court  during  the  term  thereof,  or 
to  the  .iudge  in  vacation,  and  must  be  upon  three  days  notice  to 
the  district  attorney." 

2.  Amended  by  Code  Amdts.  1880,  p.  5,  to  read:  "1338.  Tlie  ap- 
plication may  be  made  to  the  court,  or  to  a  judge  thereof,  and  must 
be   upon   three    days'   notice   to   the   district    attorney." 


§  1341  PEXAL    CODE.  (>18 

3.  Aiiu'iuliiit  lit  by  Stilts.  1901,  p.  I'Jli;  uiicoiistitutioiial.  Sec  note, 
§  o,  ante. 

4.  Amended  by  IStats.  1905,  ji.  703.  See  ante,  Legislation  §  1335, 
for  code  coniinissionor's  note. 

§  1339.  Order,  what  to  contain.  II"  the  court  or  jiul^'e  is 
satisfiocl  that  the  exaniinatiou  of  the  witness  is  neces.sary, 
an  order  must  be  made  that  tlie  witness  he  examined  con- 
ditionally, at  a  specified  time  and  place,  and  before  a  magis- 
trate designated  therein.  [Amendment  approved  1905; 
Stats.  1905,  p.  703.] 

Legislation  §  1339.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
C'rim.  Proc,  §  t52."j) ;  based  on  Crim.  Prae.  Act,  Stats.  1851,  p.  275, 
§§  5(iS,  569,  which  read:  "§  56S.  If  the  court  or  judge  to  whom  the 
apidication  is  made  be  satisfied  of  the  truth  of  the  facts  stated,  and 
that  the  examination  of  the  witness  is  necessary  to  the  attainment 
of  justice,  an  order  shall  be  made  that  a  commission  be  issued  to 
take  his  testimony.  §  569.  If  the  application  for  a  commission  be 
granted,  the  court  or  judge  may  insert  in  the  order  therefor  a  direc- 
tion that  the  trial  of  the  indictment  be  stayed  for  a  specified  time, 
reasonably  suflScient  for  the  execution  and  return  of  the  commis- 
sion." 

2.  Amendment  by  Stats.  1901,  p.  496;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  703,  at  end  of  section,  substituting 
"and  before  a  magistrate  desigiiatecl  therein"  for  "and  that  a  copy 
of  the  order  be  served  on  the  district  attorney,  within  a  speci- 
fied time  before  that  fixed  for  the  examination."  See  ante,  Legisla- 
tion §  1335,  for   code   commissioner's   note. 

§  1340.     Defendant  has  right  to  be  present  at  examination. 

The  defendant  has  tlie  riuht  to  be  present  in  person  and  with 
counsel  at  such  examination,  and  if  the  defendant  is  in 
custody,  the  ofificer  in  whose  custody  lie  is,  must  be  informed 
of  the  time  and  place  of  such  examination,  and  must  take 
the  defendant  thereto,  and  keep  him  in  the  presence  and 
hearing  of  the  witness  during'  the  examination.  [Amend- 
ment approved  1905;  Stats.  1905,  p.  703.] 

Legislation  §  1340.  1.  Enacted  February  14,  1872,  and  then  read: 
"1340.  The  order  must  direct  that  the  examination  be  taken  before 
a  magistrate  named  therein,  and  on  proof  being  furnished  to  such 
magistrate  of  service  upon  the  district  attorney  of  a  copy  of  the 
order,  if  no  counsel  appear  on  the  part  of  the  people,  the  examina- 
tion must  proceed." 

2.  Amendment  by  Stats.  1901,  p.  496;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  703.  See  ante,  Legislation  §  1335, 
for  code  commissioner's  note. 

§  1341.  Examination  not  to  proceed,  when.  If.  at  the 
time  and  place  so  designated,  it  is  shown  to  the  satisfaction 
of  the  magistrate  that  the  witness  is  not  about  to  leave  the 
state,  or  is  not  sick  or  infirra,  or  that  the  application  was 


619  EXAMINATION  OF  WITNESSES  CONDITIONALLY.  §  13-i5 

made  to  avoid  the  examination  of  the  witness  on  the  trial. 

the  examination  cannot  take  place.      [Amendment  approved 

1905;  Stats.  1905,  p.  703.] 

Legislation  §  1341.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Criiu.  Proc,  §  628),  and  then  read:  "1341.  If  the  district  attorney 
or  other  counsel  apjiear  on  behalf  of  the  people,  and  it  is  shown  to 
the  satisfaction  of  the  magistrate,  by  affidavit  or  other  proof,  or  on 
the  examination  of  the  witness,  that  he  is  not  about  to  leave  the 
state,  or  is  not  sick  or  infirm,  or  that  the  application  was  made  to 
avoid  the  examination  of  the  witness  on  the  trial,  the  examination 
cannot  take  place;  otherwise  it  must  proceed." 

2.  Amendment  by  Stats.  1901,  p.  496;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  703.  See  ante,  Legislation  §  1335, 
for  code  commissioner's  note. 

§  1342.  Attendance  of  witness,  how^  enforced.  The  at- 
tendance of  the  Avitness  may  be  enforced  by  a  subpoena, 
issued  by  the  magistrate  before  whom  the  examination  is  to 
be  taken. 

Legislation  §  1342.     Enacted    February    14.    1872.     (N.    Y.    Code 

Crim.  Proc,  §  634.) 

§  1343.     Testimony,  how  taken  and  authenticated.     The 

testimony  given  by  the  witness  must  be  reduced  to  writing, 
and  authenticated  in  the  same  manner  as  the  testimony  of 
a  witness  taken  in  support  of  an  information. 

Legislation  §  1343.  Enacted  February  14,  1872.  (N.  Y.  Code 
Crim.  Proc,  §  629.) 

§  1344.  Deposition  to  be  transmitted  to  clerk.  The  depo- 
sition taken  must,  by  the  magistrate,  be  sealed  up  and  trans- 
mitted to  the  clerk  of  the  court  in  which  the  action  is  pend- 
ing or  ma^  come  for  trial. 

Legislation  §  1344.     Enacted  February  14,  1872. 

§  1345.  When  may  be  read  in  evidence.  Subject  to  ob 
jections,  etc.  The  deposition,  or  a  certified  copy  thereof, 
may  be  read  in  evidence  1  y  either  party  on  the  trial,  upon 
its  appearing  that  the  witness  is  unable  to  attend,  by  reason 
of  his  death,  insanity,  sickness,  or  infirmity,  or  of  his  con- 
tinued absence  from  the  state.  Upon  reading  the  deposition 
in  evidence,  the  same  objections  may  be  taken  to  a  question 
or  answer  contained  therein  as  if  the  witness  has  been  exam- 
ined orally  in  court. 

Legislation  §  1345.  Enacted  Februarv  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §631);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  277,  §  582, 
which  read:  "§582.  The  depositions  taken  under  the  commission 
may  be  read  in  evidence  by  either  party  on  the  trial,  upon  it  being 
shown  that  the  witness  is  unable  to  attend  from  any  cause  what- 
ever, and  the  .same  objections  may  be  taken  to  aty  question  in  the 


§  1349  PENAL   CODE.  620 

iiif  I'li'ugatoiii'S,  or  tu  uiiv  ansvvcr  in  flic  ilfiKiwit  ion,  as  if  liu;  witness 
luul  been   examiiu'd  orailv    in   (•(nirt." 

§  1346.  Deposition  of  witnesses  who  are  prisoners  in 
other  counties.  When  a  malci-ial  witness  for  a  defendant, 
under  a  ei-iminal  cliai-.ue,  is  a  prisoner  in  the  state  prison,  or 
in  tlie  county  jail  of  a  county  other  Hum  that  in  which  the 
defendant  is  to  be  tried,  his  deposition  may  be  taken,  on 
behalf  of  the  defendant,  in  the  manner  provided  for  in  tlie 
case  of  a  witness  who  is  sick,  and  the  provisions  of  the 
Penal  Code,  commencing  with  section  thirteen  hundred  and 
thirty-five  and  ending  with  section  thirteen  hundred  and 
forty-five,  shall,  so  far  as  applicable,  govern  in  the  applica- 
tion for  and  in  the  taking  and  use  of  such  deposition.  Such 
deposition  may  be  taken  before  any  magistrate  or  notary 
public  of  the  county  in  which  the  jail  or  prison  is  situated; 
or  in  case  the  witness  is  confined  in  the  state  prison,  and  the 
defendant  is  unable  to  pay  for  taking  the  deposition,  before 
the  warden  or  clerk  of  the  board  of  directors  of  the  state 
prison,  whose  duty  it  shall  be  to  act  without  compensation. 
Every  officer,  before  whom  testimony  shall  be  taken  by  vir- 
tue hereof,  shall  have  authority  to.  administer,  and  shall 
administer  an  oath  to  the  witness  that  his  testimony  shall 
be  the  truth,  the  whole  truth,  and  nothing  but  the  truth. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  28.] 
Legislation  §  1346.  1.  Added  by  Code  Amdts.  1877-78,  p.  123. 
2.  Amended  by  Code  Amdts.  1880,  p.  28,  (1)  in  first  sentence, 
changing  "under  indictment"  to  "under  a  criminal  charge";  (2)  in 
second  sentence,  omitting  "deputy  warden"  after  "warden." 


CHAPTER  V, 

Examination  of  Witnesses  on  Commission. 

§  1349.  Witness  residing  out  of  the  state,  when  to  be  examined. 

§  1350.  When   defendant  may  apply  for  an   order  to  examine,  etc. 

§  1351.  Commission  defined. 

§  1352.  Application  made  on  affidavit. 

§  1353.  Application  to  whom  made. 

§  1354.  Order  of  commission,  when  granted  and  stay  of  proceedings. 

§  1355.  Interrogations,  how  settled  and  allowed. 

§  1356.  Direction  as  to  the  return  of  the  commission. 

§  1357.  Execution  of  commission  to  take  testimony. 

§  1358.  Commission    how   returned    when    delivered   to   an    agent    for 

that  purpose. 

§  1359.  Same. 

§  1360.  When  and  how  filed. 

§  1361.  Commission  and  return  to  be  open  for  inspection.     Copies,  etc. 

§  1362.  Depositions  to  be  read  in  evidence.     Objections  thereto. 

§  1349.     Witness  residing  out  of  the  state,  when  to  be  ex- 
amined.    When  an  issue  of  fact  is  joined  upon  an  indict- 


621  EXAMINATION  OF  WITNESSES  ON  COMMISSION.         §  1353 

meiit  or  information,  the  defendant  may  have  any  material 
Avitness,  residing  out  of  the  state,  examined  in  his  behalf, 
as  prescribed  in  this  chapter,  and  not  otherwise.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  28.] 

Legislation  §  1349.  1.  Euadod  February  14,  1872.  (N.  Y.  Code 
Crim.  Proc,  §  (J36). 

2.  Amended  by  Code  Amdts.  1880,  ji.  28,  inserting  "or  informa- 
tion" after  "indictment." 

§  1350.  When  defendant  may  apply  for  an  order  to  ex- 
amine, etc.  When  a  material  witness  for  the  defendant  re- 
sides out  of  the  state,  the  defendant  may  apply  for  an  order 
that  the  witness  be  examined  on  a  commission. 

Legislation  §  1350.     Enacted    February     14,    1872.      (X.    Y.    Code 

Crim.  Proc,  §  637.) 

§  1351.  Commission  defined.  A  connnission  is  a  process 
issued  under  the  seal  of  the  court  and  the  signature  of  the 
clerk,  directed  to  some  person  designated  as  commissioner, 
authorizing  him  to  examine  the  witness  upon  oath  on  inter- 
rogatories annexed  thereto,  to  take  and  certify  the  deposi- 
tion of  the  witness,  and  to  return  it  according  to  the  direc- 
tions given  with  the  commission. 

Legislation  §  1351.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc.,  §638);    in    substance    the    same    as    Crim.    Prae.    Act,    Stats. 

1851,  p.   275,  §  564. 

§  1352.     Application  made  on  affidavit.     The  application 

must  be  made  upon  affidavit,  stating : 

1.  The  nature  of  the  offense  charged; 

2.  The  state  of  the  proceedings  in  the  action,  and  that 
an  issue  of  fact  has  been  joined  therein; 

3.  The  name  of  the  witness,  and  that  his  testimony  is  ma- 
terial to  the  defense  of  the  action ; 

4.  That  the  witness  resides  out  of  the  state. 

Legislation  §  1352.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  (539) ;  based  on  Crim.  Prac.  Act,  Stats.  1S51,  p.  273,  §  566, 
which  read:  "§566.  The  application  must  be  made  upon  affidavit, 
showing:  First,  the  nature  of  the  offense  charged.  Second,  the  state 
of  the  proceedings  in  the  action.  Third,  the  name  of  the  witness, 
and  that  his  testimony  is  material  to  the  defense  of  the  action. 
Fourth,  that  the  witness  is  about  to  leave  the  state  or  is  so  sick  or 
infirm  as  to  afford  reasonable  grounds  for  apprehending  that  lie 
will  not  be  able  to  attend  the  trial." 

§  1353.  Application  to  whom  made.  The  application 
may  be  made  to  the  court,  or  a  judge  tliereof,  and  must  be 
upon  three  days'  notice  to  the  district  attorney.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  6.] 

Legislation  §  1353.     1.  Enacted    February    14,    1872    (N.    Y.    Code 

Crim.  Proc,  §  642);  in  the  exact  language  of  Crim.  Prac  Act,  Stats. 

1851,  p.  275,  §  567.     When  enacted  in  1872,  §  1353  read:   "1353.  The 


§  l;}oG  I'ENAL    CODE.  622 

ii|)i)lii!itii)ii  rn;i_v  ln'  iiiinlc  to  tlic  court  diiriu};  tlio  term,  or  to  the 
judye  ill  viicatinii,  jiikI  iinist  Ix-  uiioii  ttiri't'  diiys'  notice  to  the  dis- 
trict attorney." 

2.   Amended  hy  Code  .Anidts.  1880,  ]..  D. 

§  1354.  Order  of  commission,  when  granted  and  stay  of 
proceedings.  If  the  court  to  whom  the  application  is  made 
is  satisfied  of  the  ti'uth  of  the  facts  stated,  and  that  the 
examination  of  the  witness  is  necessary  to  the  attainment  of 
justice,  an  order  must  be  made  that  a  commission  be  issued 
to  take  his  testimony ;  and  the  court  may  insert  in  the  order 
a  direction  that  the  trial  be  stayed  for  a  specified  time, 
reasonably  sufficient  for  the  execution  and  return  of  the 
commission.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  28.] 

Legislation  §  1354.     1.  Enacted    February    14,    1872    (X.    Y.    Code 

Grim.  Proc,  §§  643,  644);  in  substance  the  same  as  Criin.  Prae.  Act, 

Stats.  1851,  p.  275,  §§  568,  569. 

2.  Amended  by  Code  Amdts.  1880,  p.  28,  (1)   omitting  "or  judge" 

after  "If  the  court"  and  after  "and  the  court";   (2)  changing  "that 

the  trial  of  the  indictment  be  stayed"  to  "that  the  trial  be  stayed." 

§  1355.  Interrogations,  how  settled  and  allowed.  When 
the  commission  is  ordered,  the  defendant  must  serve  upon 
the  district  attorney,  without  delay,  a  copy  of  the  interroga- 
tories to  be  annexed  thereto,  Avith  two  clays'  notice  of  the 
time  at  which  they  will  be  presented  to  the  court  or  judge. 
The  district  attorney  may  in  like  manner  serve  upon  the 
defendant  or  his  counsel  cross-interrogatories,  to  be  an- 
nexed to  the  commission,  with  the  like  notice.  In  the 
interrogatories  either  party  may  insert  any  questions  perti- 
nent to  the  issue.  When  the  interrogatories  and  cross- 
interrogatories  are  presented  to  the  court  or  judge,  accord- 
ing to  the  notice  given,  the  court  or  judge  must  modify  the 
questions  so  as  to  conform  them  to  the  rules  of  evidence, 
and  must  indorse  upon  them  his  allowance  and  annex  them 
to  the  commission. 

Legislation  §  1355.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §§645-648);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 

1S51,  p.  275,  §§  570-573. 

§1356.    Direction  as  to  the  return  of  the   commission. 

Unless  the  parties  otherwise  consent,  by  an  indorsement 
upon  the  commission,  the  court  or  judge  must  indorse 
thereon  a  direction  as  to  the  manner  in  which  it  must  be 
returned,  and  may,  in  his  discretion,  direct  that  it  be  re- 
turned by  mail  or  otherwise,  addressed  to  the  clerk  of  the 
court  in  which  the  action  is  pending,  designating  his  name 
and  the  place  where  his  office  is  kept. 


623  EXAMINATION  OP  WITNESSES  ON  COMMISSION.         §  135^ 

Legislation  §1356.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  649);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  276,  §  574. 

§  1357.     Execution  of  commission  to  take  testimony.    The 

coinmissionei-,  unless  otherwise  speeially  directed,  may  ex- 
ecute the  commission  as  follows: 

First.  He  must  publicly  administer  an  oath  to  the  wit- 
ness that  his  answers  given  to  the  interrooratories  shall  be 
the  truth,  the  whole  truth,  and  nothino-  but  the  truth. 

Second.  He  must  cause  the  examination  of  the  witness  to 
be  reduced  to  Avriting  and  subscribed  by  him. 

Third.  He  must  write  the  answers  of  the  witness  as  near 
as  possible  in  the  language  in  which  he  gives  them,  and  read 
to  him  each  answer  as  it  is  taken  down,  and  correct  or  add 
to  it  until  it  conforms  to  what  he  declares  is  the  truth. 

Fourth.  If  the  witness  decline  answering  a  question,  that 
fact,  with  the  reason  assigned  by  him  for  declining,  must  be 
stated. 

Fifth.  If  any  papers  or  documents  are  produced  before 
him  and  proved  by  the  Avitness,  they,  or  copies  of  them, 
must  be  annexed  to  the  deposition  subscribed  by  the  Avitness 
and  certified  by  the  commissioner. 

Sixth.  The  commissioner  must  subscribe  his  name  to  each 
sheet  of  the  deposition,  and  annex  the  deposition,  with  the 
papers  and  documents  proved  by  the  witness,  or  copies 
thereof,  to  the  commission,  and  must  close  it  up  under  seal, 
and  address  it  as  directed  by  the  indorsement  thereon. 

Seventh.  If  there  be  a  direction  on  the  commission  to  re- 
turn it  by  mail,  the  commissioner  must  immediately  deposit 
it  in  the  nearest  post-office.  If  any  other  direction  be  made 
by  the  written  consent  of  the  parties,  or  by  the  court  or 
judge,  on  the  commission,  as  to  its  return,  the  commissioner 
must  comply  with  the  direction. 

A  copy  of  this  section  must  be  annexed  to  the  commission. 

[Amendment  approved  1874;  Code  Amdts.  1873-74,  p.  451.] 

Legislation  §  1357.     1.  Enacted    February    14,    1872    (N.    Y.    Code 

Crim.  Proc,  §§  650,  651);  in  substance  the  same  as  Crim.  Prac.  Act, 

Stats.  1S51.  p.  276,  §§  575,  576. 

2.   Amended    by    Code    Amdts.    1873-74,    p.    451,    (1)    in    subd.    1, 

adding  "and  subscribed  by  him"  at  end  of  subdivision;  (2)  in  subd.  4, 

changing  "declines"  to  "decline";   (3)  in  subd.  5,  adding  "or  copies 

of   them"   before   "must   be   annexed";    (4)    in   subd.   6,   adding   "or 

copies  thereof"  before  "to  the  commission";  (5)  in  subd.  7,  changing 

(a)  "is"  to  "be"  after  "If  there"  and  after  "other  direction,"  and 

(b)  "he"  to  "the  commissioner." 

§  1358.  Commission  how  returned  when  delivered  to  an 
agent  for  that  purpose.     If  the  commission  and  return  be 


§  13G1  PKNAI.  CODE.  G24 

(l('li\  ci'cd  l/V  the  coiimiissioiici'  to  ;iii  ;i'_;i'iit.  lie  iiiiisl  <lcli\'('i' 
tlu'  snnie  1o  the  clcrlv  to  Avliom  it  is  dii-cctod,  or  to  the  judfjjo 
of  tlie  court  in  which  the  action  is  I)endin!,^  hy  whom  it  may 
be  received  and  opened,  ni)on  the  a.nent  inaK'iiiu-  affidavit 
that  he  received  it  from  the  liands  of  the  commissioner,  and 
that  it  has  not  been  opened  or  altered  since  he  received  it. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  28.] 
Legislation  §  1358.     1.  Enacted    February    14,   1872    (N.    Y.    Code 

(^riii).  Proc.  §  i).')2) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 

]8nl,p.  270,  §  577. 

2.  Amended   by   Code   Amdts.   1880,   p.   28,   substituting   (1)    "be" 

for  "is"  before  "dclivorod,"  and   (2)   "action"  for  "indictment." 

§  1359.  Same.  If  the  agent  is  dead,  or  from  sickness  or 
other  casualty  unable  personally  to  deliver  the  commission 
and  return,  as  prescribed  in  the  last  section,  it  may  be  re- 
ceived by  the  clerk  or  judge  from  any  other  person,  upon 
his  making  an  affidavit  that  he  received  it  from  the  agent; 
that  the  agent  is  dead,  or  from  sickness  or  other  casualty 
unable  to  deliver  it ;  that  it  has  not  been  opened  or  altered 
since  the  person  making  the  affidavit  received  it ;  and  that 
he  believes  it  has  not  been  opened  or  altered  since  it  came 
from  the  hands  of  the  commissioner. 

Legislation  §  1359.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc.  §  (353);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  27G,  §  578. 

§  1360.  When  and  how  filed.  The  clerk  or  judge  receiv- 
ing and  opening  the  commission  and  return  must  immedi- 
ately file  it,  with  the  affidavit  mentioned  in  the  last  two 
sections,  in  the  office  of  the  clerk  of  the  court  in  which  the  in- 
dictment is  pending.  If  the  commission  and  return  is  trans- 
mitted by  mail,  the  clerk  to  whom  it  is  addressed  must  re- 
ceive it  from  the  post-office,  and  open  and  file  it  in  his 
office,  where  it  must  remain,  unless  otherwise  directed  by 
the  court  or  judge. 

Legislation  §  1360.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §§  654,   655);   based   on   Crim.   Prac.   Act,   Stats.   1851,   p.  ^276, 

§§  579,  580,  the  latter  section  not  liaving  the  words  "by  the  court 

or  judge." 

§  1361.  Commission  and  return  to  be  open  for  inspection. 
Copies,  etc.  The  commission  and  return  must  at  ail  times 
be  open  to  the  inspection  of  the  parties,  who  must  be  fur- 
nished by  the  clerk  with  copies  of  the  same  or  of  any  part 
thereof,  on  payment  of  his  fees. 

Legislation  §  1361.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  656);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  277,  §  581. 


G25  INQUIRY  INTO  INSANITY  OF  DEFENDANT.  §  13G8 

§  1362.  Depositions  to  be  read  in  evidence.  Objections 
thereto.  Tlie  depositions  taken  under  tlie  connnission  may 
be  read  in  evidence  by  either  party  on  the  trial,  upon  it 
being  shown  that  the  witness  is  unable  to  attend  from  any 
cause  whatever;  and  the  same  objections  may  be  taken  to 
a  (luestion  in  the  interrogatories  or  to  an  answer  in  the 
deposition,  as  if  the  witness  had  been  examined  orally  in 
court. 

Legislation  §  1362.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  lij');  ill  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  277,  §  5S2. 

CHAPTER  VI. 

Inquiiy  into  the  Insanity  of  the  Defendant  Before   Trial   or  After 

Conviction. 

§  1367.     An  insane  person  cannot  be  tried,  sentenced,  or  punished  for 

a  public  ofl'ense. 
§  1368.     Doubt    as   to    sanity    of   defendant.     Examination    of,    before 

jury.     Stay  of  proceedings. 
§  1369.     Order   of   the   trial    of   the    question    of   insanity.     Charge   of 

the  court. 
§  1370.     Verdict  of  the  jury  as  to  sanity,  and  proceedings  thereon. 
§  1371.     If  defendant  is  committed,  it  exonerates  his  bail,  etc. 
§  1372.     Defendant  detained  in  hospital  until  he  becomes  sane. 
§  1373.     Expenses   of   sending,   etc.,    defendant    to    hospital,    a    charge 

against  county. 

§  1367.  An  insane  person  cannot  be  tried,  sentenced,  or 
punished  for  a  public  offense.  A  person  cannot  be  tried, 
adjudged  to  punishment,  or  punished  for  a  public  offense, 
while  he  is  insane. 

Acquittal  on  the  ground  of  insanity:  Ante,  §  1167. 

Criminal  liability  of  insane  persons:  See  ante,  §  26. 

Legislation  §  1367.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1S31,  p.  277,  §  583,  which  read:  "§  583.  An  act  done 
by  a  person  in  a  state  of  insanity  cannot  be  punished  as  a  public 
offense,  nor  can  a  person  be  tried,  adjudged  to  punishment,  or  pun- 
ished for  a  public  offense,  while  he  is  insane."  The  code  commis- 
sioners say:  "The  words  'An  act  done  by  a  person  in  a  state  of  in- 
sanity cannot  be  punished  as  a  public  offense,'  which  were  in  the 
original  section,  are  omitted.  They  prescribed  a  rule  by  which  re- 
sponsibility was  to  be  measured,  and  not  a  rule  of  criminal  proced- 
ure, and  for  that  reason  are  in  substance  incorporated  in  the  first 
part  of  this  code." 

§  1368.  Doubt  as  to  sanity  of  defendant.  Examination 
of,  before  jury.  Stay  of  proceedings.  If  at  any  time  dur- 
ing the  pendency  of  an  action  up  to  and  including  the  time 
when  defendant  is  brought  up  for  judgment  on  conviction  a 
doubt  arises  as  to  the  sanity  of  the  defendant,  the  court 
must  order  the  question  as  to  his  sanity  to  be  submitted 

Pen.  Code — 40 


i;  l;i(i9  piiKAL  CODE.  626 

to  a  jury;  and  the  trial  or  llir  proiioiiiK'iu'j  ol"  the  .jiidt,'nient 
iiiiist  he  suspciuled  until  tlie  ((uestion  is  dt'tenninetl  by  their 
verdict,  and  tlie  trial  jury  may  be  discharged  or  retained, 
aceordinii'  to  the  discretion  of  the  court,  durin*;'  the  jiendency 
of  the  issue  of  insanity.  [AniendiiuMit  a])proved  llJOf);  Stats. 
1905,  p.  222.1 

Insanity  as  a  defense  generally;   Ante,  §2G. 
Order  of  trial:    I'ost.  §  li'.Gn. 

Acquittal  on  tlie  ground  of  insanity:  See  ante,  §  1167. 
Legislation  §  1368.  1.  Enacted  February  14,  1872;  based  on 
Crim.  Prac.  Act,  Stats.  1851,  p.  277,  §S  584,  585,  which  read:  "§584. 
When  an  indictment  is  called  for  trial,  or  upon  conviction,  the  de- 
fendant is  brought  up  for  judgment,  if  a  doubt  shall  arise  as  to 
the  sanity  of  the  defendant,  the  court  shall  order  the  question  to  be 
submitted  to  the  regular  .iury,  or  may  order  a  .jury  to  be  summoned 
as  jirescribed  in  section  three  hundred  and  forty-one,  to  inr[uire  into 
the  fact.  §  585.  The  trial  of  the  indictment  or  the  pronouncing  of 
the  judgment,  as  the  case  may  be,  shall  be  suspended  until  the  ques- 
tion of  insanity  shall  be  determined  by  the  yerdict  of  the  jury." 
.When  enacted  "in  1872,  §  1368  read:  "1368.  When  an  indictment  is 
called  for  trial,  if  a  doubt  arises  as  to  the  sanity  of  the  defendant, 
the  court  must  order  the  question  to  be  submitted  to  a  jury;  where 
such  doubt  arises  on  the  defendant  being  brought  up  for  judgment 
on  conviction,  the  court  must  order  a  jury  to  be  summoned  from  the 
list  of  jurors  selected  by  the  supervisors  for  the  year,  to  inquire 
into  the  fact;  and  the  trial  of  the  indictment  or  the  pronouncing  of 
the  judgment  must  be  suspended  until  the  question  of  insanity  is 
determined  by  the  verdict  of  the  jury." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  452,  to  read:  "1368.  When 
an  indictment  is  called  for  trial,  or  at  any  time  during  the  trial,  or 
when  the  defendant  is  brought  up  for  judgment  on  conviction,  if  a 
doubt  arise  as  to  the  sanity  of  the  defendant,  the  court  must  order 
the  question  as  to  his  sanity  to  be  submitted  to  a  jury;  and  the 
trial  of  the  indictment,  or  the  pronouncing  of  the  judgment,  must  be 
suspended  until  the  question  is  determined  by  their  verdict,  and  the 
trial  jury  may  be  discharged  or  retained,  according  to  the  discre- 
tion of  the  court,  during  tlie  pendency  of  the  issue  of  insanity." 

3.  A-mended  by  Code  Amdts.  1880,  p.  28,  (1)  changing  "When  an 
indictment"  to  "When  an  action";  (2)  omitting  "of  the  indictment" 
after  "and  the  trial." 

4.  Amended  by  Stats.  1905,  p.  222. 

§  1369.  Order  of  the  trial  of  the  question  of  insanity. 
Charge  of  the  court.  The  trial  of  the  question  of  insanity 
must  proceed  in  the  following  order: 

1.  The  counsel  for  the  defendant  must  open  the  case  and 
offer  evidence  in  support  of  the  allegation  of  insanity; 

2.  The  counsel  for  the  people  may  then  open  their  ease 
and  offer  evidence  in  support  thereof; 

3.  The  parties  may  then  respectively  oft'er  rebutting  tes- 
timony only,  unless  the  court,  for  good  reason  in  furtherance 
of  justice,  permit  them  to  offer  evidence  upon  their  original 
cause ; 


627  INQUIRY   INTO   INSANITY  OV  DEFENDANT.  §  1370 

4.  Wlieii  the  evidence  is  eoiieliuled,  unless  the  ease  is  sub- 
mitted to  the  jury  on  either  or  both  sides  without  argument, 
the  counsel  for  the  people  must  commence,  and  the  defend- 
ant or  his  counsel  may  conclude  the  argument  to  the  jury; 

5.  If  the  indictment  be  for  an  offense  punishable  with 
death,  two  counsel  on  each  side  may  argue  the  cause  to  the 
jury,  in  which  case  they  must  do  so  alternately.  In  other 
cases  the  argument  may  be  restricted  to  one  counsel  on  each 
side; 

6.  The  court  must  then  charge  the  jury,  stating  to  them 
all  matters  of  law  necessary  for  their  information  in  giving 
their  verdict. 

Legislation  §  1369.  Enaeted  February  14,  1872  (based  on  Ciim. 
Prae.  Act,  Stats.  1851,  p.  277,  §§  586,  587),  (1)  in  subd.  1,  changiug 
"shall  open"  to  "must  open";  (2)  in  subd.  2,  chanaing  "shall  open" 
to  "may  then  open";  (?)  in  subd.  5,  changing  "shall  be  restricted" 
to  "may  be  restricted";  (4)  in  subd.  6.  (a)  changing  "shall  then"  to 
"must  then,"  (b)  omitting,  after  "the  jury,"  the  words  "if  requested 
by  either  party,"  and  (e)  adding  "stating  to  them  all  matters  of  law 
necessary  for  their  information  in  giving  their  verdict,"  this  latter 
being  in  substance  §  587  of  the  Practice  Act,  which  read,  "§  587. 
The  provisions  of  section  three  hundred  and  ninety-nine,  in  respect 
to  the  charge  of  the  court  to  the  jurj'  upon  the  trial  of  an  indict- 
ment, shall  applv  to  the  question  of  insanity."  See  ante,  Legisla- 
tion §1127,  for  §'.399. 

§  1370.  Verdict  of  the  jury  as  to  sanity,  and  proceedings 
thereon.  If  the  jury  finds  the  defendant  sane,  the  trial  must 
proceed,  or  judgment  be  pronounced,  as  the  ease  may  be.  If 
the  jury  finds  the  defendant  insane,  the  trial  or  judgment 
must  be  suspended  until  he  becomes  sane,  and  the  court 
must  order  that  he  be  in  the  mean  time  committed  by  the 
sheriff  to  a  state  hospital  for  the  care  and  treatment  of  the 
insane,  and  that  upon  his  becoming  sane  he  be  redelivered 
to  the  sheriff.  [Amendment  approved  1905;  Stats.  1905, 
p.  704.] 

Insane  defendant,  redelivery  to  sheriff  on  discharge  from  asylum: 
See  Pol.  Code,  §2189. 

Legislation  §  1370.  1.  Enacted  February  14,  1872  (X.  Y.  Code 
Crim.  Proc,  §659);  based  ou  Crim.  Prac.  Act,  Stats.  1851,  p.  278, 
§§  588,  589,  the  latter  section  having  "custody  of  some  proper  per- 
son" instead  of  "state  lunatic  asylum,"  the  words  of  the  original 
code  section.  When  enacted  in  1872,  §  1370  read:  "1370.  If  the 
jury  find  the  defendant  sane,  the  trial  of  the  indictment  must  pro- 
ceed, or  judgment  may  be  pronounced,  as  the  case  may  be.  If  the 
jury  find  the  defendant  insane,  the  trial  or  judgment  must  be  sus- 
pended until  he  becomes  sane,  and  the  court,  if  he  deems  his 
discharge  dangerous  to  the  public  peace  or  safety,  may  order  that 
he  be  in  the  mean  time  committed  by  the  sheriff  to  the  state  luna- 
tic asylum,  and  that  upon  his  becoming  sane  he  be  redelivered  to 
the  sheriff." 


§  1373  PENAL   CODE.  G28 

13.  .\nirii.lc,|  h.N  (  (Mlf  -Xiii.lt.^.  1873-74,  ji.  \.y.;,  .•lian^'iii;,'  tlu'  Intt.'f 
jiart  dl'  tlic  .scrtiim  lo  icail,  "and  tin-  (-(nirt  iiiii.st  (jrdiT  that  lie  be  in 
the  moan  tiiiu'  coniniiltcd  In-  llic  slu'riir  to  tlic  ^;tat<•  iii.sanc  asylum, 
and  tliat  upon  his  lioconiinf;  sano  lie  he  redelivered  to  the  .sheriH"." 

3.  Amended  by  Code  Anidt.s.  1880,  ]>.  L'9,  changing  the  lirst  sen- 
tence to  read,  "Jf  tlio  jury  find  the  defendant  sane,  tlie  trial  must 
proceed,  or  judgment  be  iironounced,  as  the  case  may  be." 

4.  Amendment  by  Stats.  1901,  p.  49o;  unconstitutional.  Sec  note, 
§  5,  ante. 

5.  Amended  by  Stat;..  1905,  j..  70  1. 

§  1371.  If  defendant  is  committed,  it  exonerates  his  bail, 
etc.  Tlie  coinmitmeiit  of  the  defendant,  as  mentioned  in  the 
last  section,  exonerates  his  bail,  or  entitles  a  person,  author- 
ized to  receive  the  property  of  the  defendant,  to  a  return 
of  any  money  he  may  have  deposited  instead  of  bail. 

Exoneration    of   bail    on    commitment    of   defendant:    See    ante, 

§  11G6. 

Legislation  §  1371.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  t5l)0);  in  substance  the  same  as  Crim.  Prae.  Act,  Stats.  1851, 
p.  278, §  590. 

§  1372.  Defendant  detained  in  hospital  until  he  becomes 
sane.  If  the  defendant  is  received  into  the  state  hospital 
he  must  be  detained  there  until  he  becomes  sane.  When  he 
becomes  sane,  the  superintendent  must  certify  that  fact 
to  the  sheriff  and  district  attorney  of  the  county.  The 
sheriff  must  thereupon,  without  delay,  bring  the  defendant 
from  the  state  hospital,  and  place  him  in  proper  custody 
until  he  is  brought  to  trial  or  judgment,  as  the  case  may  be, 
or  is  legally  discharged.  [Amendment  approved  1905; 
Stats.  190^5,  p.  704.] 

Proceedings   where   person   sent   to   hospital   becomes   sane:    See 

ante,  §  1201. 

Legislation  §  1372.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  661) ;  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  278, 
§591,  which  read:  "§591.  If  the  defendant  be  received  by  the  per- 
son so  appointed,  he  must  be  detained  by  him  until  he  becomes  sane. 
When  he  becomes  sane  such  person  shall  give  notice  to  the  sheriff 
and  district  attornej^  of  the  county  of  that  fact.  The  sheriff  shall 
thereupon,  without  delay,  take  the  defendant  from  the  custody  of 
such  person  and  place  him  in  proper  custody  until  he  be  brought  to 
trial  or  judgment  as  the  case  may  be,  or  be  otherwise  legally  dis- 
charged." 

2.  Amendment  by  Stats.  1901,  p.  497;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  704,  (1)  in  first  sentence,  changing 
"asylum"  to  "state  hospital";  (2)  in  second  sentence,  changing  "give 
notice  of"  to  "certify";  (3)  in  final  sentence,  changing  "asylum"  to 
"state  hospital." 

§  1373.  Expenses  of  sending,  etc.,  defendant  to  hospital, 
a  charge  against  county.     Tlie  expenses  of  sending  the  de- 


629  COMPROxMlSlNG  OFFENSES  BY  LEAVE  OF  COURT.         §  1378 

fendant  to  the  state  hospital,  of  keeping  him  there,  and  of 
bringing  him  back,  are  in  the  first  instance  chargeable  to  the 
county  in  which  the  indictment  was  found,  or  information 
filed;  but  the  county  may  recover  them  from  the  estate  of 
the  defendant,  if  he  has  any,  or  from  a  relative,  town,  city, 
or  county  bound  to  provide  for  and  maintain  him.  [Amend- 
ment approved  191)5;  Stats.  1905,  p.  704.] 

Legislation  §  1373.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §U62);  based  on  Crini.  Prac.  Act,  Stats.  1851,  p.  278, 
§  592,  which  read:  "§  592.  The  expenses  of  placing  the  defendant  in 
the  custodj'  of  such  proper  person,  of  keeping  him  and  bringing  him 
back,  shall  in  the  first  instance  be  chargeable  to  the  county  in  which 
the  indictment  was  found;  but  the  county  may  recover  them  from 
the  estate  of  the  defendant,  if  he  have  any,  or  from  any  relative, 
town,  city,  or  county,  bound  to  provide  for  and  maintain  him  else- 
where." When  enacted  in  1872,  §  1373  differed  from  the  amendment 
of  19U5,  (1)  having  "asylum"  instead  of  "state  hospital";  (2)  not 
having  "or  information  tiled"  after  "was  found";  (3)  having  "else- 
where" at  end  of  section. 

2.  Amended  by  Code  Amdts.  1880,  p.  29,  differing  from  the  amend- 
ment of  1905,  having  (1)  "asylum"  instead  of  "state  hospital,"  and 
(2)    "elsewhere,"  after  "maintain  him,"  at  end  of  section. 

3,  Amendment  by  Stats.  1901,  p.  497;  unconstitutional.  See  note, 
§  5,  ante. 

i.  Amended  by  Stats.  1905,  p.  7U4. 

CHAPTER  Vll. 
Comproraisuig  Certain  Public  Offenses  by  Leave  of  the  Court. 

§  1377.  Certain  offenses  for  which  the  party  injured  has  a  civil  action 
may  be  compromised. 

§  1378.  Compromise  to  be  by  permission  of  the  court.  Order  thereon 
to  bar  another  prosecution. 

§  1379.  No  public  offense  to  be  compromised  except  as  herein  pro- 
vided. 

§  1377.  Certain  offenses  for  which  the  party  injured  has 
a  civil  action  may  be  compromised.  When  a  defendant  is 
held  to  answ^er  on  a  charge  of  misdemeanor,  for  which  the 
person  injured  by  the  act  constituting  the  offense  has  a  rem- 
edy by  a  civil  action,  the  offense  may  be  compromised  as 
provided  in  the  next  section,  except  when  it  is  committed : 

1.  By  or  upon  an  officer  of  justice,  while  in  the  execution 
of  the  duties  of  his  office  ; 

2.  Riotously ; 

3.  With  an  intent  to  commit  a  felony. 

Legislation  §  1377.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  (i(J3);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  288,  §  (57  5. 

§  1378,  Compromise  to  be  by  permission  of  the  court. 
Order  thereon  to  bar  another  prosecution.     If  the  party  iii- 


§  1382  PENAL   CODE.  630 

jured  appears  hel'orc  the  court  to  wliicli  tlie  (l('i)()sitioMS  are 
re(piiri'(l  to  be  roturned,  at  any  lime  berore  trial,  and  ac- 
knowledges that  he  has  received  satisfaction  for  the  injury, 
the  court  ma}'-,  in  its  discretion,  on  payment  of  tlie  costs 
incurred,  order  all  proceedinjis  to  be  stayed  upon  the  prose- 
cution, and  the  defendant  to  be  discharged  therefrom;  but 
in  such  case  the  reasons  for  the  order  must  be  set  forth 
therein,  and  entered  on  the  minutes.  The  order  is  a  bar 
to  anothei-  i>i'oseeution  foi-  the  same  otl'ense. 

Restoration  of  property  embezzled,  ground  for  mitigation  of  pun- 
ishment: Ante,  §513. 

Legislation  §  1378.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §§  ()64,  G(i5) ;  in  substance  tlie  same  as  Crim.  l^rac.  Act,  Stats. 
18."51,  p.  2SS,  §§  67G,  G77. 

§  1379.  No  public  offense  to  be  compromised  except  as 
herein  provided.  No  public  otTense  can  be  compromised,  nor 
can  any  proceeding  or  prosecution  for  the  punishment 
thereof  upon  a  compromise  be  stayed,  except  as  provided  in 
this  chapter. 

Legislation  §  1S79.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  6(36);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  288,  §  678. 

CHAPTER  VIII. 

Dismissal  of  the  Action,   Before  or  After  Indictment,  for  Want  of 
Prosecution  or  Otherwise. 

§  1382.     When  action  may  be  dismissed. 

§  1383.  Court  may  order  action  to  be  continued  and  discharge  defend- 
ant from  custody,  when  and  how. 

§  1384.     If  action  dismissed,  defendant  to  be  discharged,  etc. 

§  1385.  Court  may,  of  own  motion  or  on  application  of  district  attor- 
ney, order  action  dismissed. 

§  1386.     Nolle  prosequi  abolished. 

§  1387.  Dismissal  of  actions,  order  for  a  bar  in  misdemeanor  but  not 
in  felony. 

§  1388.  Judgment  suspended  in  the  ease  of  a  minor,  when.  Period 
of  suspension. 

§  1389.  Prohibiting  visits  of  minors  in  employ  of  corporations  or 
persons  to  houses  of  questionable  repute.     [Eepealed.] 

§  1382.  When  action  may  be  dismissed.  The  court, 
unless  good  cause  to  the  contrary  is  shown,  must  order  the 
prosecution  to  be  dismissed  in  the  following  cases : 

1.  When  a  person  has  been  held  to  answer  for  a  public 
offense,  if  an  indictment  is  not  found  or  an  information  filed 
against  him,  within  thirty  days  thereafter. 

2.  If  a  defendant,  whose  trial  has  not  been  postponed 
upon  his  application,  is  not  brought  to  trial  within  sixty 
days  aftei'  the  findinu'  of  the  indictment,  or  filing  of  the  in- 


631  DISMISSAL  OF  THE  ACTION.  §  1384: 

formation.      [Ainciidment     approved    1880 ;     Code    Amdts. 
1880,  p.  29.] 

Dismissal  before  indictment:  See  ante,  §  941. 

Time  to  file  information:   See  ante,  §  S09. 

Speedy  trial,  right  of  defendant  to:   See  ante,  §  686. 

Legislation  §  1382.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  667) ;  based  on  Crim.  Prae.  Act,  Stats.  1851,  p.  278, 
§§  593,  594,  wliich  read:  "§  593.  When  a  person  has  been  held  to  an- 
swer for  a  public  offense,  if  an  indictment  be  not  found  against  him 
at  the  next  term  of  the  court  at  which  he  is  held  to  answer,  the 
court  shall  order  the  prosecution  to  be  dismissed,  unless  good  cause 
to  the  contrary  be  shown.  §  594.  If  a  defendant,  indicted  for  a 
public  offense,  whose  trial  has  not  been  postponed  upon  his  applica- 
tion, be  not  brought  to  trial  at  the  next  term  of  the  court  at  which 
the  indictment  is  triable,  after  the  same  is  found,  the  court  shall 
order  the  indictment  to  be  dismissed,  unless  good  cause  to  the  con- 
trary be  shown."  When  enacted  in  1872,  §  1382  read:  "1382.  The 
court,  unless  good  cause  to  the  contrary  is  shown,  must  order  the 
prosecution  or  indictment  to  be  dismissed,  in  the  following  cases: 
1.  When  a  person  has  been  held  to  answer  for  a  public  otfense,  if 
an  indictment  is  not  found  against  him  at  the  next  term  of  the 
court  at  which  he  is  held  to  answer;  2.  If  a  defendant,  whose  trial 
has  not  been  postponed  upon  his  application,  is  not  brought  to  trial 
at  the  next  term  of  the  court  in  which  the  indictment  is  triable, 
after  it  is  found." 

2.   Amended  by  Code  Amdts.  1880,  p.  29. 

§  1383.  Court  may  order  action  to  be  continued  and  dis- 
charge defendant  from  custody,  when  and  how.  If  tlie  de- 
fendant is  not  charged  or  tried,  as  provided  in  the  last 
section,  and  sufficient  reason  therefor  is  shown,  the  court 
may  order  the  action  to  be  continued  from  time  to  time, 
and  in  the  meantime  may  discharge  the  defendant  from  cus- 
tody on  his  own  undertaking  of  bail  for  his  appearance  to 
answer  the  charge  at  the  time  to  which  the  action  is  con- 
tinued. [Amendment  approved  1880 ;  Code  Amdts.  1880, 
p.  29.] 

Legislation  §  1383.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  669);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  279,  §  595. 

2.  Amended  by  Code  Amdts.  1880,  p.  29,  changing  (1)  "indicted 
or  tried"  to  "charged  or  tried,"  and  (2)  "term  to  term"  to  "time  to 
time." 

§  1384.  If  action  dismissed,  defendant  to  be  discharged, 
etc.  If  the  court  directs  tlie  action  to  be  dismissed,  the  de- 
fendant must,  if  in  custody,  be  discharged  therefrom ;  or  if 
admitted  to  bail,  his  bail  is  exonerated,  or  money  deposited 
instead  of  I  ail  must  be  refunded  to  him. 

Legislation  §  1384.     Enacted  February  14,  1872  (X.  Y.  Code  Crim. 

Proc,  §  670^ ;  in  substance  the  s^.me  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  279,  §  596. 


§  1388  I'KNAL   CODE.  632 

§  1385.  Court  may,  of  own  motion  or  on  application  of 
district  attorney,  order  action  dismissed.  Tlic  court  may, 
cither  of  its  own  motion  or  upon  the  n|j|)licatioii  of  the  dis- 
trict attorney,  and  in  furtherance  of  justice,  order  an  action 
or  indictment  to  be  dismissed.  The  reasons  of  the  dismissal 
must  be  set  forth  in  an  order  entered  upon  the  minutes. 

Legislation  §  1385.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

I*ro<\,  §  (>71);  ill  substance  the  same  as  Criin.  Prac.  Act,  Stats.  l8ol, 

p.  279,  S  r>U7. 

§  1386.  Nolle  prosequi  abolished.  Tlie  entry  of  a  nolle 
prosequi  is  abolished,  and  neither  the  attorney-general  nor 
the  district  attorney  can  discontinue  or  abandon  a  prosecu- 
tion for  a  public  offense,  except  as  provided  in  the  last  sec- 
tion. 

Legislation  §  1386.  Enacted  February  II,  1872  (N.  Y.  Code  Crim. 
Proc,  §672);  based  on  Crim.  Prac.  Act,  Stats.  18.31,  p.  279,  §  598, 
which  read:  "§  598.  Neither  the  attorney-general  or  the  district  at- 
torney shall  hereafter  discontinue  or  abandon  a  prosecution  for  a 
public  offense,  except  as  provided  in  the  last  section." 

§  1387.     Dismissal  of  actions,  order  for  a  bar  in  misde- 
meanor but  not  in  felony.     An  order  for  the  dismissal  of  the 
action,  as  provided  in  this  chapter,  is  a  l^ar  to  any  other 
prosecution  for  the  same  offense,  if    it  is  a  misdemeanor, 
unless   such    order  is   explicitly   made   for   the   purpose   of 
amending-  the  complaint  in  such  action,  in  which  instance 
such  order  for  dismissal  of  the  action  shall  not  act  as  a  bar 
to  a  prosecution  upon  such  amended  complaint ;  but  an  order 
for  the  dismissal  of  the  action  is  not  a  bar  if  the  offense  is 
a  felony.      [Amendment  approved  1905;  Stats.  1905,  p.  724.] 
Legislation  §  1387.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.  Proc,  §  (57.3);  in  .substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,   p.   279,  §  599.     When   enacted  in   1872,  §  1387   read:   "1387.  An 
order  for  the  dismissal  of  the  action,  as  provided  in  this  chapter,  is 
a  bar  to  any  other  prosecution  for  the  same  offense,  if  it  is  a  misde- 
meanor; but  it  is  not  a  bar  if  the  offense  is  a  felony." 

2.  Amended  by  Stats.  1905,  p.  724;  the  code  commissioner  saying, 
"Inserts  in  the  section  relating  to  an  order  for  dismissal  being  a 
bar  in  cases  of  misdemeanor,  a  provision  that  where  the  order  ex- 
plicitly is  made  for  the  purpose  of  allowing  an  amended  complaint 
to  be  filed,  the  order  for  dismissal  shall  not  constitute  a  bar.  This 
revision  corrects  a  manifest  abuse." 

"§1388.  Judgment  suspended  in  the  case  of  a  minor,  when. 
Period  of  suspension.  Final  .indumeut  may  be  suspended  on 
any  conviction,  charge,  or  prosecution  of  a  minor,  for  mis- 
demeanor or  felony,  where  in  the  judgment  of  the  court  in 
which  such  proceeding  is  pending  there  is  reasonable  ground 
to  believe  that  such  minor  may  be  reformed,  and  that  a  com 
mitment  to  prison  would  woi-lc  manifest  injury  in  the  i)rein 


633  SUSPENSION  OF  JUDGMENT  IN  CASE  OF  MINOR.  §  1388 

ises.  Such  suspension  may  be  for  as  lon<;-  a  period  as  the 
circumstances  of  the  case  may  seem  to  Avarrant,  and  subject 
to  the  following  further  provisions:  During  the  period  of 
such  suspension,  or  of  au}^  extension  thereof,  the  court  or 
judge  may,  under  sucli  limitations  as  may  seem  advisable, 
commit  such  minor  to  the  custody  of  the  officers  or  managers 
of  any  strictly  non-sectarian  charitable  corporation  con- 
ducted for  the  purpose  of  reclaiming  criminal  minors.  Such 
corporation,  by  its  officers  or  managers,  may  accept  the  cus- 
tody of  such  minor  for  a  period  of  two  mouths  (to  be  further 
extended  by  the  court  or  judge  should  it  be  deemed  advis- 
able), and  should  said  minor  be  found  incorrigible  and 
incapable  of  reformation,  he  may  be  returned  before  the 
court  for  final  judgment  for  his  offense.  Such  charitable 
corporation  must  accept  the  custody  of  said  minor  as  afore- 
said, upon  the  distinct  agreement  that  it  and  its  officers  will 
use  all  reasonable  means  to  effect  the  reformation  of  such 
minor,  and  provide  him  with  a  home  and  instruction.  No 
application  for  guardianship  of  such  minor  by  any  person, 
parent,  or  friend  can  be  entertained  by  any  court  during 
the  period  of  such  suspension  and  custody,  save  upon 
recommendation  of  the  court  before  which  the  criminal  pro- 
ceedings are  pending.  Such  court  may  further,  in  its 
discretion,  direct  the  payment  of  the  expenses  of  the  main- 
tenance of  such  minor  during  such  period  of  two  months, 
not  to  exceed,  in  the  aggregate,  the  sum  of  twenty-five  dol- 
lars, which  sum  includes  board,  clothing,  transportation,  and 
all  other  expenses,  to  lie  paid  by  the  county  where  such 
criminal  proceeding  is  pending,  or  direct  action  to  be  insti- 
tuted for  the  recovery  thereof  out  of  the  estate  of  such 
minor,  or  from  his  parents.  Such  court  may  also  revoke 
such  order  of  suspension  at  any  time.  [Amendment  ap- 
proved 1905;  Stats.  1905,  p.  704.] 

Probationary  treatment:  See  ante,  §§  1203,  1215. 

Legislation  §  1388.     1.  Added  by  Stats.  1883,  p.  377. 

2.  Amendment  by  Stats.  1801,  p.  497;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  704,  in  first  sentence,  (a)  adding 
"of  a  minor"  after  "or  prosecution,"  and  (b)  omitting  "a"  before 
"reasonable  ground";  (2)  in  sentence  beginning  "Such  corporation," 
changing  "misdemeanor"  to  "offense,"  at  end  of  sentence;  (3)  in 
sentence  beginning  "Such  charitable,"  changing  (a)  "shall  accept 
custody"  to  "must  accept  the  custody,"  and  (b)  "officers  shall  use" 
to  "officers  will  use";  (4)  in  sentence  beginning  "No  application," 
(a)  changing  "or  friend  shall"  to  "or  friend  can,"  and  (b)  omitting 
"first  obtained"  from  end  of  sentence;  (5)  in  sentence  beginning 
"Such  court  may,"  changing  (a)  "the  sum  of  $25  (twenty-five  dol- 
lars), which  sum  shall  include,"  to  "the  sum  of  twenty-five  dollars, 
which  sum  includes,"  and  (b)  "said  minor"  to  "such  minor." 


§  1;}91  PENAL  CODE.  634 

§  1389.     Prohibiting  visits  of  minors  in  employ  of  corpo- 
rations or  persons  to  houses  of  questionable  repute.     [Re- 

pi'iilca  1!)(),"):  Stats,  l!,)!).'),  ]>.  Tiil.J 

Legislation  §  1389.     1.   Addod  by  Stats.  1887,  p.  IID. 

2.  Kojieal  by  .Stats.  1901,  p.  49S;   iiiiconstitutioiial.     Sco   note,  §  5,, 
an  to. 

3.  Repealed  by  Stats.  1905,  p.  7<)1;  the  code  commissioner  .saying, 
"The  matter  in  §  1.TS9,  Avhicli  has  incorrectly  stood  in  a  chapter  en- 
titled 'Dismissal  of  the  Action,'  is  pnt  into  a  new  section  designated 
as  273e,  and  is  put  in  its  proper  chapter,  with  the  other  sections 
relative  to  children,  and  §  l.'^89  accordingly  repealed." 


CHAPTER  TX. 
Proceedings  Against  Corporations. 

§  1390.  Summons  upon  information,  etc.,  against;  by  whom  issued 
and  when   returnable. 

§  1.^91.     Form  of  summons. 

§  1392.     When  and  how  served. 

§  1393.     Examination  of  the  charge. 

§  1394.  Certificate  of  the  magistrate,  and  return  thereof  with  the 
depositions. 

§  1395.  Grand  jury  to  investigate  if  magistrate  certifies  there  is  suf- 
ficient cause. 

§  1396.     Appearance  and  plea. 

§  1397.     Fine  on  conviction,  how  collected. 

§1390.  Summons  upon  information,  etc.,  against;  by 
whom  issued  and  when  returnable.  Upon  an  infoi-mation 
or  presentment  against  a  corporation,  the  magistrate  must 
issue  a  summons,  signed  by  him,  with  his  name  of  office,  re- 
quiring the  corporation  to  appear  before  him.  at  a  specified 
time  and  place,  to  an.swer  the  charse.  the  time  to  be  not  less 
than  ten  days  after  the  issuing  of  the  summons. 

Legislation  §  1390.     1.  Enacted  February  14,  1872.     (N.  Y.  Code 

Crim.  Proc,  §  675.) 

2.  Amendment  by  Stats.  1901,  p.  49S;  unconstitutional.     See  note, 

§  5,  ante. 

§  1391.  Form  of  summons.  The  summons  must  be  sub- 
stantially in  the  folloAving  form : 

County  of  (as  the  case  may  be). 
The  People  of  the  State  of  California  to  the  (namiiig  the  cor- 
poration) : 

You  are  hereby  summoned  to  appear  before  me  at  (nam- 
ing tbe  place),  on  (specifying  the  day  and  hour),  to  answer 
a  charge  made  against  you  upon  the  information  of  A.  B. 
(or  the  presentment  of  the  grand  .jurv  of  the  comity,  as  the 
case  may  be),  for  (designating  the  offense  generally). 


G35         PROCEEDINGS  AGAINST  COUPORATIONS.        §  1396 

Dated  at  the  city  (or  township)  of ,  this day  of 

,  eighteen  [nineteen] 


G.  H.,  Justice  of  the  Peace  (or  as  the  case  may  be.) 
Summons,  issuance  and  form  of:    See  post,  §  1-127. 
Legislation  §1391.     1.  Eiiaote.l   February   14,  1872.      (N.  Y.   Code 

Crim.  Proc,  §  676.) 

2.  Amendment  by  Stats.  1901,  p.  498;  unconstitutional.     See  note, 

§  0,  ante. 

§  1392.     When  and  how  served.     The  summons  must  be 
served  at  least  five  days  before  the  day  of  appearance  fixed 
therein,  by  delivering  a  copy  thereof  and  showing  the  origi- 
nal to  the  president  or  other  head  of  the  corporation,  or  to 
the  secretary,  cashier,  or  managing  agent  thereof. 
Time  and  manner  of  service  of  summons:  See  post,  §  1427. 
Legislation  §  1392.     Enaeted    February    M,    1872.      (N.    Y.    Code 
Crim.  Proc,  §  677.) 

§  1393.     Examination  of  the  charge.     .Vt    the    appointed 
time  in  the  summons,  the  magistrate  must  proceed  to  inves- 
tigate the  charge  in  the  same  manner  as  in  the  case  of  a 
natural  person,  so  far  as  these  proceedings  are  applicable. 
Legislation  §  1393.     Enacted    February     14,    1872.      (N.    Y.    Code 

Crim.  Proc,  §  67S.) 

§  1394.  Certificate  of  the  magistrate,  and  return  thereof 
with  the  depositions.  After  hearing  the  proofs,  the  magis- 
trate must  certify  upon  the  depositions,  either  that  there 
is  or  is  not  sufficient  cause  to  believe  the  corporation  guilty 
of  the  offense  charged,  and  must  return  the  deposition  and 
certificate,  as  prescribed  in  section  eight  hundred  and 
eighty-three. 

Legislation  §  1394.     Enacted    February    11,    1872.      (N.    Y.    Code 

Crim.  Proc,  §  679.) 

§  1395.  Grand  jury  to  investigate  if  magistrate  certifies 
there  is  sufficient  cause.  If  the  magistrate  returns  a  cer- 
tificate that  there  is  sufficient  cause  to  believe  the  corpora- 
tion guilty  of  the  offense  charged,  the  grand  jury  may 
proceed,  or  the  district  attorney  file  an  information  thereon, 
as  in  case  of  a  natural  person  held  to  answer.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  29.] 

Legislation  §  1395.     1.  Enacted  February   14,   1872.     (N.  Y.   Code 

Crim.   Proc,  §  6S0.) 
2.  Amended  by  Code  Amdts.  1880,  p.  29,  inserting  "or  the  district 

attorney  file  an  information,"  after  "the  grand  jury  may  proceed." 

§  1396.  Appearance  and  plea.  If  an  indictment  is  found, 
or  information  filed,  the  corporation  may  appear  by  coun- 
sel to  answer  the  same.     If  it  does  not  thus  appear,  a  plea 


§  1404  PENAL  CODE.  63G 

ol'  not  uuilt y  must  lie  entered,  antl  the  same  proccediniijs  had 
tlieroon  as  in  ollu-r  cases.  |  Amendment  a|)|»i'()ve(l  IS.SO; 
Code  Anidts.  1880,  p.  29.] 

Plea  by  corporation:  Soo  anic,  §  lolS. 

rroceedings  if  corporation  does  not  appear:  See  post,  §  1427. 

Legislation  §  1396.  1.  Kimctcd  iM'l.iiiiiry  II,  1872.  (N.  Y.  Code 
C.'rim.   I'rof.,  §  (JSl.) 

2.  Amended  by  C'od(!  'Anidts.  1880,  p.  20,  iiis(MtinL;  "or  iiiforniatioii 
filed"  after  "If  an  indictnioiit  is  found." 

§  1397.  Fine  on  conviction,  how  collected.  When  a  fine 
is  imposed  npon  a  corporation  on  conviction,  it  may  be  col- 
lected by  virtue  of  the  order  imposing  it,  by  the  sheriff  of 
the  county,  out  of  its  real  and  personal  property,  in  the 
same  nuinner  as  upon  an  execution  in  a  civil  action. 

Legislation  §  1397.     Enacted    February     14,    1S72.     (N.    Y.    Code 

Grim.  Proc,  §  682.) 

CHAPTER  X. 
Entitling  Aiiidavits. 

§  1401.     Affidavits   defectively  entitled,  valid. 

§  1401.     Affidavits   defectively  entitled,   valid.     It  is  not 

necessary  to  entitle  an  affidavit  or  dei>osition  in  the  action, 
whether  taken  before  or  after  indictment  or  information,  or 
upon  an  appeal ;  but  if  made  without  a  title,  or  with  an 
erroneous  title,  it  is  as  valid  and  effectual  for  every  pur- 
pose as  if  it  were  duly  entitled,  if  it  intelligibly  refer  to  the 
proceeding,  indictment,  information,  or  appeal  in  which  it 
is  made.  [Amendment  approved  1880;  Code  Amdts.  1880, 
p.  30.] 

Erroneous  title  or  want  of  title,  effect  of:  See  post,  §§  1460,  1563. 
Legislation  §  1401.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.  Proc,  §  683);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats. 
1851,  p.  279,  §  600. 

2.  Amended  by  Code  Amdts.  1880,  p.  30,  (1)  inserting  "or  infor- 
mation" after  "indictment"  in  first  instance,  and  (2)  "information" 
after  "indictment"  in  second  instance. 

CHAPTER  XI. 
Errors  and  Mistakes  in  Pleadings  and  Other  Proceedings. 

§  1404.     When   not   material. 

§  1404.  When  not  material.  Neither  a  departure  from 
the  form  or  mode  prescribed  by  this  code  in  respect  to  any 
pleading  or  proceeding,  nor  an  error  or  mistake  therein, 
renders  it  invalid,  unless  it  has  actually  prejudiced  the  de- 


G37  DISPOSAL  OF  PKOl'ERTY  STOLEN  OR  EMBEZZLED.  §  1409 

fendant.  or  tended  to  his  prejudice,  in  respect  to  a  substan- 
tial right. 

Errors  not  affecting  substantial  rights:   See  ante,  §§  960,  1258. 
Legislation  §  1404.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.  Pioe.,  §  684) ;  in  substance  the  same  as  Grim.  Prac.  Act,  Stats. 
1851,  p.  279,  §  601. 

CPIAPTER  XII. 
Disposal  of  Property  Stolen  or  Emhezzled. 

§  1407.  When  it  comes  into  the  custody  of  the  peace-officer,  he  must 
hold  it  subject  to  the  order  of  magistrate. 

§  1408.     Order  for  its  delivery  to  owner. 

§  1409.  When  it  comes  into  the  custody  of  the  magistrate,  he  must 
deliver  it  to  owner. 

§  1410.     Court  in  which  trial  is  had  may  order  its  delivery. 

§  1411.  If  not  claimed  in  six  months  to  be  delivered  to  county  treas- 
urer. 

§  1412.  Eeceipt  by  officers  for  monej',  etc.,  taken  from  a  person  ar- 
rested for  a  public  offense. 

§  1413.  Duties  of  persons  having  charge  of  police-offices  in  incorpo- 
rated cities  or  towns. 

§  1407.  When  it  comes  into  the  custody  of  the  peace- 
officer,  he  must  hold  it  subject  to  the  order  of  magistrate. 
When  property,  alleged  to  have  been  stolen  or  endjezzled, 
comes  into  the  custody  of  a  peace-officer^  he  must  hold  it 
subject  to  the  order  of  the  magistrate  authorized  hy  the 
next  section  to  direct  the  disposal  thereof. 

Legislation  1?  1407.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  6S5) ;  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851. 

p.  279,  §  602. 

§  1408.  Order  for  its  delivery  to  owner.  On  satisfactory 
proof  of  the  ownership  of  the  property  the  magistrate  be- 
fore whom  the  information  is  laid,  or  who  examines  the 
charge  against  tlie  person  accused  of  stealing  or  embezzling 
it,  must  order  it  to  be  delivered  to  the  owner,  on  his  paying 
the  necessary  expenses  incurred  in  its  preservation,  to  be 
certified  by  the  masistrate.  The  order  entitles  the  owner 
to  demand  and  receive  the  property. 

Stolen  or  embezzled  property,  how  disposed  of:  See  post,  §  1536. 
Legislation  §  1408.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc.  §  686");  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  279, §  603. 

§  1409.  When  it  comes  into  the  custody  of  the  magis- 
trate, he  must  deliver  it  to  owner.  If  property  stolen  or 
embezzled  comes  into  custody  of  the  magistrate,  it  must  be 
delivered  to  the  owner  on  satisfactory  proof  of  his  title,  and 
on  his  paying  the  necessary  expenses  incurred  in  its  preser- 
vation, to  be  certified  by  the  magistrate. 


§  1412  PENAL   CODE.  638 

Legislation  §  1409.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc.  §  ()S7)  ;  in  sulistiiiuc  tlic  saiiic  :i.s  Crim.  Pr:ii'.  Act,  Stats.   IS.jl, 
p.  286,  §  GOl. 

§  1410.  Court  in  which  trial  is  had  may  order  its  deliv- 
ery, li"  tlie  proi)ei'ty  stolen  or  cnibez/.lcd  has  not  been  de- 
livered to  the  owner,  the  court  before  Avhieh  a  trial  is  had 
for  stealing'  or  einl)ezzlin<i'  it  may,  on  proof  of  liis  title,  order 
it  to  be  restored  to  the  owner. 

Legislation  §  1410.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  (isS);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  280,  §  (iOo. 

§  1411.  If  not  claimed  in  six  months  to  be  delivered  to 
county  treasurer.  If  tbe  [)ro])('ity  stolen  or  ciiibez/lcd  is 
not  claimed  by  the  owner  before  the  expii-ation  of  six 
months  from  the  conviction  of  a  person  for  stealing  or  em- 
bezzling:  it.  the  magistrate  or  other  officer  having  it  in  cus- 
tody must,  on  the  payment  of  the  necessary  expenses 
incurred  in  its  preservation,  deliver  it  to  the  county  treas- 
urer, by  whom  it  must  be  sold  and  the  proceeds  paid  into 
the  couiity  treasury. 

Legislation  §  1411.     Enacted  February  14,  1872  (X.  Y.  Code  Crim. 

Proc,  §689);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  2S0,  §  60fi. 

§  1412.  Receipt  by  officers  for  money,  etc.,  taken  from  a 
person  arrested  for  a  public  offense.  When  money  or  other 
property  is  taken  from  a  defendant,  arrested  upon  a  charge 
of  a  public  offense,  the  officer  taking  it  must  at  the  time  give 
duplicate  receipts  therefor,  specifying  particularly  the 
amount  of  monej^  or  the  kind  of  property  taken;  one  of 
which  receipts  he  must  deliver  to  the  defendant  and  the 
other  of  which  he  must  forthwith  file  with  the  clerk  of  the 
court  to  which  the  depositions  and  statement  are  to  be  sent. 
When  such  property  is  taken  by  a  police-officer  of  any  in- 
corporated city  or  town,  he  must  deliver  one  of  the  receipts 
to  the  defendant,  and  one,  with  the  property,  at  once  to  the 
clerk  or  other  person  in  charge  of  the  police-office  in  such 
city  or  town. 

Legislation  §  1412.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §690);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  280,  which 
read:  "§  607.  When  money  or  such  other  property  is  taken  from  a 
defendant  arrested  upon  a  charge  of  a  public  offense,  the  officer 
taking  it  shall  at  the  time  give  public  receipts  therefor,  specifying 
Ijarticularly  the  amount  of  money  and  the  kind  of  property  taken; 
one  of  which  receipts  he  shall  deliver  to  the  defendant,  and  the 
other  of  which  he  shall  forthwith  file  with  the  clerk  of  the  court,  to 
which  the  depositions  and  statement  must  be  sent,  as  provided  by 
section   one  hundred  and  seventy-six." 


639  REPRIEVES,  COMMUTATIONS,  AND  PARDONS.  §  1418 

§  1413.  Duties  of  persons  having-  charge  of  police-offices 
in  incorporated  cities  or  towns.  The  clerk  in,  or  person  hav- 
ing charge  of,  the  police-office  in  any  incorporated  city  or 
town,  must  enter  in  a  suitable  book  a  description  of  every 
article  of  property  alleged  to  be  stolen  or  embezzled,  and 
brought  into  the  office  or  taken  from  the  person  of  a  pris- 
oner, and  must  attach  a  number  to  each  article,  and  make 
a  corresponding  entry  thereof. 

Record  of  property  stolen  or  embezzled:  See  post,  §  1536. 
Legislation  §  lil 3.     Enacted    Februarv    14,    1872.     (N.    Y.    Code 
-    Crim.  Proc,  §  691.) 

CHAPTER  XIII. 

Reprieves,  Commutations,  and  Pardons. 

§  1417.  Power  of  the  governor  to  grant  reprieves,  commutations,  and 
pardons. 

§1418.     Oovernor's   power  in  respect  to  convictions  for  treason. 

§  1419.  Governor  to  communicate  to  legislature  reprieves,  commuta- 
tions, and  pardons. 

§  1420.     Eeport  of  case,  how  and  from  whom  required. 

§  1421.     Notice  to  district  attorney  of  application  for  pardon. 

§  1422.     Publication  of  notice. 

§  1423.     When  two  preceding  sections  are  not  applicable. 

Code  commissioners'  note  to  Chapter  XIII.  "This  chapter  is 
founded  upon  an  act  prescribino-  tho  niniiner  of  applying  for  par- 
dons. (Stats.  lSo3,  p.  270.)  The  provisions  of  an  act  to  confer 
further  powers  upon  tiie  governor  of  this  state,  in  relation  to  the 
pardon  of  criminals  (Stats.  1S63-64.  p.  3.")6),  and  of  the  act  amenda- 
tory thereof  "(Stats.  1S67-6S,  p.  Ill),  and  of  an  act  authorizing  the 
board  of  state  prison  directors  to  recommend  the  pardoning  of  con- 
victs, etc.  (Stats.  1867-68,  p.  116),  are  intimately  connected  with 
the  subject  of  prison  discipline,  and  for  that  reason  are,  with  con- 
siderable modification  (for  reasons  there  given)  inserted  in  the  part 
of  this  code  relating  to  the  state  prison." 

§  1417.  Power  of  the  governor  to  grant  reprieves,  com- 
mutations, and  pardons.  The  governor  has  power  to  grant 
reprieves,  commutations,  and  pardons,  after  conviction,  for 
all  offenses,  except  treason  and  cases  of  impeachment,  upon 
such  conditions  and  with  such  restrictions  and  limitations  as 
he  may  think  proper,  subject  to  the  regulations  provided  in 
this  chapter. 

Pardoning  power:  See  Const.,  art.  vii,  §1;  U.  S.  Const.,  art.  ii, 
§  2.  subd.  1. 

Act  creating  pardoning  board;   Stats.  .191.5,  p.  465.     See  General 
Laws,  tit.  "Pardons." 
■"    Legislation  §  1417.     Enacted    February    14,    1872.      (N.    Y.    Code 
Crim.  Proc,  §  692.) 

§  1418.  Governor's  power  in  respect  to  convictions  for 
treason.     He  may  suspend  the  execution  of  the  sentence, 


§  1-121  i'KiNAL    CUUE.  (J40 

ui)on  a  coiivictioii  foi-  treason,  uiilil  lliecasc  can  ])ft  repoi'tcd 
to  the  leji'islature  at  its  next  meeting,  when  tlie  lep^islature 
may  either  ])ar(Ion,  dii-ect  the  execution  of  the  .sentence,  or 
grant  a  further  reprieve;  ])i-ovided,  that  neither  the  gov- 
ernor nor  the  legislature  shall  have  power  to  grant  pardons 
or  commutations  of  sentence  in  any  case  where  the  convict 
has  been  twice  convicted  of  felony,  after  the  first  day  of 
January,  eighteen  hundred  and  eighty,  unless  upon  the  writ- 
ten reconnncndation  of  a  nuijority  of  the  judges  of  the 
supreme  court.  [Amendment  approved  1880;  Code  Amdts. 
1880,  p.  2.] 

Legislation  §  1418.  1.  Knacted  February  14,  1872  (N.  Y.  Code 
Criiii.  Proc,  S  fi!'3),  and  then  read:  "14LS.  He  may  suspend  the  exe- 
cution of  tlie  sentence  u]ion  a  con\'iction  for  treason,  until  the  case 
can  be  reported  to  the  legislature,  at  its  next  meeting,  when  the 
legislature  may  either  pardon  or  commute  the  sentence,  direct  the 
execution  thereof,  or  grant  a  further  re|>rieve." 

2.  Amended  by  Code  Amdts,  1880,  p.  2. 

§  1419.  Governor  to  communicate  to  legislature  reprieves, 
commutations,  and  pardons.  He  must,  at  the  beginning  of 
every  session,  communicate  to  the  legislature  each  case  of 
reprieve,  commutation,  or  pardon,  stating  the  name  of  the 
convict,  the  crime  of  which  he  w^as  convicted,  the  sentence 
and  its  date,  and  the  date  of  the  commutation,  pardon,  or 
reprieve,  and  the  reasons  for  granting  the  same.  [Amend- 
ment approved  1S80;  Code  Amdts.  1880,  p.  3.] 

Legislation  §  1419.  1.  Enacted  February  14,  1872.  (N.  Y.  Code 
Crim.  Proc.  §  694.) 

2.  Amended  by  Code  Amdts.  1880,  p.  3.  inserting  (1)  "at  the  be- 
ginning of  every  session"  after  "He  must,"  aud  (2)  "and  the  reasons 
for  granting  the  wame"  at  end  of  section. 

§  1420.     Retjort  of  case,  how^  and  from  v^^hom  required. 

When  an  application  is  made  to  the  governor  for  a  pardon, 
he  may  require  the  judge  of  the  court  before  Avhich  the 
conviction  Avas  had,  or  the  district  attorney  by  whom  the 
action  was  prosecuted,  to  furnish  him,  without  delay,  with 
a  statement  of  the  facts  proved  on  the  trial,  and  of  any  other 
facts  having  reference  to  the  propriety  of  granting  or  refus- 
ing the  pardon. 

Legislation  §  1420.  Enacted  February  14,  1872.  (N.  Y.  Code 
Crim.  Proc,  §  695.) 

§  1421,  Notice  to  district  attorney  of  application  for 
pardon.  At  least  ten  days  before  the  governor  acts  upon 
an  application  for  a  pardon,  written  notice  of  the  intention 
to  apply  therefor,  signed  by  the  person  applying,  must  be 
served  upon  the  district  attorney  of  the  county  Avhere  the 


641  KEPRIEVES,  COMMUTATIONS,  AND  PARDONS.  §  1423 

conviction  was  had,  and  proof,  by  affidavit,  of  the  service 
must  be  presented  to  the  governor. 

Legislation  §  1421.     Enacted  February   14,  1872. 

§  1422.     Publication  of  notice.     Unless  dispensed  with  by 
the  governor,  a  copy  of  the  notice  must  also  be  published 
for  thirty  days  from  the  first  publication,  in  a  paper  in  the 
county  in  Avhich  the  conviction  was  had. 
Legislation  §  1422.     Enacted  February  14,  1872. 

§  1423.     When  two  preceding-  sections  are  not  applicable. 

The  provisions  of  the  two  preceding  sections  are  not  ap- 
plicable : 

1.  "When  there  is  imminent  danger  of  the  death  of  the  per- 
son convicted  or  imprisoned ; 

2.  When  the  term  of  imprisonment  of  the  applicant  is 
within  ten  days  of  its  expiration. 

Legislation  §  1423.     Enacted  February  14,  1872. 
Pen.  Code — 41 


PENAL   CODE.  642 


TITLE  XL 

Proceedings  in  Justices'  and  Police  Courts  and  Appeals  to 
Superior  Courts. 

Chapter  I.     rroecediiigs  in  Justices'  and  Police  Courts.     §§  1425-1161. 
ir.     Appeals  to  Superior  Courts.     §§  1466-1470. 

CHAPTER  I. 

Proceedings  in  Justices'  and  Police  Courts. 

§  1425.     Jurisdiction  of  justices'  courts. 

§  1426.     Proceedings  must  be  commenced  by  complaint. 

§  1426a.  Complaint  for  misdemeanor. 

§  1427.     When   warrant   of  arrest  must   issue.     Form   of   warrant.     In 

case  of  offense  by  corporation. 
§  1428.     Minutes,  how  kept. 
§  1429.     The  plea,  and  how  put  in. 
§  1430.     Issue,  how  tried. 
§  1431.     Change  of  venue,  when  granted. 
§  1432.     Upon    change    of    venue,    papers,    etc.,    must   be    transmitted. 

Proceedings  on  change  of  venue. 
§  1433.     Postponement  of  the  trial. 
§  1434.     Defendant  to  be  present. 
§  1435.     Jurv  trial,  how  waived. 
§  1436.     Challenges. 
§  1437.     Oath  of  jurors. 
§  1438.     Trial,  how  conducted. 
§  1439.     Court  to  decide  questions  of  law,  but  not  to  charge  in  respect 

to  matters  of  fact. 
§  1440.     Jury  may  decide  in  court  or  retire.     Oath  of  officer  on  their 

retirement. 
§  1441.     Verdict  of  jury,  how  delivered  and  entered. 
§  1442.     Verdict,  when  several  defendants  are  tried  together. 
§  1443.     Jury,  when  to  be  discharged  without  a  verdict. 
§  1444.     If  discharged,  defendant  may  be  tried  again. 
§  1445.     Eendering  judgment. 
§  1446.     Judgment,  fine,  and  imprisonment. 

§  1447.     Defendant,  on  acquittal,  to  be  discharged.     Order  that  prose- 
cutor pay  costs. 
§  1448.     Judgment   against  prosecutor  for  costs. 
§  1449.     Judgment,  w^hen  to  be  rendered. 
§  1450.     When   defendant  may  move  for  a   new  trial   or  in   arrest  of 

judgment. 
§  1451.     New  trial,  grounds  of. 

§  1452.     Grounds   of  motion  in   arrest   of  judgment. 
§  1453.     Judgment  to  be  entered  in  the  minutes. 
§  1454.     If  judgment  of  acquittal  or  imposing  a  fine  only,  defendant 

to  be  discharged. 
§  1455.     Judgment  of  imprisonment,  how  executed. 
§  1456.     Judgment  that  defendant  be  imprisoned  until  he  pay  a  fine. 

how  executed. 
§  1457.     Defendant   discharged  uj^on  payment  of  fine.     Disposition  of 

fines. 
§  1458,     Defendant  may  be  admitted  to  bail. 


643  PROCEEDINGS  IN  JUSTICES'  AND  POLICE  COURTS.       §  1427 

§  1459.     Subpoenas. 

§  1460.     Entitling  affidavits. 

§  1461.     "Police  courts"  defined. 

§1425.  Jurisdiction  of  justices'  courts.  The  justices' 
courts  have  jurisdiction  of  the  following  public  offenses  com- 
mitted within  the  respectiA'e  counties  in  which  such  courts 
are  established : 

1.  Petit  larceny ; 

2.  Assault  or  battery  not  charged  to  have  been  committed 
upon  a  public  officer  in  the  discharge  of  his  duties,  or  to  have 
been  committed  with  such  intent  as  to  render  the  offense  a 
felony ; 

3.  Breaches  of  the  peace,  riots,  routs,  affrays,  committing 
a  willful  injury  to  property,  and  all  misdemeanors  punish- 
able by  fine  not  exceeding  five  hundred  dollars,  or  imprison- 
ment not  exceeding  six  months,  or  by  both  such  fine  and  im- 
prisonment. 

Legislation  §  1425.  1.  xVcidition  by  Stats.  1901,  p.  49S;  uncon- 
stitutional.    See   note,  §  5,   ante. 

2.  Added  by  Stats.  1905,  ]>.  705;  the  code  commissioner  saying, 
"This  is  a  new  section  containing  the  matter  now  in  §  115  of  the 
Code  of  Civil  Procedure." 

§  1426.     Proceedings  must  be  commenced  by  complaint. 

All  proceedings  and  actions  before  a  justice's  or  police  court, 
for  a  public  offense  of  which  such  courts  have  jurisdiction, 
must  be  commenced  by  complaint  under  oath,  setting  forth 
the  offense  charged,  with  such  particulars  of  time,  place, 
person,  and  property  as  to  enable  the  defendant  to  under- 
stand distinctly  the  character  of  the  offense  complained  of, 
and  to  answer  the  complaint. 

Police  courts,  orgaJiization,  etc.:  See  Pol.  Code,  §§  4424  et  seq. 

Justices'  courts,  organization,  etc.:  See  Code  Civ.  Proc,  §§85  et 
seq. 

Police  judge,  provisions  relating  to:   See  Pol.  Code,  §§  4424-4432. 

Jurisdiction  of  police  court  over  various  offenses:  See  Pol.  Code, 
§§  4426,  4427. 

Legislation  §  1426.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  280,  §  608,  which  (1)  had  "justice's,  re- 
corder's, or  mayor's  court"  instead  of  "justice's  or, police  court,"  but 
(2)   did  not  have  the  words  "under  oath"  after  "by  complaint." 

§  1426a.     Complaint  for  misdemeanor.     A  complaint  for 
any  misdemeanor  triable  in  a  justices'  or  police  court  must 
be  filed  within  one  A^ear  after  its  counnission. 
Legislation  §  1426a.     Added  by  Stats.  1909,  p.  979. 

§  1427.  When  warrant  of  arrest  must  issue.  Form  of 
warrant.  In  case  of  offense  by  corporation.  If  the  justice 
of  the  peace,  or  police  judge,  is  satisfied  therefrom  that  the 


§  142S  I'ENAL    CODE.  G44 

offense  complaiiiod  (tl"  Ims  Ix'cii  coiiiiniltcid,  he  must  issue  a 
warrant  oi"  arrest,  whicli  must  Ix'  substantially  in  the  I'ollow- 
iuj?  form  : 

"County  of . 

"The  People  of  the  State  .»r  Califoi-nia  to  any  Sheriff, 
Constable,  Marshal,  or  Policeiuaii  in  this  State: 

"Complaint  upon  oath  having  been  this  day  made  before 

me,  (justice  of  the  peace  or  police  judge,  as  the  case 

may  be),  by  C.  D.,  that  the  offense  of  (designating  it  gen- 
erally) has  been  committed,  and  accusing  E.  l-'\  thereof;  you 
are  therefore  commanded  forthwith  to  arrest  the  above- 
named  E.  V.  and  bring  him  before  me  forthwith,  at  (naming 
the  place). 

"Witness  my  hand  and  seal  at  ■ ,  this day  of , 

A.  D.  .      "  "A.  B." 

If  it  appears  that  the  offense  complained  of  has  been  com- 
mitted by  a  corporation,  no  warrant  of  arrest  need  issue, 
but  the  justice  of  the  peace  or  police  judge  must  issue  a 
summons  substantially  in  the  foi'iu  prescribed  in  section 
thirteen  hundred  and  ninety-one.  Such  summons  must  be 
served  at  the  time  and  in  the  manner  designated  in  section 
thirteen  hundred  and  ninety-two.  At  the  time  named  in  the 
summons  the  corporation  may  appear  by  counsel  and  answer 
the  complaint.  If  it  does  not  appear,  a  plea  of  not  guilty 
must  be  entered,  and  the  same  proceedings  had  therein  as 
in  other  cases.  [Amendment  approved  1905 ;  Stats.  1905, 
p.  706.] 

Arrest  by  peace-officer:  Ante,  §  836. 

Arrest  by  private  person:  Ante,  §  837. 

Arrest  by  oral  order  of  magistrate:  Ante,  §  838. 

Duty  of  officer  or  person  making  arrest:  Ante,  §§  847,  84?i. 

Warrant  of  arrest,  form  of:  Ante,  §  814. 

Warrant  of  arrest,  issuance  of:  See  ante,  §  813. 

Proceedings  if  corporation  does  not  appear:  See  ante,  §  1396. 

Legislation  §  1427.  1.  Enactod  February  14,  1872  (X.  Y.  Code 
Crim.  Proc,  §§  150.  151);  in  substance  the  same  as  Crim.  Prac.  Act, 
Stats.  1851,  p.  280,  §  610. 

2.  Amendment  by  Stats.  1801,  p.  499;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  706,  (1)  in  introductory  ]iaragraph 
and  in  the  form,  changing  "police  justice"  to  "police  judge"';  (2) 
adding  the  final  paragraph. 

§  1428.  Minutes,  how  kept.  A  docket  must  be  kept  by 
the  justice  of  the  peace  or  police  justice,  or  by  the  clerk  of 
the  courts  held  by  them,  if  there  is  one,  in  which  must  be 
entered  each  action  and  the  proceedings  of  the  court 
therein. 

Plea  to  be  entered  in  minutes:  See  post,  §  1429. 


G45  PROCEEDINGS  IN  JUSTICES'  AND  POLICE  COURTS.       §  1429 

Legislation  §  1428.  1.  Enacted  Febniaiv  14,  1872;  based  on  Crini. 
Prae.  Aet,  Stats.  IS^jl,  p.  281,  §  G13,  which  read:  "§613.  A  docket 
shall  be  kept  by  the  justice,  maj'or,  or  recorder,  or  in  the  recorder's 
court,  by  the  clerk  of  the  court,  if  there  be  one,  in  which  he  shall 
enter  each  action,  and  the  minutes  of  the  jiroi'c^editios  of  the  court 
therein." 

§  1429.  The  plea,  and  how  put  in.  The  defendant  may 
make  the  same  plea  as  upon  an  indictment,  as  provided  in 
section  ten  hundred  and  sixteen.  His  plea  must  lie  oral, 
and  entered  in  the  minutes.  If  the  defendant  plead  guilty, 
the  court  may,  before  entering  such  plea  or  pronouncing 
judgment,  examine  witnesses  to  ascertain  the  gravity  of  the 
offense  committed ;  and  if  it  appear  to  the  court  that  a  higher 
offense  has  been  committed  than  the  offense  charged  in  the 
complaint,  the  court  may  order  the  defendant  to  be  com- 
mitted or  admitted  to  bail,  to  answer  any  indictment  Avhich 
may  be  found  against  him  by  the  grand  jury,  or  any  in- 
formation which  may  be  filed  by  the  district  attorney, 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  30.] 

Pleas:  See  ante,  §  1016. 

Plea  of  guilty,  proceedings  on:  See  post,  §  1115. 

Legislation  §  1429.  1.  Enacted  February  14,  1872  (K  Y.  Code 
Criin.  Proc,  §  700);  based  on  Crim.  Prac.  Act,  §  611,  as  amended  by 
Stats.  1860,  p.  71,  §  1,  which  read:  "§  611.  On  being  arrested,  the 
defendant  may  plead  to  the  complaint  or  he  may  answer  and  deny 
the  same.  Such  plea,  answer,  or  denial,  may  be  oral  or  in  writing, 
and  immediately  thereafter  the  case  shall  be  tried,  unless,  for  good 
cause  shown,  an  adjournment  or  change  of  venue  shall  be  granted. 
If  an  adjournment  or  change  of  venue  be  granted,  the  defendant 
may  be  held  to  bail.  If  the  defendant,  at  any  time  before  the  trial, 
apph'  for  a  change  of  the  place  of  trial,  and  make  it  appear  by  affi- 
davit that  he  has  reason  to  believe,  and  does  believe,  that  he  cannot 
have  a  fair  and  impartial  trial  before  the  justice  about  to  try  the 
cause,  by  reason  of  prejudice  or  bias  of  such  justice,  the  cause  shall 
be  transferred  to  another  justice  of  the  same  or  a  neighboring  town- 
ship for  trial.  It  shall  be  the  duty  of  the  justice  ordering  the 
change  to  require  the  defendant  to  appear  before  the  justice  to 
whom  the  transfer  is  made,  on  a  day  named  for  trial,  also  all  wit- 
nesses, and  to  transmit  to  such  justice  a  certified  transcript  of  his 
docket,  and  all  original  papers  in  the  cause.  Should  the  defendant 
show  to  the  satisfaction  of  the  justice,  by  his  own  affidavit  or  other- 
wise, that  he  cannot  have  a  fair  and  impartial  trial,  by  reason  of 
the  prejudice  of  the  citizens  of  the  township,  the  cause  shall  be 
transferred  to  a  justice  of  a  neighboring  township;  provided,  if -it 
a])pear  by  the  defendant's  affidavit  that  the  same  prejudice  exists 
in  any  other  township  or  townships,  the  cause  shall  be  transferred 
to  some  township  where  no  such  prejudice  exists."  Vvhen  §  1429 
was  enacted  in  1872,  it  was  composed  of  the  first  two  sentences, 
having,  at  end,  "upon  the  minutes"  instead  of  "in  the  minutes." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  453,  (1)  in  second  sen- 
tence, changing  "upon  tlie  minutes"  to  "in  the  minutes";  (2)  adding 
the  final  sentence,  which  then  ended  with  the  wo^ds  "by  the  grand 
jury." 


§  14;}2  PENAL    CODE.  646 

3.  AiuciKlfil  by  Cddr  Anidts.  1880,  p.  .'SO,  adilins  "or  niiy  informa- 
tion  wliii'li   ni:iy  he  tiled  liy   the  district   at  I  ()nu\\',"  at  end  of  soi'tioii. 

§  1430.  Issue,  how  tried.  Upon  a  plea  other  than  a  plea 
of  guilty,  if  the  parties  waive  a  trial  by  jury,  and  an  ad- 
journment or  change  of  venue  is  not  granted,  the  court  must 
proceed  to  trv  the  case.  [Amendment  approved  1880;  Code 
Aimlts.  1880,' p.  5.] 

Jury  trial,  how  waived:  Post,  §  1435. 

Legislation  §  1430.  1.  Enacted  February  11.  1872  (N.  Y.  Code 
Criin.  Proc,  §  701);  ba^od  on  Crim.  Prae/ Act,  Stats.  ISr.l,  p.  281, 
§§61J,  (q.  v.,  as  amended  by  Stats.  1860,  ante,  Le^i-slation  §  1429,) 
614,  the  latter  section  readinff,  "§614.  The  defendant  shall  be  en- 
titled, if  demanded  by  him,  to  a  jury  trial.  The  formation  of  the 
juries  is  provided  for  by  special  statute."  When  enacted  in  1872, 
§  1430  read:  "1430.  Upon  a  plea  other  tlian  a  plea  of  guilty,  if  the 
defendant  does  not  demand  a  trial  by  jury,  or  an  adjournment  or 
change  of  venue  is  not  granted,  the  court  must  proceed  to  tr\'  the 
case." 

2.  Amended  by  Code  Amdts.  1880,  p.  .5. 

§  1431.  Change  of  venue,  when  granted.  If  the  action 
or  proceeding  is  in  a  justice's  court,  a  change  of  the  place 
of  trial  may  be  had  at  any  time  before  the  trial  commences : 

1.  When  it  appears  from  the  affidavit  of  the  defendant 
that  he  has  reason  to  believe,  and  does  believe,  that  he  can- 
not have  a  fair  and  impartial  trial  before  the  justice  about 
to  try  the  case,  by  reason  of  the  prejudice  or  bias  of  such 
justice,  the  cause  must  be  transferred  to  another  justice  of 
the  same  or  an  adjoining  township  ; 

2.  When  it  appears  from  affidavits  that  the  defendant 
cannot  have  a  fair  and  impartial  trial,  by  reason  of  the 
prejudice  of  the  citizens  of  the  township,  the  cause  must  be 
transferred  to  a  justice  of  a  township  where  the  same  preju- 
dice docs  not  exist. 

Change  of  venue:  Ante,  §§  1033,  1034. 

Legislation  §  1431.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  §  fill,  as  amended  by  Stats.  1800,  p.  71,  §  1,  q.  v.,  ante, 
Legislation  §  1420. 

§  1432.  Upon  change  of  venue,  papers,  etc.,  must  be  trans- 
mitted. Proceedings  on  change  of  venue.  When  a  change 
of  the  place  of  trial  is  ordered,  the  justice  must  transmit 
to  the  justice  before  whom  the  trial  is  to  be  had  all  the  origi- 
nal papers  in  the  cause,  with  a  certified  copy  of  the  minutes 
of  his  proceedings ;  and  upon  receipt  thereof,  the  justice  to 
whom  they  are  delivered  must  proceed  with  the  trial  in  the 
same  manner  as  if  the  proceeding  or  action  had  been  origi- 
nally commenced  inhiscourt. 

Transfer  of  records,  etc.,  of  the  action:  Ante,  §  1036. 
Duty  of  court  on  receipt  of  records:  Ante,  §  1038. 


G47  PROCEEDINGS  IN  JUSTICES'  AND  POLICE  COURTS.      §  1436 

Legislation  §  1432.  Enacted  February  14,  1872;  based  oii  Crim. 
Prae.  Act,  §  611,  as  amended  by  Stats.  1860,  p.  71,  §  1,  q.  v.,  ante, 
Legislation  §  1429. 

§1433.  Postponement  of  the  trial.  Before  the  commence- 
ment of  a  trial  in  any  of  the  conrts  mentioned  in  this  chap- 
ter, either  party  may,  npon  good  cause  shown,  have  a 
reasonable  postponement  thereof. 

Legislation  §  1433.  Enacted  February  14,  1872;  based  on  Crim. 
Prae.  Act,  §(311,  as  amended  by  Stats.  1S60,  p.  71,  §  1,  q.  v.,  ante, 
Legislation  §  1429. 

§  1434.  Defendant  to  be  present.  The  defendant  must  be 
personall.Y  present  [)cfore  the  trial  can  proceed. 

Presence  of  defendant,  necessity  of:  See  ante,  §  1043;  post,  §  1438. 

New  trial  where  defendant  was  absent:  See  post,  §  1451. 

Legislation  §  1434.  Enacted  February  14,  1872;  based  on  Crim. 
I'rac.  Act,  Stats.  1851.  p.  281,  §  612,  which  read:  "§  612.  The  defend- 
ant must  in  all  cases  be  personally  present  before  the  trial  shall 
proceed." 

§  1435.  Jury  trial,  how  waived.  A  trial  by  jury  may  be 
waived  by  the  consent  of  both  parties  expressed  in  open 
court  and  entered  in  the  docket.  The  formation  of  the 
jury  is  provided  for  in  chapter  one,  title  three,  part  one, 
of  the  Code  of  Civil  Procedure.  [Amendment  approved 
1880;  Code  Amdts.  1880,  p.  5.] 

Constitutional  provision.  "A  trial  by  jury  may  be  waived  in  all 
criminal  eases,  not  amounting  to  felony,  by  the  consent  of  both 
parties,  expressed  in  open  court.  .  .  .  In  .  .  .  cases  of  misde- 
meanor, the  jury  may  consist  of  twelve,  or  of  any  number  less  than 
twelve  upon  which  the  parties  may  agree  in  open  court":  Const. 
1879,  art.  i,  §  7. 

Waiver  of  jury:  See  ante,  §  1042. 

Legislation  §  1435.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prae.  Act,  Stats.  1851,  p.  281,  §  614,  which"  read: -"§  614.  The  defend- 
ant shall  be  entitled,  if  demanded  by  him,  to  a  jury  trial.  The 
formation  of  the  juries  is  provided  for  by  special  statute."  When 
§  1435  was  enacted  in  1872,  the  first  sentence  read.  "Before  the 
court  hears  any  testimony  upon  the  trial,  the  defendant  may  de- 
mand a  trial  by  jury,"  the  second  sentence  reading  as  at  present. 

2.  Amended  by  Code  Amdts.  1880,  p.  5. 

§  1436.  Challenges.  The  same  Challenges  may  be  taken 
by  either  party  to  the  panel  of  jurors,  or  to  any  individual 
juror,  as  on  the  trial  of  an  indictment  for  a  misdemeanor ; 
but  the  challenge  must  in  all  cases  be  tried  by  the  court. 

General  causes  of  challenge:  Ante,  §  1072. 
Particular  causes  of  challenge:  Ante,  §  1073. 
Challenge  to  individual  juror:   Ante,  §  1067. 
Challenge  to  the  panel  of  jurors:  Ante,  §  1058. 
Number  of  peremptory  challenges:   Ante,  §  1070. 


;<  14  to  PENAL    CODE.  G48 

Legislation  §  143G.      llnuctcd  Kcluuiirv   14,  1872  (N.  Y.  Coile  Crim. 

I'loc,  S  """) ;  ill  sulistiiiict'  \ho  siiinc  as  ditii.  Prac.  Act,  Stats.  1851, 

1 1.  i'^i,'s  i;i''. 

§  1437.  Oath  of  jurors.  The  couit  must  administer  to 
the  jury  the  iollowiiij;'  oatli :  "You  do  swear  that  you  will 
well  and  truly  try  this  issue  between  the  people  of  the  state 
of  California  and  A.  B.,  the  defendant,  and  a  true  verdict 
render  according  to  the  evidence." 

Legislation  §  1437.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
I'roc,  S  71 1) ;  in  substance  tlie  same  as  ('rim.   Frac.  Act,  Stats.  1851, 

)).  2S1,  §  (ilo. 

§  1438.  Trial,  how  conducted.  After  the  jury  are  sworn, 
they  must  sit  together  and  hear  the  proofs  and  allegations 
of  the  parties,  which  must  be  delivered  in  public  and  in  the 
presence  of  the  defendant. 

Conduct  of  the  trial:  Ante,  §  lOOn. 
New  trial  where  defendant  absent:  See  post,  §  1451. 
Presence  of  defendant,  necessity  of:  See  ante,  §§  1043,  1434. 
Legislation  §  1438.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §712);    in    exact   language   of    Crim.    Prac.    Act,   Stats.    1851, 
p.  2S1,  5;  (317. 

§  1439.     Court  to   decide   questions  of  law,  but  not  to 
charge  in  respect  to  matters  of  fact.     The  court  nnist  decide 
all  questions  of  law  which  may  arise  in  the  course  of  the 
trial,  but  can  give  no  charge  with  respect  to  matters  of  fact. 
Court  to  decide  questions  of  law:  See  ante,  §§  1124-1127. 
Duty  of  court  in  charging  the  jury:  Ante,  §  1127. 
Questions  of  fact.     .Tudgps  shall  not  charge  juries  with  respect  to 
matters  of  fact,  but  may  state  the  testimony  and  declare  the  law: 
Const.,  art.  vi,  §  19. 

In  case  of  libel:  Ante,  §§  251,  112o'.  See  Constitution  of  1879, 
art.  i,  §  9. 

Legislation  §  1439.  Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  Stats.  1851,  p!  281,  §  618. 

§  1440.  Jury  may  decide  in  court  or  retire.  Oath  of 
officer  on  their  retirement.  After  hearing  the  proofs  and 
allegations,  the  inrv  nniv  decide  in  court,  or  may  retire  for 
consideration.  If  they  do  not  immediately  agree,  an  officer 
must  be  sworn  to  the  following  effect:  ''You  do  SAvear  that 
you  will  keep  this  jury  together  in  some  quiet  and  con- 
venient place;  that  you  will  not  permit  any  person  to  speak 
to  them,  nor  speak  to  them  yourself,  unless  by  order  of  the 
court,  or  to  ask  them  whether  they  have  agreed  upon  a 
verdict ;  and  that  you  will  return  them  into  court  when  they 
have  so  agreed,  or  when  ordered  by  the  court." 

Deliberations  of  the  jury:  Ante,  §  1128. 

Oath  and  duty  of  officer  having  charge  of  jury:  See  ante,  §§  1121, 
1128. 


649  PROCEEDINGS  IN  JUSTICES'  AND  POLICE  COURTS.       §  1444: 

Legislation  §  1440.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §71o);  based  on  Crim.  Prac.  Act,  Stats.  1.S51,  p.  2S1,  §  619, 
the  oath  of  which  read,  "You  do  swear  that  you  will  keep  this  jury 
together,  in  some  private  and  convenient  place;  that  you  will  not 
permit  any  person  to  speak  to  them,  nor  speak  to  them  yourself, 
unless  it  be  to  ask  them  whether  they  have  agreed  upon  a  verdict; 
and  that  you  will  return  them  into  court  when  he  [they]  have  so 
agreed." 

§  1441.     Verdict  of  jury,  how  delivered  and  entered.     The 

verdict  of  the  jury  must  in  all  cases  be  general.  When  the 
jury  have  agreed  on  their  verdict,  they  must  deliver  it 
publicly  to  the  court,  who  must  enter  [it],  or  cause  it  to  be 
entered,  in  the  minutes. 

Verdict,  general  and  special:  Ante,  §  1151.. 

Legislation  §  1441.  Enacted  February  14,  1872  (X.  Y.  Code  Crim. 
Proc,  §  71+);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  282,  §§  620,  621. 

§  1442.  Verdict,  when  several  defendants  are  tried  to- 
gether. AVhen  several  defendants  are  tried  together,  if  the 
jury  cannot  agree  upon  a  verdict  as  to  all,  they  may  render 
a  verdict  as  to  those  in  regard  to  whom  they  do  agree,  on 
which  a  judgment  must  be  entered  accordingly,  and  the  case 
as  to  the  rest  may  be  tried  by  another  jury. 

Verdict  as  to   one   of  several  defendants,   and  new  trial   as   to 

others:  Ante,  §  1160. 

Legislation  §  1442.     Enacted  Fcbruarv  14,  1872;   in  substance  the 

same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  282,  §  622. 

§  1443.    Jury,  when  to  be  discharged  without  a  verdict. 

The  jury  cannot  be  discharged  after  the  cause  is  submitted 
to  them,  until  they  have  agreed  upon  and  rendered  their 
verdict,  unless  for  good  cause  the  court  sooner  discharges 
them. 

Discharge  of  jury  for  sickness  of  juror:  Ante,  §  1139. 
Not  to  be  discharged,  unless  no  probability  of  agreement:  Ante, 
§  1140. 

Legislation  §  1443.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  715);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  282, §  623. 

§  1444.     If  discharged,  defendant  may  be  tried  again.     If 

the  jury  is  discharged,  as  provided  in  the  last  section,  the 
court  may  proceed  again  to  the  trial,  in  the  same  manner 
as  upon  the  first  trial,  and  so  on,  until  a  verdict  is  rendered. 
Retrial:  Ante,  §  1141. 

Legislation  §  1444.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  716);  in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 
p.  282.'§  624. 


§  1448  PENAL   CODE.  050 

§1445.     Rendering-     judgment.     ^Vll(■ll     the     defendant 
pleads  guilty,  or  is  convicted,  either  ])y  the  court,  or  by  a 
jury,  the  court  must  render  judgment  thereon  of  fine  or 
imprisonment,  or  both,  as  the  case  may  be.     [Amendment 
approved  ]cS74;  Code  Amdts.  1873-74,  p.  453.] 
Plea  of  guilty,  and  proceedings  on:  See  ante,  §  1429. 
Legislation  §  1445.     1.  Enaeted    February    14,    1872    (N.    Y.    Code 
Crini.    I'roc,  §  717);   l.jised  on   Crim.   Prac."^  Aot,  Stats.   18.51,   p.  282, 
§  ()2."j,    \vliicli    had    the    word    "roquiro"    insload    of    "l)e"    at    end    of 
smMion. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  45.3,  changing  "fine  and 
imprisonment"  to  "fine  or  imprisonment." 

§  1446.     Judgment,  fine,  and  imprisonment.     A  judgment 
that  the  defendant  pay  a  fine  may  also  direct  that  he  be  im- 
prisoned until  the  fine  be  satisfied,  in  the  proportion  of  one 
day's  imprisonment  for  every  dollar  of  the  fine.     [Amend- 
ment approved  1874;  Code  Amdts.  1873-74,  p.  455.] 
Imprisonment  until  fine  paid:  See  ante,  §  1205;  post,  §  1456. 
Legislation  §  1446.     1.  Enacted    February    14,    1872    (N.    Y.    Code 
Crim.   Proc,  §718);   based   on   Crim.  Prac.   Act,  Stats.   1851,   p.   282, 
§  ()26,   which   read,   "§  626.  A   judgment   that   the    defendant   pay   a 
fine,  may  also  direct  that  he  be  imprisoned  until  the  fine  be  paid  or 
satisfied";  also  based  on  Stats.  1857,  p.  151,  §  2,  which  read,  "Sec.  2. 
When   a  person   shall  be  imprisoned  for  non-payment  of  a  fine,  or 
until  a  fine  be  paid,  the  imprisonment  may  extend  to,  but  shall  not 
exceed  one  day  for  every  two  dollars  of  the  fine,  and  the  costs  that 
may  be  due  from  the  person  imprisoned,  in  the  prosecution  in  which 
the  fine  was  adjudged." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  455,  changing  (1)  "is 
satisfied"  to  "be  satisfied,"  and  (2)  "every  two  dollars"  to  "every 
dollar." 

3.  Amendment  by  Stats.  1901,  p.  499;  unconstitutional.  See  note, 
§  5,  ante.  ^ 

§  1447.  Defendant,  on  acquittal,  to  be  discharged.  Order 
that  prosecutor  pay  costs.  When  the  defendant  is  acquitted, 
either  by  the  court  or  by  the  jury,  he  must  be  immediately 
discharged ;  and  if  the  court  certify  in  the  minutes  that  the 
prosecution  was  malicious  or  without  probable  cause,  it  may 
order  the  prosecutor  to  pay  the  costs  of  the  action,  or  to  give 
satisfactory  security  by  a  written  undertaking,  with  one  or 
more  sureties,  to  pay  the  same  within  thirty  days  after  the 
trial. 

Discharge  on  acquittal:  See  ante,  §  1165;  post,  §  1454. 
Legislation  §  1447,     Enacted  February  14,  1872  (N.  Y.  Code  Crim, 

Proc,  §  719);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  282,  §  627. 

§  1448.  Judgment  against  prosecutor  for  costs.  If  the 
prosecutor  does  not  pay  the  costs,  or  give  security  therefor, 


651  PROCKEDINGS  li\  JUSTICES'  AND  POLICE  COUETS.       §  1451 

the  court  may  enter  judgment  against  him  for  the  amount 
thereof,  Avhieh  may  be  enforced  m  all  respects  in  the  same 
manner  as  a  judgment  rendered  in  a  civil  action. 

Legislation  §  liiS.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §  720);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.  282,  §  628. 

§  1449.  Judgment,  when  to  be  rendered.  After  a  plea  or 
verdict  of  guilty,  or  after  a  verdict  against  the  defendant, 
on  a  plea  of  a  former  conviction  or  acquittal,  the  court  must 
appoint  a  time  for  rendering  judgment,  which  must  not  he 
more  than  two  days  nor  less  than  six  hours  after  the  verdict 
is  rendered,  unless  the  defendant  waive  the  postponement. 
If  postponed,  the  court  may  hold  the  defendant  to  bail  to 
appear  for  judgment.  [Amendment  approved  1874;  Code 
Amdts.  1873-74,  p.  454.] 

Time  for  rendition  of  judgment:  See  post,  §  1453. 
Legislation  §  1449.  1.  Enacted  February  14,  1872;  in  substance 
the  same  as  Grim.  Prac.  Act,  Stats.  1851,  p.  282,  §  630.  When  en- 
acted in  1872,  §  1449  read:  "1449.  After  a  plea  or  verdict  of  guilty, 
or  after  a  verdict  against  the  defendajit,  on  a  plea  of  a  former  con- 
viction or  acquittal,  the  court  must  appoint  a  time  for  rendering 
judgment,  which  must  not  be  more  than  two  days  nor  less  than  six 
hours  after  the  verdict  is  rendered,  and  must  hold  the  defendant  to 
bail  to  appear  for  judgment,  and  in  default  of  bail  he  must  be  com- 
mitted." 

2,  Amended  by  Code  Amdts.  1873-74,  p.  454. 

§  1450.  When  defendant  may  move  for  a  new  trial  or  in 
arrest  of  judgment.  At  any  time  before  judgment,  defend- 
ant may  move  for  a  new  trial  or  in  arrest  of  judgment. 

Motion  in  arrest  of  judgment:    Ante,  §  1185;   post,  §  1452. 
Time  to  make  motion  in  arrest  of  judgment:  See  ante,  §  1185. 
Legislation  §  1450.     Enacted  Feliruary  14,  1872;   in  substance  the 
same  as  Grim.  Prac.  Act,  Stats.  1S51,  p.  282,  §  631. 

§  1451.  New  trial,  grounds  of.  A  new  trial  may  be 
granted  in  the  following  cases : 

1.  When  the  trial  has  been  had  in  the  absence  of  the  de- 
fendant, unless  he  voluntarily  absent  himself,  with  full 
knowledge  that  a  trial  is  being  had ; 

2.  When  the  jury  has  received  any  evidence  out  of  court ; 

3.  When  the  jury  has  separated  without  leave  of  the  court, 
after  having  retired  to  deliberate  upon  their  verdict,  or  been 
guilty  of  any  misconduct  tending  to  prevent  a  fair  and  due 
consideration  of  the  case  ; 

4.  When  the  verdict  has  been  decided  by  lot,  or  by  any 
means  other  than  a  fair  expression  of  opinion  on  the  part  of 
all  of  the  jurors; 


§  1454:  •  PENAL  cudl:.  652 

5.  "When  tliere  has  been  error  in  tlie  deeision  of  the  court, 
given  on  any  question  of  hiw  arisinj;-  durinfj^  the  course  of 
tlie  trial ; 

G.  When  the  verdict  is  contrary  to  hxw  or  evidence ; 
7.  AVhen  new  evidence  is  discovered  material  to  the  de- 
fendant, and  which  he  could  not,  with  reasonable  diligence, 
have  discovered  and  produced  at  the  trial ;  but  when  a 
motion  for  a  new  trial  is  made  upon  this  ground,  the  defend- 
ant must  pi'oduce  at  the  hearing-  the  affidavits  of  the  wit- 
nesses by  whom  such  newly  discovered  evidence  is  expected 
to  be  given. 

New  trials:  See  ante,  §§  1179,  1182. 

Presence  of  defendant  necessary:  See  ante,  §§  1 134,  1438. 
Grounds  for  new  trial  in  justice's  or  police  court:  See  ante,  §  1181. 
Legislation  §  1451.  Enacted  February  14,  1872;  based  on  Crini. 
Prae.  Act,  §  (132,  as  amended  by  Stats.'l863,  p.  162,  §22.  the  intro- 
ductory paragraph  and  subd.  1  of  which  read,  "Section  (132.  A  new 
trial  can  be  granted  only  in  the  following  cases:  First — When  the 
trial  has  been  had  in  his  absence;  provided,  if  he  shall  voluntarily 
absent  himself,  with  full  knowdedge  that  a  trial  is  beiug  had,  a  new 
trial  shall  not  be  granted  on  account  of  such  \oluntary  absence"; 
the  section  thereafter  proceeding  as  at  preseut. 

§  1452.     Grounds  of  motion  in  arrest  of  judgment.    The 

motion  in  arrest  of  judgment  may  be  founded  on  any  sub- 
stantial defect  in  the  complaint,  and  the  effect  of  an  arrest 
of  judgment  is  to  place  the  defendant  in  the  same  situation 
in  which  he  was  before  the  trial  was  had. 

Effect  of  arrest  of  judgment:  See  ante,  §§  1187,  1188. 

Legislation  §  1452.  Enacted  February  14,  1872;  in  exact  language 
of  Grim.  Prac.  Act,-  Stats.  1851,  p.  283,  §  633. 

§  1453.    Judgment  to  be  entered  in  the  minutes.    If  the 

judgment  is  not  arrested,  or  a  new  trial  granted,  judgment 
must  be  pronounced  at  the  time  appointed  and  entered  in 
the  minutes  of  the  court. 

Judgnient,  rendition  of:  Ante,  §  1445. 
Time  for  rendition  of  judgment:  See  ante,  §  1449. 
Legislation  §  1453.     Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act.  Stats.  1851,  p.  283,  §  634. 

§  1454.  If  judgment  of  acquittal  or  imposing  a  fine  only, 
defendant  to  be  discharged.  If  judgment  of  acquittal  is 
given,  or  judgment  imposing  a  fine  only,  without  imprison- 
ment for  non-payment,  and  the  defendant  is  not  detained 
for  any  other  legal  cause,  he  must  be  discharged  as  soon 
as  the  judgment  is  given. 

Discharge  on  acquittal:  See  ante,  §§  1165,  1447. 

Legislation  §  1454.     Enacted   February   14,    1872;    based    on    f'lim. 

Prac.  Act,  Stats.  1851,  p.  283,  §  035,  which  did  not  i-ontaiii  the  word.s 

"without  imprisonment  for  non-iiayment." 


653  PROCEEDINGS  IN  JUSTICES*  AND  POLICE  COURTS.       §  1457 

§  1455.  Judgment  of  imprisonment,  how  executed.  When 
a  judgment  of  imprisonment  is  entered,  a  certified  copy 
thereof  must  be  delivered  to  the  sheriff,  marshal,  or  other 
officer,  Avliich  is  a  sufficient  warrant  for  its  execution. 

Execution:  See  ante,  §§  1213,  1216. 

Judgment  of  imprisonment,  how  executed:  See  aute,  §§  1215,  1216. 
Imprisonment  until  payment  of  fine:   See  ante,  §§  1205,  1446. 
Legislation  §  1455.     Enacted  February  14,  1872;  in  substance  the 
same  as  Crim.  Prac.  Act,  Stats.  1851,  p.  283,  §  636. 

§  1456.  Judgment  that  defendant  be  imprisoned  until  he 
pay  a  fine,  how  executed.  When  a  judgment  is  entered  im- 
posing a  fine,  or  ordering  the  defendant  to  be  imprisoned 
until  the  fine  is  paid,  he  must  be  held  in  custody  during  the 
times  specified  in  the  judgment,  unless  the  fine  is  sooner 
paid. 

Execution  of  judgment  of  fine  or  imprisonment:  Ante,  §§  1215, 
1246. 

Legislation  §  1456.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  718);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  283,  §  637. 

§  1457.  Defendant  discharged  upon  payment  of  fine. 
Disposition  of  fines.  Upon  payment  of  the  fine,  the  officer 
must  discharge  the  defendant,  if  he  is  not  detained  for  any 
other  legal  cause,  and  pay  over  the  fine  within  ten  days  to 
county  treasurer  if  the  offense  is  prosecuted  for  the  violation 
of  a  state  law  in  a  justice's  court ;  provided  that  all  fines  and 
forfeitures  collected  in  any  police  court  or  city  justice's 
court  that  is  maintained,  and  the  salaries  of  the  officers 
thereof  paid  by  the  city,  whether  prosecuted  for  a  violation 
of  a  state  law  or  a  city  ordinance  shall  be  paid  to  the  city 
treasurer  of  the  city  in  which  such  court  is  located ;  and 
further  provided,  that  all  fines  and  forfeitures  collected  for 
the  violation  of  a  city  or  town  ordinance,  in  a  justice's  court 
shall  be  paid  over  to  the  city  or  town  treasurer  of  the  city 
or  town  in  which  such  ordinance  is  in  force,  subject,  how- 
ever, to  the  provisions  of  chapter  one  of  title  fifteen  of  part 
one  of  this  code.  [Amendment  approved  1905 ;  Stats.  1905, 
p.  177.] 

Disposition  of  fines:  Post,  §  1570. 

Forfeitures,  how  disposed  of:  See  post,  §  1570. 

Legislation  §  1457.  1.  Enacted  February  14,  1872;  based  oai  Crim. 
Prac.  Act,  Stats.  1851,  p.  283,  §§  038,  639,  "the  former  section  having 
"Justice's,  or  in  a  mayor's  or  recorder's  court,"  instead  of  "justice's  or 
police  court,"  as  in  the  original  code  section.  When  enacted  in  1872, 
§  1457  read:  "1457.  Upon  payment  of  the  fine,  the  officer  must  dis- 
charge the  defendant,  if  he  is  not  detained  for  any  other  legal 
cause,  and  apply  the  money  to  the  payment  of  the  expenses  of  the 


^  14G1  PENAL    CODE.  054 

|)rostH'utiou,  aud  pay  over  tlio  residue,  if  Huy,  within  \vu  dayK,  to 
the  county  or  eity  treasurer,  at-fordiiig  as  the  ofVonse  is  prosecuted 
iu  a  .iustice's  or  police  court.  If  a  fine  is  imposed,  aud  paid  before 
comiuitnient,  it  must  bo  applied  as  prescribed  in  this  section." 

2.  Amended  by  Stats.  1901,  p.  8S,  to  read:  "J457.  Uj)on  payment 
of  the  fine,  the  ollicer  must  discliarge  the  defendant,  if  he  is  not 
detained  for  any  other  legal  cause,  and  pay  over  the  fine  within  ten 
days  to  the  county  or  city  treasurer,  according  as  the  offense  is 
l)roseeuted  for  the  violation  of  a  state  law  or  a  city  ordinance, 
whether  in  the  justice's  court  or  police  court;  provided,  that  all  for- 
feitures and  fines  collected  for  the  violation  of  any  city  ordinance, 
whether  in  the  police  court  or  justice's  court,  shall  be  paid  over  to 
the  city  treasurer  of  the  city  in  which  such  ordinance  is  in  force. 
If  a  fine  is  imposed,  and  paid  before  coinniitmcnt,  it  must  be  paid 
over  as  prescribed  in  this  section." 

3.  Amended  by  Stats.  190.5,  p.  177. 

§  1458.     Defendant  may  be  admitted  to  bail.     The  defend- 
ant, at  any  time  after  his  arrest,  and  before  conviction,  may 
be  admitted  to  bail.     The  provisions  of  this  code  relative  to 
bail  are  applicable  to  bail  in  justices'  or  police  courts. 
Bail:  Ante,  §§  822,  1268  et  seq. 

Legislation  §  1458.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  7.36);  based  on  Crim.  Prac.  Act,  Stats.  18.51,  p.  2S3,  §  640, 
which  read:  "§  640.  If  the  defendant  be  discharged  on  bail,  or  has 
deposited  money  instead  thereof,  and  fails  to  appear  according  to 
his  recognizance,  the  same  shall  be  forfeited,  or  the  money  appro- 
priated  in  like   manner   as  iu   the   district   court. 

§  1459.  Subpoenas.  The  justice  or  judge  of  either  of  the 
courts  mentioned  in  this  chapter  may  issue  subpoenas  for 
witnesses,  as  provided  in  section  thirteen  hundred  and 
twenty-six,  and  punish  disobedience  thereof,  as  provided  in 
section  thirteen  hundred  and  thirty-one. 
Witness  must  attend:   Code  Civ.  Proc,  §  2064. 

Legislation  §  1459.  Enacted  February  14,  1872.  (N.  Y.  Code 
Crim.  Proc,  §  729.) 

§  1460.  Entitling'  affidavits.  The  provisions  of  section 
fourteen  hundred  and  one,  in  respect  to  entitling  affidavits, 
are  applicable  to  proceedings  in  the  courts  mentioned  in  this 
chapter. 

Erroneous   title,    or   want    of,    effect   of.     See    ante,  §  1401;    post, 
§  1563. 
Legislation  §  1460.     Enacted  February  14,  1872. 

§1461.     "Police    courts"     defined.     The    term    "police 
courts, ' '  as  used  in  this  and  the  succeeding  chapter,  includes 
police  judges'  courts,  police  courts,  and  all  courts  held  by 
mayors  or  recorders  in  incorporated  cities  or  towns. 
Legislation  §  1461.     Enacted  February  14,  1872. 


655  *  APPEALS  TO  SUPERIOR  COURTS.  §  1467 

CHAPTER  11. 

Appeals  to  Superior  Courts. 

§  14G6.  Appeals,  when  allowed. 

§  1467.  Within  what  time  appeal  may  be  taken. 

§  1468.  Statement  on  appeal. 

§  1469.  If  new  trial  granted,  in  what  court  held. 

§  1470.  Proceedings,  if  appeal  is  dismissed  or  judgment  afiirmed. 

§  1466.  Appeals,  when  allowed.  Either  party  may  ap- 
peal to  the  superior  court  of  the  eouuty  from  a  judgment  of 
a  justice's  or  police  court,  in  like  cases  and  for  like  cause 
as  appeals  may  be  taken  to  the  supreme  court.  [Amend- 
ment approved  1880;  Code  Amdts.  1880,  p.  34.] 

Appeal  by  defendant:  Ante,  §  1237. 

Appeal  by  the  people:  Ante,  §  1238. 

Legislation  §  1466.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prae.  Act,  Stats.  1851,  p.  26.5,  §  481,  which  read:  "§  481.  The  party 
aggrieved  in  a  criminal  action,  whether  that  party  be  the  peojjle  or 
defendant,  may  appeal  as  follows:  1st.  To  the  coujt  of  sessions  of 
the  county  from  a  final  judement  of  a  justice's,  recorder's,  or 
mayor's  court.  2d.  To  the  district  court  of  the  county  froni^^  final 
judgment  of  the  court  of  sessions,  or  from  an  order  granting  or 
refusing  a  new  trial  in  an  action  or  proceeding  commenced  in  the 
court  of  sessions,  or  which  affects  a  substantial  right  in  such  action 
or  proceeding.  3d.  To  the  supreme  court  from  a  final  judgment  of 
the  district  court  in  all  criminal  cases  amounting  to  felony,  whether 
such  judgment  be  rendered  in  an  action  or  proceeding  originally 
commenced  in  the  district  court,  or  transmitted  from  the  court  of 
sessions,  or  brought  into  the  district  court  on  appeal.  Also,  from  an 
order  of  the  district  court  granting  or  refusing  a  new  trial,  or  which 
affects  a  substantial  right  in  a  criminal  case,  amounting  to  felony, 
commenced  in  the  said  district  court."  When  enacted  in  1872, 
§  1466  read:  "1466.  Either  party  may  appeal  to  the  county  court  of 
the  county  from  a  judgment  of  a  justice's  or  police  court,  in  like 
cases  and  for  like  cause  as  appeals  may  be  taken  to  the  supreme 
court;  but  no  appeal  can  be  taken  from  a  judgment  of  the  police 
judge's  court  of  San  Francisco,  imposing  a  fine  only  of  less  than 
twenty  dollars." 

2.  Amended  by  Code  Amdts.  1880,  p.  34. 

§  1467.    Within  what  time  appeal  may  be  taken.     The 

appeal  may  be  taken,  heard  and  determined  as  provided  in 
title  nine,  part  two  of  this  code,  except  that  such  appeal 
must  be  taken  within  fifteen  days  after  the  judgment  is 
rendered  or  within  ten  days  after  the  order  is  made  from 
which  the  appeal  is  taken.  [Amendment  approved  1907 ; 
Stats.  1907,  p.  560.] 

Appeal,  how  taken:  Ante,  §  1240. 

Judgment  on  appeal:  Ante,  §  1258. 

Legislation  §  1467.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  265,  §  482,  which  read:  "§  482.  The  appeal 
to  the  district  court  from  the  court  of  sessions,  and  to  the  supreme 


5;  1470  PENAL    CODK.  *  050 

cDiiii  Irniii  till'  (li.stiict  court,  ran  be  1aU*'ii  on  qiioslioiis  ul'  law 
;il(iiii'."  W'lii'ii  ciiactt'd  ill  lcS72,  §  1-1(3'  read:  "1-167.  Tiie  appeal  iH 
taUen,  heard,  aiil  (Utciiiiincd  as  in-oxidcd  in  tith^  nine,  part  two  of 
(liis  code." 

2.  Amended  b\  Slats.  1907,  [i.  -"jfiil;  IIh,'  code  conunissioner  sayinj^, 
"Tlie  aniendnuMit  limits  the  time  within  which  aj>peal.s  from  judg- 
ments and  ordeis  may  be  taken  to  the  siij)erior  court  in  criminal 
eases." 

§  1468.  Statement  on  appeal.  Tlie  appeal  to  the  superior 
court  i'roiii  tlie  judgment  of  a  justice's  or  police  court  is 
heard  upon  a  statement  of  the  case  settled  by  the  justice  or 
police  judge,  embodying  such  rulings  of  the  court  as  are 
excepted  to,  whicli  statement  must  be  filed  with  and  settled 
by  the  court  Avithin  ten  days  after  filing  notice  of  appeal. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  35.] 

Legislation  §  li68.  1,  Enacted  February  ]-J,  1872;  based  on  Grim. 
Prac.  Act,  as  amended  and  supplemented  by  Stats.  1858,  p.  218,  §  3, 
which  read:  "Sec.  3.  The  appeal  to  the  county  court  from  the  judg- 
ment of  a  justice's,  recorder's,  mayor's,  or  police  judge's  court,  shall 
be  heard  upon  -n  statement  of  the  case  settled  by  the  justice,  police 
judge,  recorder,  or  mayor,  embodying  the  evidence,  and  such  rulings 
of  the  court  as  are  excepted  to." 

2.  Amended  by  Code  Amdts.  1880,  p.  35,  changing  (1)  "county 
court''  to  "superior  court,"  and  (2)   "five  days"  to  "ten  days." 

§  1469.    If  new  trial  granted,  in  what  court  held.    If  a 

new  trial  is  granted  upon  appeal,  it  must  be  had  in  the  su- 
perior court.  [Amendment  approved  1880 ;  Code  Amdts. 
1880,  p.  35.] 

Legislation  §  1469.  1.  Enacted  February  14,  1872;  based  on  Grim. 
Prac.  Act,  as  amended  and  supplemented  by  Stats.  1858,  p.  218, 
§  4,  which  read:  "Sec.  4.  Upon  the  appeal  to  the  county  court,  if  a 
new  trial  be  granted,  such  new  trial  shall  be  had  iu  the  county 
court.  If  the  judgment  be  affirmed,  a  copy  of  the  judgment  of 
aflSrmanee  shall  be  sent  to  the  court  below,  upon  the  receipt  of 
which  the  court  below  shall  proceed  to  enforce  its  sentence."  When 
enacted  in  1872,  §  14G9  read:  "1469.  If  a  new  trial  is  granted  upon 
appeal,  it  must  be  had  in  the  county^  court,  except  the  appeal  is  from 
the  police  judge's  court  of  San  Francisco,  in  wdiich  case  a  copy  of 
the  order  granting  a  new  trial  must  be  remitted  to  that  court,  and 
the  trial  had  therein." 

2.  Amended  by  Code  Amdts.  1880,  p.  35. 

§  1470.  Proceedings,  if  appeal  is  dismissed  or  judgment 
affirmed.  If  the  appeal  is  dismissed  or  the  judgment  af- 
firmed, a  copy  of  the  order  of  dismissal  or  judgment  of 
affirmance  must  be  remitted  to  the  court  below,  which  may 
proceed  to  enforce  its  sentence. 
Judgment  on  appeal:  Ante,  §  1258. 

Legislation  §  1470.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  as  amended  and  supplemented  by  Stats.  1858,  p.  218, 
§  4;  q.  v.,  supra.  Legislation  §  1469. 


G57  WRIT    OF    HABEAS    CORPUS.  §  1473 

'  TITLE  XLL 
Special  Proceedings  of  a  Criminal  Nature. 

Chapter  I.     Writ  of  Habeas  Corpus.     §§  1473-1503. 

II.     Coroners'  Inquests  and  Duties  of  Coroners.     §§  1510-1520. 
III.     Search-warrants.     §§  1523-1542. 

IV.     Proceedings    Against    Fugitives    from    Justice.     §§  1547- 
1558. 
V.     Miscellaneous   Provisions   Respecting  Special  Proceedings 
of  a  Criminal  Nature.     §§  1562-1564. 

CHAPTER  I. 

Writ  of  Habeas  Corpus. 

§  1473.     Who  may  prosecute  writ. 
§  1474.     Application  for,  how  made. 

§  1475.     How    granted.     Proceedings    thereon.     Application    for    writ 
must  be   verified;   prior  applications.     Proof  of  service  re- 
quired before  hearing. 
§  1476.     Writ  must  be  granted  without  delay.     Admitted  to  bail  pend- 
ing determination. 
§  1477.     Writ,  what  to  contain. 
§  1478.     How  served. 

§  1479.     Proceedings  upon  disobedience  to  the  wu-it. 
§  1480.     Eeturn,  what  to  contain. 
§  1481.     Body  must  be  produced,  when. 

§  1482.     When  hearing  may  proceed  without  production  of  the  body. 
§  1483.     Hearing  on  return. 
§  1484.     Proceedings   on   the   hearing. 
§  1485.     When   court   may   discharge   the  party. 
§  1486.     When  to  remand  party. 
§  1487.     Grounds  of  discharge  in  certain  cases. 
§  1488.     Not  to  be  discharged  for  defect  of  form  in  warrant. 
§  1489.     Court  may  examine  witnesses  and  discharge,  hold  to  bail,  or 

recommit. 
§  1490.     Writ  for  purpose  of  bail. 
§  1491.     Judge   may  take  bail. 
§  1492.     Judge,  when  to  remand. 

§  1493.     Person  in  illegal,  may  be  committed  to  legal,  custody. 
§  1494.     Disposition  of  party,  pending  proceedings   on   return. 
§  1495.     Defect  of  form  in  the  writ  immaterial,  when. 
§  1496.     Imprisonment  after  discharge,  in  what  cases  permitted. 
§  1497.     Warrant  may  issue  instead  of  w-rit,  in  certain  cases. 
§  1498.     Warrant  may  include   person  charged  with  illegal  detention, 
§  1499.     Warrant,  how  executed. 
§  15U0.     Eeturn  and  hearing  on. 
§  15U1.     Party  may  be  discharged  or  remanded. 
§  1502.     Writ  and  process  may  issue  and  be  served  at  any  time. 
§  1503.     By  whom  issued  and  when  returnable. 
§  1504.     Where  returnable. 

§  1505.     Damages,  by  whom  recovered,  for  failure  to  issue  or  obey  the 
writ. 

§  1473.     Who  may  prosecute  writ.     Every  person  unlaw- 
fully imprisoned  or  restrained  of  his  liberty,  under  any  pre- 

I'en.  Code — 42 


§  147')  PENAL   CODE.  658 

tense  Avliatevei-,  iii;iy  prosecute  a  writ  of  habeas  corpus, 
to  iiKiiiire  into  the  cause  of  such  imprisonment  or  restraint. 
lAmeiulment  approved  1874;  Code  Amdts.  1873-74,  p.  454.] 

Privilege  of,  not  to  be  suspended.  Tlic  privilege  of  the  writ  of 
liabi'jis  i'oi|ius  shall  not  be  suspeuded  unless  wlicii,  in  cases  of  re- 
bellion or  invasion,  the  public  safety  may  reiiiiire  its  suspension: 
Const.   1S79,  art.  i,  §o;   U.  S.  Const.,  "^art.  i,  §  9. 

Eight  to,  where  one  detained  as  insane:  Sec  Pol.  Code,  §  2188. 

Legislation  §  1473.  1.  j^nuctid  t'ebiuary  M,  1872;  in  substance 
the  same  as  Habeas  Corpus  Act,  Stats.   ISoO,  p.  334,  §  1. 

2.  Amended  by  Code  Amdts.  1873-74,  p.  454,  changing  "unlaw- 
fully committed,  detained,  confined,  or  restrained"  to  "unlawfully 
imprisoned  or  restrained." 

§  1474.  Application  for,  how  made.  Application  for  the 
writ  is  made  by  petition,  signed  eitlier  by  the  party  for 
whose  relief  it  is  intended,  or  by  some  person  in  his  behalf, 
and  must  specify : 

1.  That  the  person  in  whose  behalf  the  writ  is  applied  for 
is  imprisoned  or  restrained  of  his  liberty,  the  officer  or  per- 
son by  whom  he  is  so  confined  or  restrained,  and  the  place 
where,  naming  all  the  parties,  if  they  are  knoAvn,  or  describ- 
ing them,  if  they  are  not  known ; 

2.  If  the  imprisonment  is  alleged  to  be  illegal,  the  petition 
must  also  state  in  what  the  alleged  illegality  consists ; 

3.  The  petition  must  be  verified  by  the  oath  or  affirmation 
of  the  party  making  the  application. 

Application  for  writ,  how  made:  See  post,  §§  1475,  1490. 
Legislation  §  1474.     Enacted  J'ebruary  14,  1872;  in  substance  the 
same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  334,  §  12. 

§  1475.  How  granted.  Proceedings  thereon.  Application 
for  writ  must  be  verified ;  prior  applications.  Proof  of  service 
required  before  hearing.  The  writ  of  habeas  corpus  may  be 
granted  in  the  manner  provided  by  the  constitution.  If  the 
writ  has  been  granted  by  any  court  or  a  judge  or  justice 
thereof,  and  after  the  hearing  thereof  the  prisoner  has  been 
remanded,  he  shall  not  be  discharged  from  custody  by  the 
same  or  any  other  court  of  like  general  jurisdiction,  or  by  a 
judge  or  justice  of  the  same  or  any  other  court  of  like  general 
jurisdiction,  unless  upon  some  ground  not  existing  in  fact 
at  the  issuing  of  the  prior  writ.  Should  the  prisoner  desire 
to  urge  some  point  of  law  not  raised  in  the  petition  for  or  at 
the  hearing  upon  the  return  of  the  prior  writ,  then,  in  case 
such  prior  want  had  been  returned  or  returnable  before  a 
superior  court  or  a  judge  thereof,  no  writ  can  be  issued  upon 
a  second  or  other  application  except  by  the  appropriate  dis- 
trict court  of  appeal  or  some  justice  thereof,   or  by  the 


659  WRIT  OF  HABEAS  CORPUS.  §  1475 

supreme  court  or  some  judge  tliereof,  and  in  such  an  event 
such  writ  must  not  be  made  returnable  before  any  superior 
court  or  any  judge  thereof.  In  the  event,  however,  that 
the  prior  writ  Avas  returned  or  made  returnable  before  a 
district  court  of  appeal  or  any  justice  thereof,  no  writ  can 
be  issued  upon  a  second  or  other  application  except  by  the 
supreme  court  or  some  judge  thereof,  and  such  writ  must  be 
made  returnable  before  said  supreme  court  or  some  judge 
thereof.  Every  application  for  a  writ  of  habeas  corpus  must 
be  verified,  and  shall  state  whether  any  prior  application  or 
applications  have  been  made  for  a  writ  in  regard  to  the 
same  detention  or  restraint  complained  of  in  the  application, 
and  if  any  such  prior  application  or  applications  have  been 
made  the  later  application  must  contain  a  brief  statement 
of  all  proceedings  had  therein,  or  in  any  of  them,  to  and  in- 
cluding the  final  order  or  orders  made  therein,  or  in  any 
of  them,  on  appeal  or  otherwise.  AVhenever  the  person 
applying  for  a  writ  of  habeas  corpus  is  held  in  custody  or 
restraint  by  any  officer  of  any  court  of  this  state  or  any 
political  subdivision  thereof,  or  by  any  peace-officer  of  this 
state,  or  any  political  subdivision  thereof,  a  copy  of  the  ap- 
plication for  such  writ  must  in  all  cases  be  served  upon  the 
district  attorney  of  the  county  wherein  such  person  is  held  in 
custody  or  restraint  at  least  twenty-four  hours  before  the 
time  at  which  said  writ  is  made  returnable  and  no  applica- 
tion for  such  writ  can  be  heard  without  proof  of  such  service 
in  cases  where  such  service  is  required.  [Amendment  ap- 
proved 1907;  Stats.  1907,  p.  560.] 

Application  for  writ,  how  made:  See  ante,  §  1474;  post,  §  1490. 
Legislation  §  1475.  1.  Enaotecl  February  14.  1872;  based  on 
Habeas  Corpus  Act,  Stats.  1850,  p.  .334.  §  3.  which  read:  "§  3.  Such 
writ  of  habeas  corpus  may  be  g^ranted  by  the  supreme  court,  or  any 
judge  thereof,  or  any  district  or  county  court  in  term  time,  or  by 
anv  judge  of  such  courts  at  any  time,  whether  in  term  or  vacation." 
When  enacted  in  1872,  §  1475  read:  "1475.  The  writ  of  habeas  cor- 
pus may  be  granted:  1.  By  the  supreme  court,  or  any  justice  thereof, 
upon  petition  on  behalf  of  any  person  restrained  of  his  liberty  in 
this  state.  When  so  issued,  it  may  be  made  returnable  before  the 
court  or  any  justice  thereof,  or  before  any  district  or  county  court, 
or  any  judffe  thereof;  2.  By  .the  district  courts,  or  a  judge  thereof, 
upon  petition  on  behalf  of  any  person  restrained  of  his  liberty  in 
their  respective  districts;  3.  By  the  county  courts,  or  a  judae 
thereof,  upon  petition  on  behalf  of  any  person  restrained  of  his 
liberty  in  their  respective  counties." 

2.  Amended  by  Code  Amdts.  1880,  p.  4,  to  read:  "1475.  The  writ 
of  habeas  corpus  miay  be  granted:  1.  By  the  supreme  court,  or  any 
justice  thereof,  upon  petition  by  or  on  behalf  of  any  person  re- 
strained of  his  liberty  in  this  state.  When  so  issued  it  may  be  made 
returnable  before  the  court,  or  any  justice  thereof,  or  before  any 
superior  court  or  any  judge  thereof.     2.  By  the  superior  courts,  or  a 


jli  1477  PKNAI.   CODE.  660 

.jii<l}f('    tli(ii'(ir,    ujMiii    |i('liti(>ii     li\     or    (111    li<li;iir    of     iiiiy    pfrson    n*- 
straiiu'd  ol'  his  liiii'ily    in   llicir   icsiicct  i\  c  coiiiil  ics." 

3.  Aincii<Iniont  by  Htats.  1901,  j).  199;  iinconstitiitional,  ^oo  note, 
§  o,  ante. 

4.  Aineiuled  by  Stats.  1905,  p.  "(Hi,  in  subd.  2,  (I)  clianying  "hu- 
}ierior  courts"  to  "superior  court,"  and  (2)  adding  a  second  sentence, 
wliich  read,  "If  tlie  writ  lias  been  granted  by  any  superior  court  or 
judije,  and  after  tlie  hearing  thereof  the  prisoner  has  been  re- 
manded, he  shall  not  be  discharged  from  custody  by  the  same  or 
any  other  su])erior  court,  or  judge,  unless  upon  some  ground  not 
existing  at  tiie  issuing  of  the  prior  writ,  or  unless  upon  Sf)n'ie  point 
of  law  not  raised  at  the  heaiing  upon  the  return  of  tlie  prior  writ." 

5.  Amended  by  Stats.  1907,  j).  560;  the  code  commiHsioiicr  saying, 
"The  change  in  iOO.l  consisted  in  the  addition  of  the  last  sentence 
in  subd.  2.  The  purpose  of  the  amendment  was  to  [irevent  one  who, 
after  a  hearing  upon  habeas  corpus,  had  been  remanded  to  custody, 
from  applying  thereafter  to  the  same  or  another  superior  court  or 
judge,  unless  upon  some  ground  not  existing  at  the  issuing  of  the 
prior  writ,  or  unless  upon  some  point  of  law  not  raised  at  the  hearing 
upon  the  return  of  the  prior  writ.  Certain  abuses  of  the  section  still 
continuing  in  the  practice,  the  whole  section  was  recast  in  1907  in 
the  pireseiit  drastic  form." 

§  1476.  Writ  must  be  granted  without  delay.  Admitted 
to  bail  pending  determination.  Any  court  or  judge  au- 
thorized to  grant  the  writ,  to  whom  a  petition  therefor  is 
presented,  must,  if  it  appear  that  the  writ  ought  to  issue, 
grant  the  same  without  delay ;  and  if  the  person  by  or  upon 
whose  belialf  the  application  for  the  writ  is  made  be  de- 
tained upon  a  criminal  charge,  may  admit  him  to  bail,  if 
the  offense  is  bailable,  pending  the  determination  of  the 
proceeding.  [Amendment  approved  1905;  Stats.  1905,  p. 
476.] 

Legislation  §  1476.  1.  Enacted  February  14,  1872;  in  substance 
the  same  as  Habeas  Corpus  Act,  Stats.  1S50,  p.  3.'i4,  §  4.  When  en 
acted  in  1872,  §  147G  was  composed  of  the  tirst  clause,  ending  with 
"without  delay." 

2.  Amended  by  Stats.  1905,  p.  476,  adding  the  second  clause,  be- 
ginning "and  if  the  person." 

§  1477.  Writ,  what  to  contain.  The  writ  must  be  di- 
rected to  the  person  having  custody  of  or  restraining  the 
person  on  whose  behalf  the  application  is  made,  and  must 
command  him  to  have  the  body  of  such  person  before  the 
court  or  judge  before  whom  the  writ  is  returnable,  at  a  time 
and  place  therein  specified. 

Legislation  §  1477.  Enacted  February  14,  1872;  based  on  Habeas 
Corpus  Act,  Stats.  ISdO,  p.  334,  §  5,  which  read:  "§  5.  Such  writ 
shall  be  directed  to  the  officer  or  party  having  such  person  in  cus- 
tody or  under  restraint,  commanding  him  to  have  the  body  of  such 
jjerson  so  imprisoned  or  detained,  as  it  is  alleged  by  petition  before 
the  court  or  judge,  as  the  case  may  be,  at  such  time  as  the  court  or 
judge  shall  direct,  specifying  in  such  writ  the  place  where  the  peti- 
tion will  be  heard,  to  do  and  receive  what  shall  then  and  there  be 


661  WRIT  OF  HABEAS  CORPUS.  §  1480 

considered  coucerning  such  persou,  together  with  the  time  and  cause 
of  his  detention,  and  have  then  [and]  there  such  writ." 

§  1478.  How  served.  If  the  writ  is  directed  to  the  sheriff 
or  other  ministerial  officer  of  the  court  out  of  which  it  issues, 
it  must  be  delivered  by  the  clerk  to  such  officer  without  de- 
lay, as  other  writs  are  delivered  for  service.  If  it  is  directed 
to  any  other  person,  it  must  be  delivered  to  the  sheriff,  and 
be  by  him  served  upon  such  person  by  delivering  the  same 
to  him  without  delay.  If  the  person  to  whom  the  writ  is 
directed  cannot  be  found,  or  refuses  admittance  to  the  offi- 
cer or  person  serving  or  delivering  such  writ,  it  may  be 
served  or  delivered  by  leaving  it  at  the  residence  of  the 
person  to  whom  it  is  directed,  or  by  affixing  it  to  some  con- 
spicuous place  on  the  outside  either  of  his  dwelling-house 
or  of  the  place  where  the  party  is  confined  or  under  re- 
straint. 

Legislation  §  14:78.     Enacted  February  14,  1872;  in  substance  the 
same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  334,  §§  6,  7,  S. 

§  1479.    Proceedings  upon  disobedience  to  the  writ.     If 

the  person  to  whom  the  writ  is  directed  refuses,  after 
service,  to  obey  the  same,  the  court  or  judge,  upon  affidavit, 
must  issue  an  attachment  against  such  person,  directed  to 
the  sheriff  or  coroner,  commanding  him  forthwith  to  ap- 
prehend such  person  and  bring  him  immediately  before 
such  court  or  judge ;  and  upon  being  so  brought,  he  must 
be  committed  to  the  jail  of  the  county  until  he  makes  due 
return  to  such  writ,  or  is  otherwise  legally  discharged. 

Legislation  §  1479.     Enacted  February  14,  1872;   in  substauce  the 
same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  335,  §  9. 

§  1480.  Return,  what  to  contain.  The  person  upon  whom 
the  writ  is  served  must  state  in  his  return,  plainly  and 
unequivocally : 

1.  Whether  he  has  or  has  not  the  party  in  his  custody,  or 
under  his  power  or  restraint ; 

2.  If  he  has  the  party  in  his  custody  or  power,  or  under 
his  restraint,  he  must  state  the  authority  and  cause  of  such 
imprisonment  or  restraint ; 

3.  If  the  party  is  detained  by  virtue  of  any  writ,  Avar- 
rant,  or  other  written  authority,  a  copy  thereof  must  be 
annexed  to  the  return,  and  the  original  produced  and 
exhibited  to  the  court  or  judge  on  the  hearing  of  such 
return ; 

4.  If  the  person  upon  whom  the  writ  is  served  had  the 
party  in  his  power  or  custody,  or  under  his  restraint,  at  any 
time  prior  or  subsequent  to  the  date  of  the  writ  of  habeas 


§  1484  PENAL    CODE.  662 

corpus,  hut  lias  transferred  such  custody  or  restraint  to 
another,  tlie  I'cturn  must  state  particularly  to  whom,  at  what 
time  and  place,  for  what  cause,  and  by  what  authority  such 
transfer  took  place ; 

5.  The  return  must  be  signed  by  the  person  making  the 
same,  and,  except  when  such  person  is  a  sworn  public  officer, 
and  makes  such  return  in  his  official  capacity,  it  must  be 
verified  by  his  oath. 

Legislation  §  1480.  Enacted  February  14,  1872;  in  substance  the 
saiiu'  as   TI;il)ca.s  Corpus  Act,  Stats.  18.50,  p.  335,  §  10. 

§  1481.  Body  must  be  produced,  when.  The  person  to 
whom  the  writ  is  directed,  if  it  is  served,  must  bring  the 
body  of  the  party  in  his  custody  or  under  his  restraint, 
according  to  the  command  of  the  writ,  except  in  the  cases 
specified  in  the  next  section. 

No  fee  to  be  charged  for  services  in  proceedings:  Sec  Pol.  Code, 
§  4333. 

Legislation  §  1481.  Enacted  Februnry  14,  1872;  in  substance  the 
same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  335,  §  11. 

§  1482.  When  hearing-  may  proceed  without  production 
of  the  body.  When,  from  sickness  or  infirmity  of  the  per- 
son directed  to  be  produced,  he  cannot,  without  danger,  be 
brought  before  the  court  or  judge,  the  person  in  w^hose 
custody  or  power  he  is  may  state  that  fact  in  his  return  to 
the  w^'it,  verifying  the  same  by  affidavit.  If  the  court  or 
judge  is  satisfied  of  the  truth  of  such  return,  and  the  return 
to  the  writ  is  otherwise  sufficient,  the  court  or  judge  may 
proceed  to  decide  on  such  return,  and  to  dispose  of  the  mat- 
ter as  if  such  party  had  been  produced  on  the  writ,  or  the 
hearing  thereof  may  be  adjourned  until  such  party  can  be 
produced. 

Legislation  §  1482.     Enacted  February  14,  1872;  in  substance  the 

same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  335,  §§  12,  13. 

§  1483.  Hearing  on  return.  The  court  or  judge  before 
whom  the  writ  is  returned  must,  immediately  after  the  re- 
turn, proceed  to  hear  and  examine  the  return,  and  such 
other  matters  as  may  be  properly  submitted  to  their  hearing 
and  consideration. 

Legislation  §  1483.     Enacted  February  14,  1872;  in  substance  the 

same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  335,  §  14. 

§  1484.  Proceedings  on  the  hearing.  The  party  brought 
before  the  court  or  judge,  on  the  return  of  the  writ,  ma:v' 
deny  or  controvert  any  of  the  material  facts  or  matters  set 
forth  in  the  return,  or  except  to  the  sufficiency  thereof,  or 


G63  WRIT  OP  HABEAS  CORPUS.  §  1487 

allege  any  fact  to  show  either  that  his  imprisonment  or 
detention  is  unlawful,  or  that  he  is  entitled  to  his  discharge. 
The  court  or  judge  must  thereupon  proceed  in  a  summary 
way  to  hear  such  proof  as  may  be  produced  against  such 
imprisonment  or  detention,  or  in  favor  of  the  same,  and  to 
dispose  of  such  party  as  the  justice  of  the  case  may  require, 
and  have  full  power  and  authority  to  require  and  compel 
the  attendance  of  witnesses,  by  process  of  subpoena  and 
attachment,  and  to  do  and  perform  all  other  acts  and  things 
necessary  to  a  full  and  fair  hearing  and  determination  of 
the  case. 

Witnesses  at  hearing:  See  post,  §  1489. 

Legislation  §  1484.  Enaeted  February  14,  1872;  in  substance  the 
same  as  Habeas  Corpus  Act,  Stats.  ISofl.  p.  335,  S§  15,  16,  17. 

§  1485.     When   court  may  discharge   the   party.     If  no 

legal  cause  is  shown  for  such  imi^risonment  or  restraint,  or 
for  the  continuation  thereof,  such  court  or  judge  must  dis- 
charge such  party  from  the  custody  or  restraint  under  which 
he  is  held. 

Legislation  §  1485.  Enacted  February  14,  1872;  in  substance  tlie 
same  as  Habeas  Corpus  Act,  Stats.  1S50,  p.  335,  g  IS. 

§  1486.  When  to  remand  party.  The  court  or  judge,  if 
the  time  during  -which  such  party  may  be  legally  detained 
in  custody  has  not  expired,  must  remand  such  party,  if  it 
appears  that  he  is  detained  in  custody : 

1.  By  virtue  of  process  issued  by  any  court  or  judge  of 
the  United  States,  in  a  case  where  such  court  or  judge  has 
exclusive  jurisdiction;  or, 

2.  By  virtue  of  the  final  judgment  or  decree  of  any  com- 
petent court  of  criminal  jurisdiction,  or  of  any  process  issued 
upon  such  judgment  or  decree. 

Court,  when  to  i-emand:  See  post,  §  1492. 

Legislation  §  1486.  Enacted  February  14,  1872;  in  substance  tli3 
same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  336,  §  19. 

§  1487.  Grounds  of  discharge  in  certain  cases.  If  it  ap- 
pears on  the  return  of  the  writ  that  the  prisoner  is  in 
custody  by  virtue  of  process  from  any  court  of  this  state, 
or  judge  or  officer  thereof,  such  prisoner  may  be  discharged 
in  any  of  the  following  cases,  subject  to  the  restrictions  of 
the  last  section : 

1.  When  the  jurisdiction  of  such  court  or  officer  has  been 
exceeded ; 

2.  "When  the  imprisonment  M'as  at  first  lawful,  yet  by  some 
act,  omission,  or  event  which  has  taken  jDlace  afterwards, 
the  party  has  become  entitled  to  a  discharge ; 


§  1490  PKNA[.    CODK.  664 

3.  When  the  process  is  defective  in  some  matter  oL'  sub- 
stance required  by  law,  rendering  such  process  void ; 

4.  Wlien  tlie  process,  tliough  proper  in  lorni,  has  been 
issued  in  a  case  not  allowed  by  laAv ; 

5.  AVhen  the  person  having  the  custody  of  the  prisoner  is 
not  the  person  allowed  by  law  to  detain  him ; 

6.  "Where  the  process  is  not  authorized  by  any  order, 
judgment,  or  decree  of  any  court,  nor  by  any  provision  of 
law; 

7.  Where  a  party  has  been  committed  on  a  criminal 
charge  without  reasonable  or  probable  cause. 

Legislation  §  1-187.     Eiuic-ted  February   14,  1872;   in   .siibstance  the 
the  same  as  Habeas  Corpus  Act,  Stats.  1S.50,  p.  3.'5G,  §  20. 

§  1488.  Not  to  be  discharged  for  defect  of  form  in  w^ar- 
rant.  If  any  person  is  committed  to  prison,  or  is  in  cus- 
tody of  any  officer  on  any  criminal  charge,  by  virtue  of  any 
warrant  of  eommitmont  of  a  justice  of  the  peace,  such  per- 
son must  not  be  discharged  on  the  ground  of  any  mere 
defect  of  form  in  the  warrant  of  commitment. 

Legislation  §  1488.     Enacted  February  14,  1872;  based  oii  Habeas 

Corpus  Act,  Stats.  1850,  p.  ,136,  §  21,  which  had  the  words  "warrant 

or    commitment"    instead    of    "warrant    of    commitment,"'    in    both 

instances. 

§  1489.  Court  may  examine  witnesses  and  discharge, 
hold  to  bail,  or  recommit.  If  it  appears  to  the  court  or 
judge,  by  affidavit  or  otherwise,  or  upon  the  inspection  of 
the  process  or  warrant  of  commitment,  and  such  other 
papers  in  the  proceedings  as  may  be  shown  to  the  court  or 
judge,  that  the  party  is  guilty  of  a  criminal  offense,  or 
ought  not  to  be  discharged,  such  court  or  judge,  although 
the  charge  is  defective  or  unsubstantially  set  forth  in  such 
process  or  warrant  of  commitment,  must  cause  the  com- 
plainant or  other  necessary  witnesses  to  be  subpoenaed  to 
attend  at  such  time  as  ordered,  to  testify  before  the  court 
or  judge ;  and  upon  the  examination  he  may  discharge  such 
prisoner,  let  him  to  bail,  if  the  offense  be  bailable,  or  recom- 
mit him  to  custody,  as  may  be  just  and  legal. 

Imprisonment  after  discharge:  See  post,  §  1496. 
Bail  on  habeas  corpus:   See  ante,  §  1286;   post,  §  1491. 
Witnesses  at  hearing:  See  ante,  §  1484. 

Legislation  §  1489.     Enacted  February   14,  1872;   in  substance  tiie 
same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  336,  §  22. 

§  1490.  Writ  for  purpose  of  bail.  When  a  person  is  im- 
prisoned or  detained  in  custody  on  any  criminal  charge,  for 
want  of  bail,  such  person  is  entitled  to  a  writ  of  habeas 


065  WRIT  OF  HABEAS  CORPUS.  §  1-495 

corpus  for  the  purpose  of  giving  bail,  upon  averring  that 
fact  in  his  petition,  Avithout  alleging  that  he  is  illegally 
confined. 

Application  for  "writ;,  how  made:  See  ante,  §§  1474,  1-175. 

Legislation  §  1490.  Fnac-teil  Febniary  14,  1872;  in  substance  the 
same  as  Habeas  Corpus  Aet,  Stats.   1S50,  p.  33G,  §  2?>. 

§  1491.  Judge  may  take  bail.  Any  judge  before  whom 
a  person  who  has  been  committed  on  a  criminal  charge  may 
be  brought  on  a  writ  of  habeas  corpus,  if  the  same  is  bail- 
able, may  take  an  undertaking  of  bail  from  such  person  as 
in  other  cases,  and  file  the  same  in  the  proper  court. 
Bail  on  habeas  corpus:  See  ante,  §§  1286,  1489. 

Legislation  §  1491.  Enacted  February  14,  1872;  in  substance  the 
same  as  Habeas  Corpus  Act,  Stats.  1S.50,  p.  336,  §  24. 

§  1492.  Judge,  v^hen  to  remand.  If  a  party  brought  be- 
fore the  court  or  judge  on  the  return  of  the  writ  is  not  en- 
titled to  his  discharge,  and  is  not  bailed,  where  such  bail  is 
allowable,  the  court  or  judge  must  remand  him  to  custody 
or  place  him  under  the  restraint  from  which  he  was  taken, 
if  the  person  under  whose  custody  or  restraint  he  was  is 
legally  entitled  thereto. 

Court,  when  to  remand:  See  ante,  §  1486. 

Legislation  §  14S2.     Enacted  February  14,  1872;   in  substance  the 

same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  336,  §  25. 

§  1493.  Person  in  illegal,  may  be  committed  to  legal,  cus- 
tody. In  cases  where  any  party  is  held  under  illegal  re- 
straint or  custody,  or  any  other  person  is  entitled  to  the 
restraint  or  custody  of  such  party,  the  judge  or  court  may 
order  such  party  to  be  committed  to  the  restraint  or  custody 
of  such  person  as  is  by  law  entitled  thereto. 

Legislation  §  1493.  Enacted  February  14,  1872;  in  substance  the 
sanie  as  Habeas  Corpus  Act,  Stats.  1850,  p.  336,  §  26. 

§  1494.  Disposition  of  party,  pending  proceedings  on  re- 
turn. Until  judgment  is  given  on  the  return,  the  court  or 
judge  before  whom  any  party  may  be  brought  on  such  writ 
may  commit  him  to  the  custody  of  the  sheriff  of  the  county, 
or  place  him  in  such  care  or  under  such  custody  as  his  age 
or  circumstances  may  require. 

Legislation  §  1494.     Enacted  February  14,  1872;   in  substance  the 

same  as  Halieas  Corpus  Act,  Stats.  1850,  !>.  336,  §  27. 

§  1495.     Defect  or  form  in  the  writ  immaterial,  when.     No 

writ  of  habeas  corpus  can  be  disobeyed  for  defect  of  form, 
if  it  sufficiently  appear  therefrom  in  whose  custody  or  under 
Avhose  restraint  the  party  imprisoned  or  restrained  is,  the 


§  1498  PENAL    CODE.  666 

officer  or  person  detaining  liiin,  ;iiul  llic  court,  or  judge  be- 
fore Avlioni  lie  is  to  he  brought. 

Legislation  §  1495.     Kn:ic(.Ml   Kol.niarv   II.  1872;  Imscl  on  Habeas 

Corpus  Act,  Stats.  lS.5n.  p.  :;;;(!.  §  2S.  wh'i.li  lia<l  fhc  word  "ilissolvod" 

iiistond  of  "disnbovpd." 

§  1496.  Imprisonment  after  discharge,  in  what  cases  per- 
mitted. No  person  wlio  has  been  discharged  by  the  order 
of  the  coui't  or  judge  upon  habeas  corpus  can  be  again  im- 
prisoned, restrained,  or  kept  in  custody  for  the  same  cause, 
except  in  the  following  cases : 

1.  If  he  has  been  discharged  from  custody  on  a  criminal 
charge,  and  is  afterwards  committed  for  the  same  offense, 
by  legal  order  or  process  ; 

2.  If,  after  a  discharge  for  defect  of  proof,  or  for  any  de- 
fect of  the  process,  warrant,  or  commitment  in  a  criminal 
case,  the  prisoner  is  again  arrested  on  sufficient  proof  and 
committed  by  legal  process  for  the  same  offense. 

Imprisonment  after  discharge:  See  ante,  §  1489. 

Legislation  §  1496.  Enacted  February  14,  1872;  based  on  Habeas 
Corpus  Act,  §  29,  ns  amended  by  Stats.  18.34,  Kerr  ed.  p.  20,  Eedding 
ed.  p.  2(5,  §  1 ;  both  the  Kerr  and  the  Redding  edition  having  the 
words  "issued  pursuant  to  the  provisions  of  this  act"  after  "habeas 
corjius"  in  introductory  paragraph,  the  Eedding  edition  having  the 
article  "a"  before  "habeas  corpus."  the  latter  a  ])ecu]iarity  of  the 
original  Habeas  Corpus  Act,  which  did  not  have  the  words  "except 
in  the  following  cases"  at  the  end  of  that  paragraph. 

§  1497.  Warrant  may  issue  instead  of  writ,  in  certain 
cases.  When  it  appears  to  any  court,  or  judge,  authorized 
by  law  to  issue  the  writ  of  habeas  corpus,  that  any  one  is 
illegally  held  in  custody,  confinement,  or  restraint,  and  that 
there  is  reason  to  believe  that  such  person  will  be  carried 
out  of  the  jurisdiction  of  the  court  or  judge  before  whom 
the  application  is  made,  or  will  suffer  some  irreparable  in- 
jury before  compliance  with  the  writ  of  habeas  corpus  can 
be  enforced,  such  court  or  judge  may  cause  a  warrant  to  be 
issued,  reciting  the  facts,  and  directed  to  the  sheriff,  coroner, 
or  constable  of  the  county,  commanding  such  officer  to  take 
such  person  thus  held  in  custody,  confinement,  or  restraint, 
and  forthAvith  bring  him  before  such  court  or  judge,  to  be 
dealt  with  according  to  law. 

Legislation  §  1497.     Enacted  February  14,  1872;   in  substance  the 

same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  337,  §  30. 

§  1498.  Warrant  may  include  person  charged  with  illegal 
detention.  The  court  or  judge  may  also  insert  in  such  war- 
rant a  command  for  the  apprehension  of  the  person  charged 
wdth  such  illegal  detention  and  restraint. 


6G7  WRIT  OF  HABEAS  CORPUS.  §  1504 

Legislation  §  1498.  Enacted  February  14,  1872;  in  substaiu-e  the 
same  as  Halieas  Corpus  Act,  Stats.  1850,  p.  ?^'A7,  §  31. 

§  1499.  Warrant,  how  executed.  The  officer  to  whom 
such  warrant  is  delivered  must  execute  it  by  bringing  the 
person  therein  named  before  the  court  or  judge  who  directed 
the  issuing  of  such  warrant. 

Legislation  §  1499.  Enacted  February  14,  1872;  in  substance  the 
same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  337,  §  32. 

§  1500.  Return  and  hearing'  on.  The  person  alleged  to 
have  such  party  under  illegal  confinement  or  restraint  may 
make  return  to  such  warrant  as  in  case  of  a  writ  of  habeas 
corpus,  and  the  same  may  be  denied,  and  like  allegations, 
proofs,  and  trial  may  thereupon  be  had  as  upon  a  return  to 
a  writ  of  habeas  corpus. 

Legislation  §  1500.  Enacted  February  14,  1872;  in  substance  the 
same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  337,  §  33. 

§  1501.  Party  may  be  discharged  or  remanded.  If  such 
party  is  held  under  illegal  restraint  or  custody,  he  must  be 
discharged;  and  if  not,  he  must  be  restored  to  the  care  or 
custody  of  the  person  entitled  thereto. 

Legislation  §  1501.  Enacted  February  14,  1872;  based  on  Habeas 
Corpus  Act,  Stats.  1850,  p. '337,  §34,  which  had  the  words  "or  left 
at  liberty,  as  the  case  may  require,"  at  end  of  section. 

§  1502.  Writ  and  process  may  issue  and  be  served  at  any 
time.  Any  writ  or  process  authorized  by  this  chapter  may 
be  issued  and  served  on  any  day  or  at  any  time. 

Legislation  §  1502.  Enacted  February  14,  1872;  based  on  Halaeas 
Corpus  Act,  Stats.  1850,  p.  337,  §  35,  which  read:  "§  35.  Any  writ 
or  process  authorized  by  this  act,  may  be  issued  and  served  on  the 
first  day  of  the  week,  commonly  called  Sunday." 

§  1503.  By  whom  issued  and  when  returnable.  All  writs, 
warrants,  process,  and  subpoenas  authorized  by  the  provi- 
sions of  this  chapter  must  be  issued  by  the  clerk  of  the  court, 
and,  except  subpoenas,  must  be  sealed  with  the  seal  of  such 
court,  and  served  and  returned  forthwith,  unless  the  court 
or  judge  shall  specify  a  particular  time  for  any  such  return. 

Legislation  §  1503.  Enacted  February  14,  1872;  in  substance  the 
same  as  Halieas  Corpus  Act,  Stats.  1850,  p.  337,  §  3ti. 

§  1504.  Where  returnable.  All  such  writs  and  process, 
when  made  returnable  before  a  judge,  must  be  returned  be- 
fore him  at  the  county  seat,  and  there  heard  and  determined. 
[Amendment  approved  1880;  Code  Amdts.  1880,  p.  4.] 

Legislation  §  1504.     1.  Enacted   February    14,   1872;    in   substance 

the  same  as  Habeas  Corpus  Act,  Stats.  1850,  p.  337,  S  37. 


^  1310  I'ENAL    CODK.  G68 

2.   Allien. U-il    l.y    Cnl.'    Aimlts.    1880,    i>.    1,   cliaiit^iiii;   "wlicii    issued 
Iiy  Older  of  a  juiltic"  to  "when  ininle  lel  umnlile  liefore  ;i  Juil^e." 

§  1505.  Damages,  by  whom  recovered,  for  failure  to  issue 
or  obey  the  writ.  If  any  judge,  after  a  proper  ai)])licatioii 
is  made,  refuses  to  grant  an  oi'der  for  a  writ  of  habeas 
eorpus,  or  if  the  officer  or  person  to  Avlioni  such  -writ  may  be 
directed,  refuses  obedience  to  the  command  tliereof,  he  shall 
forfeit  and  pay  to  tlie  person  aggrieved  a  sum  not  exceeding 
five  thousand  dollars,  to  be  recovered  by  action  in  any  court 
of  competent  jurisdiction. 

Legislation  §  1£05.     Enacted  February  14,  1872;  in  substance  the 

same  as  IIal)eas  Corpus  Act,  Stats.  ]8on,  p.  337,  §  ."58. 

CHAPTER  II. 

Coroners'  Inquests  and  Duties  of  Coroners. 

§  1510.     Coroner  to  summon  jury  to  inquire  into  cause  of  death. 

§  1.511.     Jurors  to  be  sworn. 

§  1511a.  Inquest. 

??  1511b.  To  view  the  body. 

§  1512.     Witnesses. 

§  1513.     Witnesses  compelled  to  attend. 

§  1514.     Verdict  of  jury  in  writing.     What  to  contain. 

§  lol4a.  Witness  to  be  bound  over,  when.     Recognizances. 

§  1515.     Testimony  in  writing  and  where  filed. 

S  1516.     Exception. 

§  1517.     Coroner  to  issue  warrant,  when. 

§  1518.     Form  of  warrant. 

§  1519.     How  served. 

§  1520.     District  attorney  may  be  present. 

§  1510.  Coroner  to  summon  jury  to  inquire  into  cause  of 
death.  When  a  coroner  is  informed  that  a  person  has  been 
killed,  or  has  committed  suicide,  or  has  suddenly  died  under 
such  circumstances  as  to  afford  a  reasonable  ground  to  sus- 
pect that  his  death  has  been  occasioned  by  the  act  of  another 
by  criminal  means,  he  must  go  to  the  place  where  the  body 
is,  cause  it  to  be  exhumed  if  it  has  been  interred,  and  sum- 
mon not  less  than  nine  nor  more  than  fifteen  persons, 
qualified  by  law  to  serve  as  jurors,  to  appear  before  him 
forthwith,  at  the  place  where  the  body  of  deceased  is,  to 
inquire  into  the  cause  of  the  death.  No  such  person  is  ex- 
empt from  jury  duty  except  at  the  discretion  of  the  coroner. 
No  person  shall  be  summoned  as  juror  who  is  related  to  the 
decedent  or  is  charged  wath  or  suspected  of  the  killing,  nor 
shall  any  one  be  summoned  who  is  known  to  be  prejudiced 
for  or  against  him,  but  no  person  selected  or  summoned  to 
appear  as  a  juror  is  subject  to  be  challenged  by  any  party. 
[Amendment  approved  1905;  Stats.  1905,  p.  707.] 


669        coroners'  inquests  and  duties  of  coroners.     §  1511a 

Inquest:  See  Pol.  Code,  §§  4285-4290. 

Powers  and  duties  of  coroners:   See  Pol.  Code,  §§  4143-4148. 

Justice  may  act  as  coroner  when:  See  Pol.  Code,  §  4147. 

Costs  of  inquest  in  state  prison:  See  post,  Appendix,  tit.  "Costs." 

Act  providing  for  pasnnent  for  chemical  and  post-mortem  exami- 
nations: See  post,  Appendix,  tit.  "Coroners." 

Act  relating  to  appointment  of  physician  at  iiiquest:  See  post.  Ap- 
pendix, tit.  "Coroners." 

Act  providing  for  attendance  of  physicians  and  surgeons:  See 
post,  Ap)peudix,  tit.  "Coroners." 

Coroners  in  counties  of  the  first  class,  act  relating  to:  See  post. 
Appendix,  tit.  "Coroners" 

Acts  furnishing  assistants  to  coroners  in  certain  cities:  See  post. 
Appendix,  tit.  "Coronei-s." 

Act  providing  shorthand  reporter  at  inquest:  See  post,  Appendix, 
tit.  "Coroners." 

Legislation  §  1510.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proe.,  §  773) ;  in  substance  the  same  as  Coroner's  Act,  §  4,  as 
amended  by  Stats.  1862,  p.  552,  §  1.  Vv'hen  §  1510  was  enacted  in 
1872,  it  was  composed  of  the  first  sentence  of  the  present  section. 

2.  Amendment  by  Stats.  1901,  p.  500;  unconstitutional:  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  707;  the  code  commis-sioner  saying, 
"The  amendment  consists  |  in  the  addition]  of  the  last  two  sen- 
tences. The  matter  thus  added  to  the  sections  is  a  codification  of 
a  part  of  the  provisions  of  §  3  of  the  statute  of  1871-72,  p.  403,  as 
amended  by  the  statute  of  1875-76,  p.  397,  resjiecting  jurors  sum- 
moned to  act  at  coroners'  inquests. 

§  1511.  Jurors  to  be  sworn,  AVhen  six  or  more  of  the 
.jurors  attend,  they  must  be  sworn  by  the  coroner  to  inquire 
who  the  person  was,  and  when,  where,  and  by  what  means 
he  came  to  his  death,  and  into  the  circumstances  attending 
his  death ;  and  to  render  a  true  verdict  thereon,  according 
to  the  evidence  offered  them,  or  arising  from  the  inspection 
of  the  body. 

Legislation  §  1511.  Enacted  February  14,  1872;  based  on  Cor- 
ner's Act.  Stats.  1850,  p.  265,  §  6,  which  had  the  words  "evidence 
afforded"  instead  of  "evidence  offered." 

§  1511a.  Inquest.  There  must  be  but  one  inquest  upon  a 
body,  unless  that  taken  is  set  aside  by  the  court ;  and  there 
must  be  but  one  inquest  held  upon  several  bodies  of  persons 
who  were  killed  by  the  same  cause,  and  who  died  at  the  same 
time.  Whenever  it  appears  that  an  error  in  the  identity 
of  the  body  has  been  made  by  the  jury,  it  is  discretionary 
with  the  coroner  to  call  another  inquest  without  reference  to 
the  court,  and  a  memorandum  of  the  error  must  be  entered 
upon  the  erroneous  inquisition. 

Legislation  §  1511a.  1.  Addition  by  Stats.  1901,  p.  500;  uncon- 
stitutional.   See   note,  §  5   ante. 

2.  Added  by  Stats.  1905,  p.  707;  the  code  commissioner  saying. 
"This  section  is  a  codification  of  §  6  of  the  statute  of  1871-72, 
p.  403,   above  referred   to."     See    ante,   Legislation  §  1510. 


§  1513  im<:nal  code.  070 

§  1511b.  To  view  the  body.  After  the  juiy  have  been 
sworn  and  charged  by  the  coroner,  they  must  go  together 
with  the  coroner  to  view  and  examine  the  body  of  the  de- 
ceased person.  They  must  not  proceed  upon  the  inquest 
until  they  have  so  viewed  the  body.  After  the  jury  liave 
viewed  the  body,  they  may  retire  to  any  convenient  place  to 
hear  the  testimony  of  witnesses  and  deliberate  upon  their 
verdict.  For  this  end  the  coroner  may  adjourn  the  inquest 
from  time  to  time,  as  may  be  necessary. 

Legislation  §  1511b.  1.  Addition  by  Stats.  1901,  ]>.  ."iUd;  uncon- 
stitutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  708;  the  code  coniniissionor  saying, 
"S  7  of  tlie  statute  last  referred  to  is  codified  in  this  section."  See 
ante,  Legislation  §§  1.110,  l.llla. 

§  1512.  Witnesses.  Coroners  may  issue  subpoenas  for 
witnesses,  returnable  forthAvith,  or  at  such  time  and  place 
as  they  may  appoint,  which  may  be  served  by  any  compe- 
tent person.  They  must  summon  and  examine  as  Avitn esses 
every  person  who  in  their  opinion,  or  that  of  any  of  the  jury, 
has  any  knowledge  of  the  facts,  and  may  summon  a  surgeon 
or  physician  to  inspect  the  body,  or  hold  a  post-mortem  ex- 
amination thereon,  or  a  chemist  to  make  an  analysis  of  the 
stomach  or  the  tissues  of  the  body  of  the  deceased,  and  give 
a  professional  opinion  as  to  the  cause  of  the  death.  [Amend- 
ment approved  1905 ;  Stats.  1905,  p.  708.] 

Legislation  §1512.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc.,  §775);  based  on  Coroner's  Act,  Stats.  1850,  p.  26.'5.  §  7, 
the  second  sentence  of  which  read,  "He  must  summon  and  examine 
as  witnesses,  every  person,  who,  in  his  opinion,  or  that  of  any  of 
the  ,iury,  has  afiy  l\nowledge  of  the  facts,  and  he  may  summon  a 
surgeon  or  phj-sician  to  inspect  the  body,  and  give  a  professional 
opinion  as  to  the  cause  of  the  death." 

2.  Amendment  by  Stats.  1901,  p.  500;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  708,  adding,  in  second  sentence, 
after  "to  inspect  the  body,"  "or  hold  a  post-mortem  examination 
thereon,  or  a  chemist  to  make  an  analysis  of  the  stomach  or  the 
tissues  of  the  body  of  the  deceased";  the  code  commissioner  saying, 
"This  provision  is  taken  from  §§  1  and  2  of  the  statute  of  1871-72, 
p.  403,  above  referred  to."     See  Legislation  §§  1510,  1511a,   1511b. 

§  1513.    Witnesses  compelled  to  attend.    A  witness  served 
with  a  subpoena  may  be  compelled  to  attend  and  testify,  or 
be  punished  by  the  coroner  for  disobedience,  in  like  manner 
as   upon    a    subpoena    issued   by   a   justice    of   the   peace. 
[Amendment  approved  1905;  Stats.  1905,  p.  708.] 
Compelling  attendance  of  witnesses:  See  ante,  §  1330. 
Legislation  §  1513.     1.  Enacted    Eebruary    14,    1872    (N.    Y.    Code 
Crim.  Proc,  g  776);  in  exact  language  of  Coroner's  Act,  Stats.  1850, 
p.  265,  §  8. 


671        coroners'  inquests  and  duties  of  coroners.     §  1515 

2.  Amended  by  Sta1s.  1905,  p.  70S,  inserting  "be"  before  "pun- 
ished by  the  coroner." 

§  1514.     Verdict  of  jury  in  writing-.     What  to  contain. 

After  inspectiiijo-  the  body  and  hearing  the  testimony,  the 
jury  must  render  their  verdict  and  certify  the  same  by  an 
inquisition  in  Avriting,  signed  by  them,  and  setting  forth  who 
the  person  killed  is,  and  when,  where,  and  by  what  means 
he  came  to  his  death ;  and  if  he  was  killed,  or  his  death  occa- 
sioned by  the  act  of  another,  by  criminal  means,  who  is 
guilty  thereof. 

Legislation  §  1514.  Enacted  February  U,  1872  (N.  Y.  Code  Crim. 
Prof'..  §  777) ;  in  substance  the  same  as  Coroner's  Act,  Stats.  1850, 
p.  265,  §9.  •         ;1i 

§  1514a.  Witness  to  be  bound  over,  when.  Recogni- 
zances. If  the  jury  find  that  a  murder  or  manslaughter  has 
been  committed,  the  coroner  may  bind  over  the  witnesses 
against  the  accused  to  appear  and  testify  before  the  grand 
jury,  or  a  magistrate,  or  the  superior  court,  and  to  obey  all 
orders  of  such  magistrate  or  court  in  the  premises.  Such 
recognizance  must  be  in  writing  and  must  be  subscribed  by 
the  parties  to  be  bound  thereby,  and  made  payable  to  the 
people  of  the  state  of  California  in  an  amount  to  be  fixed  by 
the  coroner,  and  approved  by  a  judge  of  the  superior  court ; 
*and  in  case  of  their  refusal  to  sign  such  recognizance,  the 
coroner  has  power  to  commit  such  witness  as  in  the  case  of 
examination  of  an  accused  person  by  a  magistrate. 

Legislation  §  1514a.  1.  Addition  by  Stats.  1901,  p.  500:  uncon- 
stitutional. See  note,  §  5,  ante. 

2.  Added  bv  Stats.  1905,  p.  70S;  the  code  commissioner  saying, 
"This  is  a  codification  of  §  15  of  the  statute  of  1871-72  p.  403,  re- 
lating to  coroners." 

§  1515.  Testimony  in  writing-  and  where  filed.  The  tes- 
timony of  the  Avitnesses  examined  before  the  coroner's  jury 
must  be  reduced  to  writing  by  the  coroner  or  under  his  di- 
rection, and  forthwith  filed  by  him,  with  the  inquisition, 
and  all  recognizances  taken  by  him,  in  the  office  of  the 
county  clerk.  [Amendment  approved  1905;  Stats.  1905, 
p.  709.] 

Legislation  §  1515.  1.  Enacted  February  14  1872  (N.  Y.  Code 
Crim.  Proc,  §  778) ;  based  on  Coroner's  Act,  Stats.  1850,  p.  265,  §  10, 
which  had  the  words  "district  court"  instead  of  "county  court,"  as 
in  original  code  section.  When  enacted  in  1872,  §  1515  read: 
"1515.  The  testimony  of  the  witnesses  examined  before  the  coro- 
-  ner's  jury  must  be  reduced  to  writing  by  the  coroner,  or  under  his 
direction,  and  forthwith  filed  by  him,  with  the  inquisition,  in  the 
otfice  of  the  clerk  of  the  county  court  of  the  county." 

2.  Amended  by  Code  Amdts.  1880,  p.  oo,  changing  "county  court" 
to  "superior  court." 


§  1518  I'KNAL    CODE.  072 

3.  Aiueiulinoiil  l)y  Sfr.ts.  1901,  \>.  ')()();  uiu-oiistitiii  ional.  Sco  note, 
§  0,  auto. 

4.  AiiuMidod  by  St:its.  1905,  p.  709,  (1)  addiii^r^  after  "witJi  the 
inquisition,"  tlie  words  "and  :il!  rccoffnizances  taken  l)y  him,"  and 
(2)  ehanying  "clerk  of  the  superior  court  of  the  county"  to 
"county  clerk,"  at  end  of  section. 

§  1516.  Exception.  If,  however,  the  ])orson  ehargod  with 
the  commission  of  the  offense  is  arrested  liefore  the  inquisi- 
tion can  l)e  fikMl,  the  coroner  nuist  deliver  the  same,  with  the 
testimony  taken,  to  the  map:istrate  l)efore  wliom  sucli  ])erson 
may  be  brought,  who  must  return  the  same,  with  the  deposi- 
tions and  statement  taken  before  him,  to  the  office  of  the 
clerk  of  the  superior  court  of  the  county.  [Amendment 
approved  1880;  Code  Amdts.  1880,  p.  35.] 

Legislation  §  1516.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §779);  ba?ed  on  Coroner's  Act.  Stats.  18.30,  p.  263,  §  11. 
which  liad  the  words  "district  court"  instead  of  "county  court,"  as 
in  orifjiual  code  section. 

2.  Amended  by  Code  Anidls.  1880,  j).  o'l,  changing  "county  court" 
to  "superior  ocurt." 

§  1517.  Coroner  to  issue  warrant,  when.  If  the  jury  find 
that  the  person  Avas  killed  hy  another,  under  circumstances 
not  excusable  or  justifia!)le  by  law,  or  that  his  death  was 
occasioned  by  the  act  of  another  by  criminal  means,  and  the 
party  committing  the  act  is  ascertained  by  the  inquisition,* 
and  is  not  in  custody,  the  coroner  must  issue  a  warrant, 
signed  by  him,  with  his  name  of  office,  into  one  or  more 
counties,  as  may  be  necessary  for  the  arrest  of  the  person 
charged. 

Legislation  §  1517.  Enacted  February  H,  1872  (X.  Y.  Code  Crim. 
Proc  §780);  in  substance  the  same  as  Coroner's  Act,  Stats.  ISoO, 
p.  2f).-,,  §  12. 

§1518.  Form  of  warrant.  The  coroner's  warrant  must 
be  in  substantially  the  following  form  : 

County  of . 

The  People  of  the  State  of  California,  to  any  Sheriff,  Con- 
stable, Marshal,  or  Policeman  in  this  State  : 

An  in(iuisition  having  l)een  this  day  found  by  a  coroner's 
jury  before  me,  stating  that  A.  B.  has  come  to  his  death  by 
the  act  of  C.  D.,  by  criminal  means  (or  as  the  case  may  be, 
as  found  by  the  inquisition),  you  are  therefore  commanded 
forthwith  to  arrest  the  above-named  C.  D.,  and  take  him  be- 
fore the  nearest  or  most  accessible  magistrate  in  this  county: 

Given  under  my  hand  this day  of ,  A.  D.  eighteen 

[nineteen]  .  E  F,  Coroner  of  the  County  of . 


tj73  SEARCH-WARRANTS.  §  1523 

Legislation  §  1518.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §781);  in  substance  the  same  as  Coroner's  Act,  Stats.  1850, 
p.  265, §  13. 

§1519.  How  served.  The  coroner's  warrant  may  bo 
served  in  any  county,  and  the  officer  serving  it  must  proceed 
thereon,  in  all  respects,  as  upon  a  warrant  of  arrest  on  an 
information  before  a  magistrate,  except  that  when  served  in 
another  county  it  need  not  be  indorsed  by  a  magistrate  of 
that  county. 

Legislation  §  1519.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §782);   in  substance   the  same  as   Coroner's  Act,  Stats.   1850, 

p.  26.5,  §  14. 

§  1520.  District  attorney  may  be  present.  The  district 
attorney  shall  have  the  right  to  be  present  at  any  and  all  in- 
quests held  by  the  coroner  when  he  has  reason  to  believe  a 
crime  has  been  committed. 

Legislation  §  1520.  Added  by  Stats.  1907,  p.  G66.  In  Stats.  1901, 
p.  501,  the  code  commissioners  added  a  section  numbered  1520,  en- 
titled "Stenographic  reporters  for  coroners,  ciualifications  and  duties 
of";  unconstitutional.     See  note,  §  5,  ante. 

CHAPTER  IIT. 

Search-warrants. 

§  1523.     Search-warrant  defined. 

§  1524.     Search-warrant,  when  may  be  issued. 

§  1525.     It  cannot  be  issued  but  upon  probable  cause,  etc. 

§  1526.     Magistrates  must  examine,  on  oath,  complainant,  etc. 

§"1527.     Depositions,  what  to  contain. 

§  152'8.     When  to  issue  warrant. 

§  1529.     Form  of  warrant. 

§  1530.     By  whom  served. 

§  1531.     Officer  may  break  open  door,  etc.,  to  execute  warrant. 

§  1532.     May   break   open   door,   etc.,  to  liberate   person   acting  in   his 

aid. 
§  1533.     When  warrant  may  be  served  in  the  night. 
§  1534.     Within  what  time  warrant  must  be  executed. 
§  1535.     Officer  to  give  receipt  for  property  taken. 
§  1536.     Property,  how  disposed  of. 
§  1537.     Eeturn    of    warrant    and    delivery    of    inventory    of   property 

taken. 
§  1538.     Copy  of  inventory,  to  whom  delivered. 
§  1539.     Proceedings,  if  grounds  of  warrant  are  controverted. 
§  1540.     Property,  when   to  be   restored  to  person   from  whom  it  was 

taken. 
§  1541.     Depositions,  warrants,  etc.,  to  be  returned  to  court. 
§  1542.     When  magistrate  may  direct  defendant  to  be  searched  in  his 

presence. 

§  1523.  Search-warrant  defined.  A  search-warrant  is  an 
order  in  writing,  in  the  name  of  the  people,  signed  by  a 

Pen.  Code— 43 


§  1524  PENAL    CODE.  674 

inagisli-ate,  directed  to  a  poacc-officor,  connna)idiiig  liim  to 
search  for  personal  property,  and  bring  it  before  the  magis- 
trate. 

Fonn  of  search-warrant:  Sec  post,  §§  1528,  1529. 
Legislation  §  1523,     Knacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §  791);  in  s\ibs1ance  tlic  same  as  Crim.  Prac.  Aft,  Stats.  1S51, 
p.  284,  §  (;iL'. 

§  1524.     Search-warrant,  when  may  be  issued.     Tt  may  be 

issued  upon  eitlioi*  of  tlio  following  grounds: 

1.  When  the  property  was  stolen  or  embezzled;  in  which 
case  it  may  be  taken  on  the  w^arrant  from  any  place  in  which 
it  is  concealed,  or  from  the  possession  of  the  person  by  whom 
it  was  stolen  or  embezzled,  or  from  any  person  in  whose  pos- 
session it  may  be. 

2.  When  it  w^as  used  as  the  means  of  committing  a  felony; 
in  which  case  it  may  be  taken  on  the  warrant  from  the  place 
in  wdiich  it  is  concealed,  or  from  the  possession  of  the  person 
by  whom  it  w^as  used  in  the  commission  of  the  offense,  or 
from  any  person  in  whose  possession  it  may  be. 

3.  When  it  is  in  the  possession  of  any  person  with  the  in- 
tent to  use  it  as  a  means  of  committing  a  public  offense,  or 
in  the  possession  of  another  to  whom  he  may  have  delivered 
it  for  the  purpose  of  concealing  it  or  preventing  its  being 
discovered ;  in  w^hich  case  it  may  be  taken  on  the  Avarrant 
from  such  person,  or  from  any  place  occupied  by  him,  or 
under  his  control,  or  from  the  possession  of  the  person  to 
whom  he  may  have  so  delivered  it. 

4.  When  the  property  is  a  cask,  keg,  bottle,  vessel,  siphon, 
can,  case,  or  other  package,  bearing  printed,  branded, 
stamped,  engraved,  etched,  blown,  or  otherwise  attached  or 
produced  thereon  the  duly  filed  trade-mark  or  name  of  the 
person  by  whom,  or  in  w^hose  behalf,  the  search-w^arrant  is 
applied  for,  in  the  possession  of  any  person  except  the  owner 
thereof,  wnth  intent  to  sell  or  traffic  in  the  same,  or  refill  the 
same  wdth  intent  to  defraud  the  OAvner  thereof,  wath  such 
intent,  and  without  such  owner's  consent  thereto,  or  unless 
the  same  shall  have  been  purchased  from  the  owner  thereof ; 
in  which  case  it  may  be  taken  on  the  warrant  from  such 
person,  or  from  any  place  occupied  by  him,  or  under  his  con- 
trol, or  from  the  possession  of  the  person  to  whom  he  may 
have  delivered  it.  [Amendment  approved  1899 ;  Stats.  1899, 
p.  87.] 

Issuance  of:  See  post,  §  1528. 

Form  of  search-warrant:  See  ante,  §  1523;  post,  §  1529. 
Legislation  §  1524.     1.  Enacted    Februaiy    14,    1872    (iST.    Y.    Code 
Crim,  Proc,,  §792);  based  on  Crim,  Prac,  Act,  Stats.  1851,  p.  284, 


675  SEARCH-Wx\RRANTS.  §  1528 

§  643,  which  read:  "§  643.  It  may  be  issued  whenever  property  has 
been  stolen  or  embezzled,  in  which  case  it  may  be  taken  on  the 
warrant  from  any  house  or  other  place  in  which  it  is  concealed,  or 
from  the  possession  of  the  person  by  whom  it  w^as  stolen  or  embez- 
zled, or  of  any  other  person  in  whose  possession  it  may  be." 

2.  Amended  by  Stats.  1899,  p.  87,  (1)  in  subd.  3,  changing  "the 
means  of  committing"  to  "a  means  of  committing,"  and  (2)  adding 
subd.  4. 

§  1525.  It  cannot  be  issued  but  upon  probable  cause,  etc. 
A  search-warrant  cannot  be  issued  but  upon  probable  cause, 
supported  by  affidavit,  naming  or  describing  the  person,  and 
particularly  describing  the  property  and  the  place  to  be 
searched. 

Probable  cause:  See  post,  §  1540. 

Legislation  §  1525.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc  §  793) ;  in  substance  the  same  as  Crim.  Prae.  Act,  Stats.  1851, 
p.  2S4,  §  644. 

§  1526.  Magistrates  must  examine,  on  oath,  complainant, 
etc.  The  magistrate  must,  before  issuing  the  "warrant,  ex- 
amine on  oath  the  complainant,  and  any  witnesses  he  may 
produce,  and  take  their  depositions  in  writing,  and  cause 
them  to  be  subscribed  by  the  parties  making  them. 

Legislation  §  1526.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §794);    in    exact   language   of   Crim.    Prac.    Act,    Stats.    1851, 

p.   284,  §  645. 

§  1527.  Depositions,  what  to  contain.  The  depositions 
must  set  forth  the  facts  tending  to  establish  the  grounds  of 
the  application,  or  probable  cause  for  believing  that  they 
exist. 

Legislation  §  1527.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
■  Proc.  §  795) ;    in    exact   language    of   Crim.   Prae.    Act,   Stats.    1851. 
p.  284,'  §  646. 

§  1528.  When  to  issue  warrant.  If  the  magistrate  is 
thereupon  satisfied  of  the  existence  of  the  grounds  of  the 
application,  or  that  there  is  probable  cause  to  believe  their 
existence,  he  must  issue  a  search-warrant,  signed  by  him 
with  his  name  of  office,  to  a  peace-officer  in  his  county,  com- 
manding him  forthwith  to  search  the  person  or  place  named, 
for  the  property  specified,  and  to  bring  it  before  the  magis- 
trate. 

Form  of  search-warrant:  See  ante,  §  1523;  post,  §  1529. 
Legislation  §  1528.     Enacted  February  14,  1872  (N.  Y,  Code  Crim. 

Proc,  §  796);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  284,  §  647. 


§  1532  PENAL    CODE.  G7G 

§  1529.  Form  of  warrant.  The  wan-aut  must  be  in  sub- 
stantially the  i'olloAving  form  : 

County  of . 

The  People  of  the  State  of  Caiiroi-nia  to  any  Slicriff,  Con- 
stable, Marshal,  or  Policeman  in  the  (;Ounty  of : 

Proof,  by  affidavit,  havings  been  this  day  made  before  me 
by  (naming  every  person  whose  affidavit  has  been  taken), 
that  (stating  the  grounds  of  the  application,  according  to 
section  fifteen  hundred  and  twenty-five,  or,  if  the  affidavit 
be  not  positive,  that  there  is  probable  cause  for  l)elieving 
that — stating  the  ground  of  the  application  in  the  same  man- 
ner), you  are  therefore  commanded,  in  the  daytime  (or  at 
any  time  of  the  day  or  night,  as  the  case  may  be,  according 
to  section  fifteen  hundred  and  thirty-three),  to  make  imme- 
diate search  on  the  person  of  C.  D.  (or  in  the  house  situated 

,  describing  it  or  any  other  place  to  be  searched,  with 

reasonable  particularity,  as  the  case  may  be)  for  the  follow- 
ing property:  (describing  it  with  reasonable  particularity)  ; 
and  if  you  find  the  same  or  any  part  thereof,  to  bring  it 
forth Avith  before  me  at  (stating  the  place). 

Given  under  my  hand,  and  dated  this  ■ — —  day  of  , 

A.  D.  eighteen  [nineteen]  ■ . 

E.  F.,  Justice  of  the  Peace  (or  as  the  case  may  be). 
Search-warrant,  form  of:   See  ante,  §§  1523,  1528. 
Legislation  §  1529.     Enacted  Februarj^  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §  797);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  284,  §  648.    ^ 

§  1530.  By  whom  served.  A  search-Avarrant  may  in  all 
cases  be  served  by  any  of  the  officers  mentioned  in  its  direc- 
tions, but  by  no  other  person,  except  in  aid  of  the  officer  on 
his  requiring  it,  he  being  present  and  acting  in  its  execution. 
Legislation  §  1530.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  798) ;    in    exact   language    of    Crim.   Prac.    Act,    Stats.    1851, 

p.  285,  §  649. 

§  1531.  Officer  may  break  open  door,  etc.,  to  execute  war- 
rant. The  officer  may  break  open  any  outer  or  inner  door 
or  window  of  a  house,  or  any  part  of  a  house,  or  anything 
therein,  to  execute  the  Avarrant,  if,  after  notice  of  his  author- 
ity and  purpose,  he  is  refused  admittance. 

Legislation  §  1531.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  799)  ;  in  substance  the  same  as  Crim.  Prac  Act,  Stats.  1851, 

p.  285,  §  650. 

§  1532.  May  break  open  door,  etc.,  to  liberate  person  act- 
ing in  his  aid.     He  may  break  open  any  outer  or  inner  door 


077  SEARCH-WARRANTS.  §  1536 

or  window  of  a  house,  for  the  purpose  of  liberating  a  person 
who,  having  entered  to  aid  him  in  the  execution  of  the  war- 
rant, is  detained  therein,  or  wheJi  necessary  for  his  own 
liberation. 

Legislation  §  1532.     Kiiaoted  Fel)ruaiy  14,  1872  (N.  Y.  Code  Grim. 

Pro('.,  §  800) ;    in    exni't    language    of    Grim.    Piae.    Act,    Stats.    1851, 

p.  285.  §  G51. 

§  1533.     When  warrant  may  be  served  in  the  night.     The 

magistrate  must  insert  a  direction  in  the  warrant  that  it 
be  served  in  the  daytime,  unless  the  affidavits  are  positive 
that  the  property  is  on  the  i3erson  or  in  the  place  to  be 
searched,  in  which  case  he  may  insert  a  direction  that  it  be 
served  at  any  time  of  the  day  or  night. 

Legislation  §  1533.     Enacted  February  14,  1872  (X.  Y.  Code  Grim. 

Proc,  §  801);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 

p.  285,  §  652. 

§  1534.     Within  what  time  warrant  must  be  executed.     A 

search-Avarrant  must  be  executed  and  returned  to  the  magis- 
trate Avho  issued  it  within  ten  days  after  its  date ;  after  the 
expiration  of  this  time  the  warrant,  unless  executed,  is  void. 
Legislation  §  1534.     Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §802);    based   on   Grim.   Prac.   Act,   Stats.   1851,   p.   285,  §  653, 
which   read:    "§  653.     A   search-warrant   must   be   executed   and   re- 
turned to  the   magistrate  who  issued  it  within  tive   days  after  its 
date,  and  if  in  any  other  county,  within  thirty  days;  after  the  expi- 
ration  of   these   times,   respectively,   the   warrant   shall,   unless   exe- 
cuted, bo  void." 

§  1535.  Officer  to  give  receipt  for  property  taken.  When 
the  officer  takes  property  under  the  warrant,  he  must  give  a 
receipt  for  the  property  taken  (specifying  it  in  detail)  to 
the  person  from  whom  it  was  taken  by  him,  or  in  whose  pos- 
session it  Avas  found;  or,  in  the  absence  of  any  person,  he 
must  leave  it  in  the  place  where  he  found  the  property. 

Legislation  §  1535.  Enacted  February  14,  1872  (N.  Y.  Code  Grim. 
Proc,  §803);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 
p.  285, §  654. 

§  1536.  Property,  how  disposed  of.  When  the  property 
is  delivered  to  the  magistrate,  he  must,  if  it  was  stolen  or 
embezzled,  or  if  it  Avas  taken  on  a  warrant  issued  on  the 
grounds  stated  in  the  fourth  subdivision  of  section  fifteen 
hundred  and  tAventy-four  of  this  code,  dispose  of  it  as  pro- 
vided in  sections  fourteen  hundred  and  eight  and  fourteen 
hundred  and  thirteen,  inclusi\'e.  If  it  Avas  taken  on  a  AA^ar- 
rant  issued  on  the  grounds  stated  in  the  second  and  third 
subdivisions  of  section  fifteen  hundred  and  tA\^enty-four,  he 
must  retain  it  in  his  possession,  subject  to  the  order  of  the 


^  1539  I'KNAL   CODK.  G78 

court  to  Avliicli  he  is  re(iuirc(l  to  rotui'ii  tlie  proceedings  be- 
fore him,  or  of  any  other  court  in  wliieli  the  offense  in  re- 
spect to  which  tlie  pro])erty  taken  is  ti-iable.  [Anicnchnent 
approved  li)0;5 ;  Stats.  11)08,  ]>.  81.] 

Legislation  §  1536.  1.  Knactcl  IVhrumy  J-l,  1872  (\.  Y.  Code! 
Criin.  I'roc,  §  SOO;  bascl  on  Criin.  Prac."  Act,  Stats.  IS.51,  p.  28."), 
§  (iu.l,  wliich  read:  "§  6')').  Wlioii  the  property  is  delivered  to  the 
magistrate,  he  shall,  if  it  was  stolen  or  embezzled,  dispose  of  it  as 
provided  in  sections  six  hundred  and  three  to  six  hundred  and  seven, 
both  inclusive." 

2.  Amended  by  Stats.  1903,  p.  SJ,  iu  first  sentence,  after  "stolen 
or  embezzled,"  adding  "or  if  it  was  taken  on  a  warrant  issued  on 
the  grounds  stated  in  the  fourth  subdivision  of  section  fifteen  hun- 
dred and  twenty-four  of  this  code." 

§  1537.  Return  of  warrant  and  delivery  of  inventory  of 
property  taken.  The  officer  must  forthwith  return  the  war- 
rant to  the  magistrate,  and  deliver  to  him  a  Avritten  inven- 
toiy  of  the  property  taken,  made  publicly  or  in  the  presence 
of  the  person  from  whose  possession  it  was  taken,  and  of  the 
applicant  for  the  warrant,  if  they  are  present,  verified  by 
the  affidavit  of  the  officer  at  the  foot  of  the  inventory,  and 
taken  before  the  magistrate  at  the  time,  to  the  following 
effect:  ''I,  R.  S.,  the  officer  by  whom  this  Avarrant  Avas  exe- 
cuted, do  swear  that  the  above  inventory  contains  a  true  and 
detailed  account  of  all  the  property  taken  by  me  on  the  Avar- 
rant. ' ' 

Legislation  §  1537.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §  S0.5);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  18.51, 

p.  283,  §  656. 

§  1538.     Copy    of   inventory,    to    whom    delivered.     The 

magistrate  must  thereupon,  if  required,  deliver  a  copy  of  the 
inventory  to  the  person  from  AA^hose  possession  the  property 
was  taken,  and  to  the  applicant  for  the  Avarrant. 

Legislation  §  1538.     Enacted  February  14,  1872  (N.  Y^  Code  Crim. 

Proc,  §  806);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 

p.  285,  §  657. 

§  1539.  Proceedings,  if  grounds,  of  warrant  are  contro- 
verted. If  the  grounds  on  Avhich  the  Avarrant  Avas  issued  be 
controverted,  he  must  proceed  to  take  testimony  in  relation 
thereto,  and  the  testimony  of  each  Avitness  must  be  reduced 
to  Avriting  and  authenticated  in  the  manner  prescribed  in 
section  eight  hundred  and  sixty-nine. 

Legislation  §  1539.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc,  §807);  based  on  Crim.  Prac  Act,  Stats.  1851,  p.  285,  §§  658, 
659,  the  former  section  being  identical  with  the  first  clause  of  the 
code  section,  and  §  659  reading,  "§  659.  The  testimony  given  by 
each  witness  must  be  reduced  to  writing,  and  certified  by  the 
magistrate." 


67i)  SfiARClI-WAKRANTS.  ^  l'A'2 

§  1540.  Property,  when  to  be  restored  to  person  from 
whom  it  was  taken.  If  it  appears  that  the  property  taken 
is  not  the  same  as  that  described  in  the  warrant,  or  that 
there  is  no  probable  cause  for  believing  the  existence  of  the 
grounds  on  which  the  warrant  was  issued,  the  magistrate 
must  cause  it  to  be  restored  to  the  person  from  whom  it  was 
taken. 

Probable  cause:  See  ante,  §  1525. 

Legislation  §  1540.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proe..  §  S09);  in  substance  the  same  as  Crim.  Prae.  Act,  Stats.  1851, 
p.  285,  §  660. 

§  1541.  Depositions,  warrants,  etc.,  to  be  returned  to 
court.  The  magistrate  must  annex  the  depositions,  the 
search-warrant  and  return,  and  the  inventory,  and  if  he  has 
not  power  to  inquire  into  the  offense  in  respect  to  which  the 
warrant  was  issued,  he  must  at  once  file  it  and  such  deposi- 
tions and  return  with  the  clerk  of  the  court  having  power 
to  so  inquire.  [Amendment  approved  1905 ;  Stats.  1905, 
p.  709.] 

Legislation  §  1541.  1.  Enacted  February  14,  1872  (N.  Y.  Code 
Crim.  Proc,  §  810);  in  substance  the  same  as  Crim.  Prac.  Act.  Stats. 
1851,  p.  286,  §  661,  which  had  "court  of  sessions"  instead  of  "county 
court,"  as  in  original  code  section.  When  enacted  in  1872,  §  1541 
read:  "1541.  The  magistrate  must  annex  together  the  depositions, 
the  search-warrant  and  return,  and  the  inventory,  and  return  them 
to  the  next  term  of  the  county  court  having  power  to  inquire  into 
the  offenses  in  respect  to  which  the  search-warrant  was  issued,  at 
or  before  its  opening  on  the  first  day." 

2.  Amendment  by  Stats.  1901,  p.  501;  unconstitutional.  See  note, 
§  5,  ante. 

3,  Amended  by  Stats.  1905,  p.  709. 

§  1542.  When  magistrate  may  direct  defendant  to  be 
searched  in  his  presence.  When  a  person  charged  Avith  a 
felony  is  supposed  by  the  magistrate  before  whom  he  is 
brought  to  have  on  his  person  a  dangerous  weapon,  or  any- 
thing which  may  be  used  as  evidence  of  the  commission  of 
the  offense,  the  magistrate  may  direct  him  to  be  searched  in 
his  presence,  and  the  weapon  or  other  thing  to  be  retained, 
subject  to  his  order,  or  to  the  order  of  the  court  in  which 
the  defendant  may  be  tried. 

Legislation  §  1542.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §813);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1S51, 

p.  286,  §G61. 


s;  ir)47  I'KNAL    CODK.  (ISO 

CHAPTER  IV. 

Proceedings  against  Fugitives  from  Justice. 

§  l.')47.  Rewards  for  the  apprclicnsioii  of  fugitives  from  justice. 

§  1548.  Fugitives  from  anotlier  state,  when  to  be  delivered  up. 

§  1549.  Magistrate  to  issue  warrant. 

§  1550.  Proceedings    for   the    arrest    and    coinniitnicnt    of   the    person 

charged. 

§  1551.  When  and  for  wliat  time  to  be  committed. 

§  1552.  His  admission  to  bail. 

§  ISS.S.  Magistrate  must  notify  district  attorney  of  the  arrest. 

§  1554.  Duty  of  the  district  attorney. 

§  1555.  Person  arrested,  when  to  be  discharged. 

§  1556.  Magistrate  to  return  his  proceedings  to  superior  court. 

§  1557.  Accounts  for  returning  fugitives. 

§  1558..  No   fee  or   reward   to  be   paid   to   or  received   by  any   public 
ofTicer  jirocnriiig  the  surrender  of  fugitives,  etc. 

§  1547.  Rewards  for  the  apprehension  of  fugitives  from 
justice.  The  governor  may  offer  a  reward  not  exceeding 
one  thousand  dollars  ($1000)  payable  out  of  the  general 
fund,  for  the  apprehension — - 

1.  Of  any  convict  who  has  escaped  from  the  state's  prison ; 

2.  Of  any  person  who  has  committed,  or  is  charged  with 
the  commission  of  an  offense  punishable  with  death ; 

3.  For  the  arrest  of  each  person  engaged  in  the  robbery 
of,  or  any  attempt  to  rob  any  person  or  persons  upon  or 
having  in  charge  in  whole  or  in  part  any  stage-coach,  wagon, 
railroad  train  or  other  conveyance  engaged  at  the  time  in 
carrying  passengers  or  any  private  conveyance  Avithin  this 
state. 

The  reward  to  be  paid  to  the  person  or  persons  making  the 
arrest,  immediately  upon  the  conviction  of  the  person  or  per- 
sons so  arrested.  [Amendment  approved  1905 ;  Stats.  1905, 
p.  223.] 

Legislation  §  1547.  1.  Enacted  February  14,  1872;  based  on  Stats. 
1851,  p.  443,  §  1,  which  read:  "§  1.  If  any  person  who  Jias  been 
sentenced  to  confinement  in  the  state  penitentiary  by  any  court 
having  competent  authority  within  this  state,  shall  escape  there- 
from or  if  any  person  shall  commit  treason  against  the  state,  or 
shall  be  charged  with  murder  or  the  perpetration  of  any  crime  pun- 
ishable with  death,  the  governor  is  authorized,  upon  satisfactory  evi- 
dence of  the  guilt  of  the  accused,  to  offer  a  reward  for  his  or  their 
apprehension,  which  reward  shall  not  exceed  the  sum  of  one  thou- 
sand dollars,  and  shall  be  paid  out  of  the  general  fund."  When 
enacted  in  1872,  §  1547  read:  "1547.  The  governor  may  offer  a  re- 
ward, not  exceeding  one  thousand  dollars,  payable  out  of  the  general 
fund,  for  the  apprehension:  1.  Of  any  convict  who  has  escaped  from 
the  state  prison;  or,  2.  Of  any  person  who  has  committed,  or  is 
charged  with  the  commission  of,  an  offense  punishable  with  death." 

2.  Amended  by  Stats.  1905,  p.  223,  the  final  paragraph  of  the  sec- 
tion   as   amended   containing   a   repealing   clause,   reading,   "An   act 


681  PROCEEDINGS  AGAINST  FUGITIVES  FROM   JUSTICE,       §  1551 

entitled   an   a(?t  imposing  certain   duties  upon   the   governor  of  the 
state,  approved  April  3,  1876,  is  hereby  repealed." 

§  1548.  Fugitives  from  another  state,  when  to  be  de- 
livered up.  A  person  charged  in  any  state  of  the  United 
States  with  treason,  felony,  or  other  crime,  who  flees  from 
justice  and  is  found  in  this  state,  must,  on  demand  of  the 
executive  authority  of  the  state  from  which  he  fled,  be  de- 
livered up  by  the  governor  of  this  state,  to  be  removed  to 
the  state  having  jurisdiction  of  the  crime. 

Delivered,  to  whom.  IT.  S.  Rev.  Stats.,  §  5278,  provides  that  after 
the  demand,  above  referred  to,  has  been  made  upon  the  executive 
of  a  state,  it  shall  be  his  duty  "to  cause  him,"  the  fugitive,  "to  be 
arrested  and  secured,  and  to  cause  notice  of  the  arrest  to  be  given 
to  the  executive  authority  making  such  demand,  or  to  the  agent  of 
such  authority  appointed  to  receive  the  fugitive,  and  to  cause  the 
fugitive  to  be  delivered  to  such  agent  when  he  shall  appear." 

Evidence  of  the  charge.  The  evidence  required  that  a  person 
whose  delivery  is  demanded  has  been  charged  with  the  commission 
of  a  crime,  is  "a  copy  of  an  indictment  found  or  an  affidavit  made 
before  a  magistrate  of  any  state  or  territory,  charging  the  person 
.with  having  committed"  the  particular  crime  therein  set  forth. 
This  copy  must  be  "certified  as  authentic  by  the  governor,  or  other 
chief  magistrate,  of  the  state  or  territory  from  whence  the  person 
so  charged  has  fled":  U.  S.  Rev.  Stats.,  §  5278. 

Legislation  §  1548.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  286,  §  665,  which  had  the  words  "or  ter- 
ritory" after  "state"  in  the  first  and  third  instances. 

§  1549.  Magistrate  to  issue  warrant.  A  magistrate  may 
issue  a  warrant  for  the  apprehension  of  a  person  so  charged, 
who  flees  from  justice  and  is  found  in  this  state. 

Legislation  §  1549.     Enacted  February  14,  1872  (N.  Y.  Code  Crim. 

Proc,  §828);  in  substance  the  same  as'Crim.  Prac.  Act,  Stats.  1851, 

p.  286,  §  666. 

§  1550.  Proceeding's  for  the  arrest  and  commitment  of  the 
person  charg-ed.  The  proceedings  for  the  arrest  and  com- 
mitment of  a  person  charged  are,  in  all  respects,  similar  to 
those  provided  in  this  code  for  the  arrest  and  commitment 
of  a  person  charged  with  a  public  offense  committed  in  this 
state,  except  that  an  exemplified  copy  of  an  indictment 
found,  or  other  judicial  proceedings  had  against  him  in  the 
state  in  which  he  is  charged  to  have  committed  the  offense, 
may  be  received  as  evidence  before  the  magistrate. 

Legislation  §  1550.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proc.  §829);  based  on  Crim.  Prac.  Act,  Stats.  1851,  p.  286,  §  667, 
which  had  the  words  "or  territory"  after  "state"  in  second  instance. 

§  1551.    When  and  for  what  time  to  be  committed.     If, 

from  the  examination,  it  appear  that  the  accused  has  com- 
mitted the  crime  alleged,  the  magistrate,  by  warrant  reciting 


§  1555  PENAL    CODE.  682 

the  accusation,  must  eouiniit  liiin  to  tlie  pi-opcr  custody  in 
his  county,  for  such  time,  to  be  specified  in  the  warrant,  as 
the  magistrate  may  deem  reasonal)le,  to  enal)le  the  arrest  of 
the  fugitive  under  the  warrant  of  the  executive  of  this  state, 
on  the  requisition  of  the  executive  authority  of  the  state  in 
which  he  committed  the  offense,  unless  he  gives  bail  as  pro- 
vided in  the  next  section,  or  until  he  is  legally  discharged. 

Legislation  §  1551.  Enacted  February  14,  1872  (X.  Y.  Code  Grim. 
Proc,  §830);  based  on  Grim.  Prac.  Act,  Stats.  ISol,  p.  286,  §  668, 
which  read:  "§  C68.  If  from  the  examination  it  appear  that  the 
])erson  cliarged  has  committed  treason,  felon}"-,  or  other  crime 
charged,  the  magistrate,  by  warrant  reciting  the  accusation,  shall 
commit  him  to  the  iiroper  custody  within  his  county,  for  a  time  to 
be  specified  in  the  warrnnt,  which  the  majiistrate  may  deem  reason- 
able to  enable  the  arrest  of  the  fugitive  under  the  warrant  of  the 
executive  of  this  state,  on  the  rerpiisition  of  the  executive  authority 
of  the  state  or  territory  in  which  he  committed  the  offense,  unless 
he  give  bail  as  provided  in  the  next  section,  or  until  he  be  legally 
discharged." 

§  1552.  His  admission  to  bail.  The  magistrate  may  admit 
the  person  arrested  to  bail  by  an  undertaking  with  sufficient 
securities,  and  in  such  sum  as  he  deems  proper,  for  his  ap- 
pearance before  him  at  a  time  specified  in  the  undertaking, 
and  for  his  surrender  to  arrest  upon  the  warrant  of  the  gov- 
ernor of  this  state. 

Legislation  §  1552.  Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 
Proc,  §  831);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 

p.  287,  §  6G9. 

§  1553.  Magistrate  must  notify  district  attorney  of  the 
arrest.  Immediately  upon  the  arrest  of  the  person  charged, 
the  magistrate  must  give  notice  thereof  to  the  district  attor- 
ney of  the  county. 

Legislation  §  1553.     Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 

Proc,  §  832);  in  substance  the  same  as  Grim.  Prac.  Act,  Stats.  1851, 

p.  287,  §  670. 

§  1554.  Duty  of  the  district  attorney.  The  district  at- 
torney must  immediately  thereafter  give  notice  to  the 
executive  authority  of  the  state,  or  to  the  prosecuting  attor- 
ney or  presiding  judge  of  the  court  of  the  city  or  county 
within  the  state  having  jurisdiction  of  the  offense,  to  the 
end  that  a  demand  may  be  made  for  the  arrest  and  surren- 
der of  the  person  charged. 

Legislation  §  1554.  Enacted  February  14,  1872  (N.  Y.  Gode  Grim. 
Proc,  §833);  based  on  Grim.  Prac  Act,  Stats.  1851,  p.  287,  §  671, 
which  had  (1)  the  words  "or  territory"  after  "state"  in  both  in- 
stances,  and    (2)   the  word   "criminal"  before   "court." 

§  1555.  Person  arrested,  vi^hen  to  be  discharged.  Tlie 
person  arrested  nnist  be  discharged  from  custody  or  bail, 


683  PROCEJJDINGS  AGAINST  FUGITIVES  FROM   JUSTICE.       §  1557 

unless,  before  the  expiration  of  the  time  designated  in  the 

warrant  or  undertaking,  he  is  arrested  under  the  warrant 

of  the  governor  of  this  state. 

Legislation  §  1555.  Enacted  February  14,  1872  (N.  Y.  Code  Crim. 
Proe.,  §  834);  in  substance  the  same  as  Crim.  Prac.  Act,  Stats.  1851, 
p.  2S7,  §  672. 

§  1556.  Magistrate  to  return  his  proceedings  to  superior 
court.  The  magistrate  must  return  his  proceedings  to  the 
superior  court  of  the  county,  which  must  thereupon  inquire 
into  the  cause  of  the  arrest  and  detention  of  the  person 
charged,  and  if  he  is  in  custody,  or  the  time  of  his  arrest 
has  not  elapsed,  it  may  discharge  him  from  detention,  or 
may  order  his  undertaking  of  bail  to  be  canceled,  or  may 
continue  his  detention  for  a  longer  time,  or  readmit  him  to 
bail,  -to  appear  and  surrender  himself  within  a  time  specified 
in  the  undertaking.  [Amendment  approved  1880;  Code 
Amdts.  1880,  p.  35. J 

Legislation  §  1556.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  287,  §  673,  whicli  had  the  words  "court  of 
sessions"  instead  of  "county  court,"  as  in  original  code  section. 

2.  Amended  by  Code  Amdts.  1880,  p.  35,  changing  (1)  "next 
county  court"  to  "superior  court,"  (2)  "time  for  his  arrest"  to  "time 
of  his   arrest,"  and   (3)   "time  to  be   specified"  to   "time  specified." 

§  1557.  Accounts  for  returning  fugitives.  When  the 
governor  of  this  state,  in  the  exercise  of  the  authority  con- 
ferred by  section  2,  article  -4,  of  the  constitution  of  the 
United  States,  or  by  the  laws  of  this  state,  demands  from 
the  executive  authority  of  any  state  of  the  United  States, 
or  of  any  foreign  government,  the  surrender  to  the  authori- 
ties of  this  state  of  a  fugitive  from  justice,  who  has  been 
found  and  arrested  in  such  state  or  foreign  government,  the 
accounts  of  the  person  employed  to  bring  back  such  fugi- 
tive must  be  audited  by  the  board  of  control  and  paid  out 
of  the  state  treasury ;  provided,  however,  that  the  state  shall 
not  pa}^  the  expenses  of  any  such  person  so  employed  where 
the  fugitive  returned  is  not  placed  on  trial,  but  such  ex- 
pense shall  be  a  charge  upon  the  county  asking  the  requisi- 
tion.     [Amendment  approved  1913;  Stats.  1913,  p.  241.] 

Legislation  §  1557.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  §  674,  as  amended  by  Stats.  1854,  Kerr  ed.  p.  169,  Eedding 
ed.  p.  80,  §  1,  which  read:  "§  674.  When  the  governor  of  this  state, 
in  the  exercise  of  the  authority  conferred  by  section  two,  article 
four,  of  the  constitution  of  the  United  States,  or  by  the  laws  of 
this  state,  shall  demand  from  the  executive  authority  of  any  state 
or  territory  of  the  United  States,  or  of  any  foreign  government,  the 
surrender  to  the  authorities  of  this  state  of  a  fugitive  from  .instice, 
who  shall  be  found  and  arrested  in  such  state,  territory  or  foreign 
government,  the  acco\ints  of  the  jierson  employed  l>y   him   to  bring 


§  1564  rioNAL  coDt:.  ,  684 

back  sudi  I'uj^itive  shall  Ik-  Mtulitcil  liy  the  (•()ini)tr()lier,  and  paid 
out  of  the  state  treasury."  Tlio  section  as  enacted  in  1872  was 
almost  identical  with  the  above,  the  only  change  consisting  in  the 
omission  of  the  word  "territory"  in  both  instances  in  which  it  was 
used. 

2.   Amended   by   Stats.   1913,   p.   211,   tlic  cliaii;^!'   t'lDui   the   section 
as  it  was  enacted  in  1872  consisting  in  the  addition  of  the  proviso. 

§  1558.  No  fee  or  reward  to  be  paid  to  or  received  by 
any  public  officer  procuring'  the  surrender  of  fugitives,  etc. 
No  coinpensatioii,  fee.  or  reward  of  any  kind  can  be  i)ai(l 
to  or  received  by  a  public  officer  of  tbis  state,  or  other  i)er- 
son,  for  a  service  rendered  in  procurin<::  from  the  <^overnor 
the  demand  mentioned  in  the  last  section,  or  the  surrender 
of  the  fugitive,  or  for  conveying  him  to  this  state,  or  de- 
taining him  therein,  except  as  provided  for  in  such  section. 
Legislation  §  1558.     Enacted  February   14,  1872. 


CHAPTER  V. 

Miscellaneous  Provisions  Respecting  Special  Proceedings  of  a  Criminal 

Nature. 

§  15G2.     Parties  to  special  proceedings,  how  designated. 
§  1563.     Entitling  affidavits. 
§  1564.     Subpoenas. 

§  1562.     Parties  to  special  proceedings,  how  designated. 

The  party  prosecuting  a  special  proceeding  of  a  criminal 
nature  is  designated  in  this  code  as  the  complainant,  and 
the  adverse  party  as  the  defendant. 

Legislation  §  1562.     Enacted  February   14,   1872. 

§  1563.  Entitling  affidavits.  The  provisions  of  section 
fourteen  hundred  and  one,  in  respect  to  entitling  affidavits, 
are  applicable  to  such  proceedings. 

Erroneous  title  or  want  of  title,  effect  of:  See  ante,  §§  1401,  1460. 

Legislation  §  1563.     Enacted  February   14,   1872. 

§  1564.  Subpoenas.  The  courts  and  magistrates  before 
whom  such  proceedings  are  prosecuted  may  issue  subpoenas 
for  w^itnesses,  and  punish  their  disobedience  in  the  same 
manner  as  in  a  criminal  action. 

Legislation  §1564       Enacted  Fobruarv  14,  1872 


685  BRINGING  PRISONERS  BEFORE  COURT.        §  1567 


TITLE  XIll. 

Proceedings  for  Bringing-  Persons  Imprisoned  in  the  State 
Prison,  or  the  Jail  of  Another  County,  Before  a  Court. 

§  1567.     Persons  imprisoned  in  the  state  prison  or  the  jail  of  another 
count}',  how  brought  before  a  court. 

§  1567.  Persons  imprisoned  in  the  state  prison  or  the  jail 
of  another  county,  how  brought  before  a  court.  When  it  is 
necessary  to  have  a  person  imprisoned  in  the  state  prison 
brought  before  any  court,  or  a  person  imprisoned  in  a 
county  jail  brought  before  a  court  sitting  iu  auother  county, 
an  order  for  that  purpose  may  be  made  by  the  court  and 
executed  by  the  sheriff  of  the  county  where  it  is  made. 

Deposition  of  prisoner,  when  and  how  taken:  See  ante,  §  1333. 

Prisoner  as  witness,  proceedings  on  bringing  in:   See  ante,  §  1333. 

Legislation  §  1567.  Enacted  February  li,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1S51,  p.  289,  §  6S3,  which  read:  "§  6S3.  When  it 
is  necessary  for  any  purpose  to  have  a  person  who  is  in  prison  in  any 
part  of  the  state  brought  before  a  court  of  criminal  jurisdiction,  an 
order  for  that  purpose  may  be  made  by  the  court,  and  the  order 
shall  be  executed  by  the  sheriff  of  the  county  where  it  is  made." 


§  1570  I'KNAL    CODK.  G86 

TITLE  XIV. 

Disposition  of  Fines  and  Forfeitures. 

S  l")7<l.     Fines  and  fort'ci tines,  how  disposed  of. 

§  1570.  Fines  and  forfeitures,  how  disposed  of.  All  fines 
and  forfeitures  collpcted  in  any  coui-t,  except  police  courts 
and  eity  justices  courts,  must  be  paid  to  the  county  treas- 
urer of  the  county  in  which  the  court  is  held;  provided,  that 
all  forfeitures  and  fines  collected  in  any  court,  for  the  vio- 
lation of  any  city  or  town  ordinance  shall  be  paid  to  the 
city  or  town  treasurer  of  the  city  or  town  in  which  such 
ordinance  is  in  force;  and  further  provided,  that  all  fines 
and  forfeitures  collected  in  any  police  court  or  city  justice's 
court  that  is  maintained,  and  the  salaries  of  the  officers 
thereof,  paid  by  the  city,  shall  be  paid  to  the  city  treasurer 
of  the  city  in  which  such  court  is  located,  subject,  however, 
to  the  provisions  of  chapter  one  of  title  fifteen  of  part  one 
of  this  code.  [Amendment  approved  1905;  Stats.  1905,  p. 
176.] 

Fines,  how  disposed  of:  See  ante,  §  1457. 

Forfeitures,  how  disposed  of:  See  ante,  §  1457. 

Legislation  §  1570.  1.  Enacted  February  14,  1872;  based  on  Crim. 
Prac.  Act,  Stats.  1851,  p.  288,  §  679,  which  had  the  words  "of  this 
state"  after  "in  any  court."  When  enacted  in  1872,  §  1570  read: 
"1570.  All  fines  and  forfeitures  collected  in  any  court,  must  be 
applied  to  the  payment  of  the  costs  of  the  ease  in  which  the  fine 
is  imposed  or  the  forfeiture  incurred;  and  after  such  costs  are  paid, 
the  residue  must  be  paid  to  the  county  treasurer  of  the  county  in 
which  the  court  is  held." 

2.  Amended  by  Code  Amdts.  1873-74,  p.  454,  inserting  "except 
police  courts"  after  "in  any  court." 

3.  Amended  by  Stats.  1901,  p.  88,  to  read:,  "1570.  All  fines  and 
forfeitures  collected  in  any  court  must  be  paid  to  the  county  treas- 
urer of  the  county  in  which  the  court  is  held;  provided,  that  all 
forfeitures  and  fines  collected  in  any  court  for  the  violation  of  any 
city  ordinance  shall  be  paid  to  the  city  treasurer  of  the  city  in 
which  such  ordinance  is  in  force." 

4.  Amended  by  Stats.  1905,  p.  176. 


TAKT  ill. 

THE  STATE  PRISONS  AND  COUNTY 
JAILS. 

Title  I.     State    Prisons.     §§  1572-1596. 
IT.     County  Jails.    §§  1597-1616. 

(6S7) 


(580  STATE    I'UISOXS. 

TITLE    1. 
State  Prisons. 

§  1572.  Names  of  state  prisons. 

§  1573.  Directors,  how  appointed. 

§  1574.  President  of  board,  election  and  duties  of. 

§  1575.  Quorum. 

§  1576.  Directors,  duties  of. 

§  1577.  Wardens,  appointment  of,  and  term  of  office. 

§  1578.  Duties  of  prison  wardens. 

§  1579.  Prisoners,  release  and  restoration  of,  to  citizenship. 

§  1580.  Clerks,  appointment  and  duties  of. 

§  1581.  Eemoval  of  wardens,  clerks,  etc. 

§  1582.  Wardens  and  clerks,  salaries,  etc. 

§  1583.  Contracts. 

§  1584.  Moneys  received  at  San  Quentin  or  Folsom. 

§  1585.  Moneys  collected  by  wardens,  receipts  to  be  given  for. 

§  1586.  Convicts,  employment  of. 

§  1587.  Prisoners,  treatment  of. 

§  1588.  Prisoners,  credits  of. 

§  1589.  Prisoners,  United  States. 

§  1590.  Directors,  powers  of. 

§  1591.  Officers    and    employees,    not    to    receive    other    compensation 

than  that  allowed  by  directors. 

§  1592.  Officers  and  employees,  not  to  make  or  receive  gifts,  etc. 

§  1593.  Annual  reports. 

§  1594.  Bonds  of  officers  and  employees. 

§  1595.  Eebuilding  of  buildings  destroyed  by  fire. 

§  1596.  Reports. 

Legislation  Title  I.  1.  Enacted  February  14,  1872,  and  then  con- 
sisted of  Chapter  I,  §§  1573-1586,  and  Chapter  II,  §§  1590-1595;  the 
code  commissioner  saying  of  Chapter  I,  that  it  was  "based  upon  the 
following  statutes:  Stats.  1S5S,  p.  259,  §§  4,  5,  9-12;  Stats.  1860, 
p.  341,  §1;  Stats.  1863-64,  p.  24,  §  1;  Stats.  1867-68,  p.  141,  §  1," 
and  of  Chapter  II,  that  it  "embraces  the  provisions  of  an  act  to 
confer  further  powers  upon  the  governor  of  this  state  in  relation  to 
the  pardon  of  criminals,  approved  April  4,  1864  (Stats.  1863-64, 
p.  356);  an  act  to  amend  above-cited  act,  approved  March  7,  1868 
(Stats.  1867-68,  p.  Ill);  an  act  to  amend  above-cited  act,  approved 
March  30,  1868  (Stats.  1867-68,  p.  675) ;  and  an  act  to  authorize  the 
board  of  state  prison  directors  to  recommend  the  pardon  of  convicts 
in  the  state  prison,  approved  March  9,  1868  (Stats.  1867-68,  p.  116)." 

2.  Repeal  of  the  sections  composing  the  title  by  Stats.  1901, 
p.  502  (unconstitutional.  See  note,  §  5,  ante);  the  code  commis- 
sioners saying  of  the  sections,  "They  apply  to  the  government  of  the 
state  prisons,  and  have  been  completely  sup)planted  by  the  present 
constitution  and  the  statutes  adopted  in  pursuance  thereof." 

3.  Repealed  by  Stats.  1905,  p.  645,  the  repealing  section  reading, 
"Section  1.  Title  I  of  Part  III  of  the  Penal  Code  and  each  and 
every  section  thereof  are  hereby  repealed,"  and  the  code  commis- 
sioner saying  (enumerating  the  sections  composing  the  title).  "These 
sections,  which  then  comprised  Title  I  of  Part  Hi  of  the  Penal  Code, 
with  the  exception  of  the  last  sentence  of  §  1593,  had  been  com- 
pletely  superseded     by   the   constitution   of     1879   and    the   general 

Pen.  Code — 44 


§  1572  I'KN'AL   CODK. 


690 


^,l;i(ntcs  ill  |iiirMi;nirc  lliiTcdf.  Tlio  portion  of  §  150:;  wliidi  was 
tln'ii  still  in  fiiicc  \v;is  :it  the  s'anic  s^'^^sion  incnrpor.'iti'il  into  ;iii  act 
to  ainond  tiie  statute  of  lSSi».  p.  404  (190.1:  520),  comH'iiiing  the 
state  prisons,  so  that  it  was  i)ri"servpd,  notwithstanding  the  repeal 
of  these  superseded  and  therefore  useless  i)rovisions.  lu  1907  the 
act  of  March  19,  1SS9  (Stats.  18S9,  i>.  404),  and  the  act  of  1905 
(Stats.  190;").  p.  ."20),  were  codificij  in  the  new  §§  1. "572-1. j'.Ki,  inclu- 
sive." 

4.  The  present  Title  1  added  by  Stats.  1907,  p.  o84,  the  title  of 
the  act  reading,  "An  Act  to  add  a  new  title  to  Part  III  of  the  Penal 
Code,  to  be  known  as  Title  I  thereof,  relating  to  the  government 
and  management  of  the  state  prisons." 

Synopsis  Original  Code  Title  I.  Title  T.  Of  the  State  Prison  and 
the  Discharge  of  Prisoners  Tiierefrom  Before  Their  Term  of  Service 
Expires.  Chapter  I.  Of  the  State  Prison.  11.  Of  the  Discharge  of 
Prisoners  Before  the  Expiration  of  Their  Term  of  Service. 

Chapter  I.  Of  the  State  Prison.  §  1573.  Under  the  charge  and 
control  of  a  board  of  directors  (cited  in  103  Cal.  225).  §  1574. 
President  pro  tern,  of  senate,  when  to  act  as  director,  etc.  §  1575. 
Compensation  of  directors.  §  1576.  Board  must  adopt  rules  and 
regulations.  §  1577.  Board  may  appoint  warden  and  other  officers. 
§  1578.  Duties  of  clerk  and  other  officers.  §  1579.  Monthly  reports 
of  officers.  §  1580.  Board  must  keep  account  of  the  funds  received, 
etc.,  and  report  to  the  governor.  §  1581.  Persons  convicted  of  of- 
fenses against  the  United  States  to  be  received  in  the  prison. 
§  1582.  Disposition  of  insane  prisoners.  §  1583.  State  prison  fund. 
§  1584.  State  prison  fund,  how  disbursed.  §  1585.  Board  cannot  con- 
tract debts.  §  1586.  Compensation  of  sheriffs  for  transportation  of 
convicts  (amended  by  Code  Amdts.  1880,  p.  31;  section  cited  in  50 
Cal.  119;  77  Cal.  595).  §  1587.  Contract  to  be  given  at  public  letting 
(added  by  Code  Amdts.  1873-74,  p.  467). 

Chapter  II.  Of  the  Discharge  of  Prisoners  Before  the  Expiration 
of  their  Term  of  Service.  §  1590.  Credits  for  good  behavior,  how 
and  when  allowed  (amended  by  Code  Amdts.  1877-78,  p.  124;  section 
cited  in  76  Cal.  516;  145  Cal".  187;  145  Cal.  188).  §1591.  Credits, 
when  forfeited.  §1592.  Board  to  make  rules  and  regulations  to 
carry  the  provisions  of  this  chapter  into  effect.  §  1593.  Board,  when 
to  report  credits  to  governor.  §  1594.  Further  powers  of  the  board. 
§  1595.  Board  must  report  to  the  legislature  prisoners  whom  they 
think  should  be  pardoned.  Go^•crnor  may  pardon  if  legislature 
recommend. 

§  1572.  Names  of  state  prisons.  The  state  prisons  of  this 
state  shall  be  known  as  the  state  prison  at  San  Qnentin, 
which  is  situated  in  the  county  of  JMarin,  and  which  shall 
have  an  official  staff  conforming  to  the  laws  of  the  state  in 
relation  to  state  prisons;  and  the  state  prison  at  Folsom, 
which  is  situated  in  the  county  of  Sacramento,  and  which 
shall  have  a  similar  staff  and  be  similarly  organized,  and  all 
the  finances  and  accounts  of  the  two  prisons  shall  be  kept 
separate  and  apart  from  each  other.  [Amendment  approved 
1909;  Stats.  19U9,  p.  427.] 

state  prisons,  acts  relating  to:    See  post,   Appendix,  tit.   "State 

Prisons." 


691  STATE  PRISONS.  §  1575 

School  of  industry  at  lone,  acts  relating  to:  See  post,  Appendix, 
tit.  "Scliool  of  Industry." 

School  of  refonn  at  Whittier,  acts  relating  to:  See  post,  Appen- 
dix, tit.  "School  of  Keform." 

Legislation  §  1572.     1.   Added  by  Stats.  1907,  p.  .IS."). 

2.  Anieiidod  l)y  Stats.  1909,  p.  427,  inserting  (1)  "wliich  is  situated 
in  the  county  of  Marin,  and"  after  "San  Quentin,"  and  (2)  "which 
is  situated  in  the  county  of  Sacramento,  and  after  "Folsom."  See 
ante,  Legislation  Title  I  for  code  commissioner's  note,  etc. 

§  1573.  Directors,  how  appointed.  For  the  government 
and  management  of  the  state  prisons  there  shall  be  ap- 
pointed by  the  governor,  by  and  nnder  the  advice  of  the 
senate,  five  directors,  who  shall  hold  their  office  for  the 
term  of  ten  years,  from  and  after  the  date  of  such  appoint- 
ment; snch  appointments  to  be  made  as  vacancies  occur  in 
the  board.  In  case  of  death  or  resignation  of  a  director  his 
successor  shall  be  appointed  to  fill  the  unexpired  term  of 
such  director  by  the  governor,  by  and  with  the  advice  of  the 
senate.  Each  director  shall  subscribe  an  oath  of  office, 
which  shall  be  indorsed  on  his  commission,  within  ten  days 
after  receiving  written  notice  of  such  appointment,  and  a 
duplicate  of  such  oath  shall  also  be  filed  with  the  secretary 
of  state. 

Legislation  §  1573.  Added  by  Stats.  1907,  p.  585.  See  ante.  Legis- 
lation Title  I,  for  original  code  title,  section,  etc. 

§  1574.  President  of  board,  election  and  duties  of.  The 
board  of  directors  shall  annually  elect  one  of  their  members 
president  of  the  board,  whose  duty  it  shall  be  to  preside  at 
the  meetings  of  the  board  and  to  perform  such  other  duties 
as  may  from  time  to  time  be  prescribed  by  the  rules  and 
regulations  for  the  government  of  the  board,  and  the  clerk 
of  said  board  of  directors  shall  immediately  notitV  the  gov- 
ernor in  writing  of  such  election.  [Amendment  approved 
1909;  Stats.  1909,  p.  -187.] 

Legislation  §  1574.     1.  Added   by   Stats.   1907,   p.   5S5. 

2.  Amended  by  Stats.  1909,  p.  487,  (1)  changing  "meeting"  to 
"meetings"  after  "preside  at  the";  (2)  adding  at  end  of  section, 
"and  the  clerk  of  said  board  of  directors  shall  immediately  notify 
the  governor  in  writing  of  such  election."  See  ante.  Legislation 
Title  I,  for  original  code  title,  section,  etc. 

§  1575.  Quorum.  Three  members  of  the  board  shall  con- 
stitute a  quorum  for  the  transaction  of  all  business,  but  no 
order  of  the  board  shall  be  valid  unless  concurred  in  by 
three  or  more  members. 

Legislation  §  1575.  Added  by  Stats.  1907,  p.  585.  See  ante.  Legis- 
lation Title  I,  for  original  code  title,  section,  etc. 


?^  1577  I'KNAL    CODE.  692 

§1576.  Directors,  duties  of.  It  sliall  ho  tlio  duty  of  tlui 
(lii'oetor.s  [J^'ii'stJ  to  dctcnuiiic  llio  necessary  officers  and 
employees  of  the  prisons  other  than  those  of  tlie  wardens 
and  clerks,  specifying  their  duties  severally,  and  fixing 
their  salaries;  to  prescribe  I'ules  and  regulations  for  the 
government  of  the  prisons,  and  to  revise  and  change  the 
same  from  time  to  time  as  circumstances  may  re(|uire,  and 
to  board  and  lodge  the  officers  and  employees,  or  allow  them 
a  money  commutation  in  lieu  thereof;  provided,  the  warden 
may  make  temporary  rules,  in  cases  of  emergency,  to  re- 
main in  force  until  the  succeeding  meeting  of  the  board. 
At  least  three  of  the  directors  shall  visit  the  prisons  once 
in  each  month,  and  oftener  if  necessary,  at  such  time  as 
they  may  select.  The  directors  shall  audit  all  claims  for 
supplies,  services,  and  expenses  of  officers  and  employees, 
and  all  other  demands  against  the  prison. 

Second.  To  enter  or  cause  to  be  entered  on  their  journal 
by  the  clerks  all  official  acts  which  shall  be  signed  by  at 
least  three  members  of  the  board. 

Third.  On  or  before  the  first  day  of  December  of  each 
year  to  report  to  the  governor  the  condition  of  the  prisons, 
together  with  detailed  statements  of  receipts  and  expendi- 
tures, and  such  suggestions  concerning  the  prisoners  as  may 
appear  to  be  necessary  and  expedient. 

Fourth.  The  board  of  directors  shall  also  adopt  rules  and 
regulations  not  inconsistent  with  the  constitution  and  the 
laws  of  the  state  of  California  for  the  government  of  the 
board,  and  may  change  the  same  at  their  pleasure. 

Fifth.     The  board  of  directors  shall  have  power  to  es- 
tablish an  office  in  San  Francisco,  and  employ  a  secretary. 
Legislation  §  1576.     Added  by  Stats.  1907,  p.  586.     See  ante,  Legis- 
lation Title  I,  for  original  code  title,  section^  etc. 

§  1577.     Wardens,   appointment   of,   and   term   of   office. 

The  board  of  directors  sliall,  within  thirty  days  after  this 
act  becomes  effective,  appoint  a  w^arden  for  each  prison, 
who  shall  take  and  subscribe  an  oath  or  affirmation  faith- 
fully to  discharge  the  duties  of  his  office,  as  prescribed  by 
law  and  by  the  rules  and  regulations  of  the  board  of  direct- 
ors, and  shall  enter  into  a  bond  to  the  state  of  California, 
in  the  sum  of  twenty-five  thousand  dollars,  with  two  or 
more  sufficient  sureties,  said  bond  to  be  approved  by  the 
board  of  directors,  the  governor,  and  the  attorney-general 
of  the  state,  conditioned  to  the  faithful  performance  of  such 
duties  as  such  officer  aforesaid.  Each  warden  shall  hold  his 
office  for  a  term  of  four  years  from  and  after  the  date  of 
the  appointmeitt  made  in  compliance  with  the  provisions  of 


693  STATE  PRISONS.  §  1578 

this  section,  and  his  compensation  shall  be  fixed  at  the  time 
of  his  appointment  in  conformity  with  the  provisions  of  sec- 
tion  fifteen   hundred   and    eighty-two    of   the   Penal   Code. 
[Amendment  approved  1909;  Stats.  1909.  p.  586.] 
Warden,  compensation  of:  See  post,  §  15S2. 
Legislation  §  1577.     1.  Added  by  Stats.  1907,  p.  58ii. 
2.  Amended  by  Stats.  1909,  p.  586,  (1)   in  first  sentence,  (a)    add- 
ing, after  "The  board  of  directors  shall,"  the  words  "within  thirty 
days  after  this  act  becomes  effective,"   (b)  changing  "to  enter  into" 
to    "shall   enter   into,"    (c)   adding   "said   bond"    before    "to   be   ap- 
proved," (d)   adding  "the  governor"  after  "board  of  directors,"  and 
(e)   omitting  from  end  of  sentence  the  words  (which  were  the  final 
words  of  the  section  as  added  in  1907)  "and  he  shall  hold  his  oflSce 
four  years  after  such  appointment";   (2)   adding  the  final  sentence. 
See  ante  Legislation  Title  I,  for  original  code  title,  section,  etc. 

§  1578.  Duties  of  prison  wardens.  The  wardens  shall 
reside  at  the  state  prisons  to  wliich  they  are  respectively 
assigned,  in  houses  provided  and  furnished  at  the  expense 
of  the  state,  as  may  be  ordered  by  the  board  of  directors, 
and  it  shall  be  their  duty : 

1.  To  fill  all  subordinate  positions  that  may  be  created  by 
order  of  the  board  of  directors,  by  appointment  of  suitable 
persons  thereto. 

2.  Under  the  order  and  direction  of  the  board,  to  prose- 
cute all  suits,  at  laAv  or  in  equity,  that  may  be  necessary  to 
protect  the  rights  of  the  state  in  matters  or  property  con- 
nected with  the  prisons  and  their  management,  such  suits  to 
be  prosecuted  in  the  name  of  the  board  of  state  prison 
directors. 

3.  To  supervise  the  government,  discipline  and  police  of 
the  prisons,  and  to  enforce  all  orders  and  regulations  of  the 
board  in  respect  to  such  prisons.  A  registry  of  convicts 
shall  be  kept  by  them  respectivelj^,  in  Avhich  shall  be  entered 
the  name  of  each  convict,  the  crime  of  which  he  is  convicted, 
the  period  of  his  sentence,  from  what  county  sentenced,  by 
what  court  sentenced,  his  nativity,  to  what  degree  educated, 
at  what  institution  and  under  what  system,  an  accurate  de- 
scription of  his  person,  and  whether  he  has  previously  been 
confined  in  a  state  prison  in  this  or  any  other  state,  and  if 
so,  when  and  how  he  was  discharged. 

4.  To  report  to  the  governor,  before  the  twentieth  of  each 
month  the  names  of  all  prisoners  whose  terms  are  al)out  to 
expire,  giving  in  such  report  the  terms  of  their  sentences, 
the  date  of  imprisonment,  the  amount  of  total  credits  to  the 
date  of  such  report,  and  the  date  Avhou  their  service  would 
expire  by  limitation  of  sentence. 


^  1578  PENAL   CODE.  694 

").  'I'o  «;ru(.le  and  elassii'y  tlie  prisoners,  in  accordance  with 
the  rules  and  regulations  of  the  board  of  directors,  now 
existing  or  which  may  hereafter  be  made,  and  to  provide 

for  clotliiiig  them  in  such  innuucr  that  llic  difTerent  grades 
or  classes  may  Ix'  readily  distinguished. 

().  The  wai'den  of  each  slate  prison  or  reformatory  institu- 
tion must  keep  a  punishnuMit  book  in  which  a  record  of  all 
punishments  and  Avhat  kind  of  ])unishments  are  adminis- 
tei-ed  to  prisoners  or  inmates,  if  any ;  the  offense  committed ; 
the  rule  or  rules  violated;  the  nature  of  punishment  admin- 
istered; the  name  of  the  officer  who  ordei'ed  such  punish- 
ment; the  duration  of  time  during  which  the  offender  was 
subjected  to  punishment;  the  condition  of  the  prisoner's 
health ;  the  number  of  times  punished.  Said  book  shall  be 
kept  by  an  officer  of  the  prison. 

7.  To  perform  such  other  duties  as  may  be  prescribed  by 
the  board  of  directors.  [Amendment  approved  1913;  Stats. 
1913,  p.  1064.] 

Legislation  §  1578.  1.  Added  bv  Stats.  1907,  p.  .iS(5. 
2.  Amended  l\v  Stilts.  1809,  p.  428,  to  read:  "The  warden  shall  re- 
side at  the  state  prisons  to  which  they  are  respectively  assigned  in 
houses  provided  and  furnished  at  the  expense  of  the  state,  as  may 
be  ordered  by  the  board  of  directors,  and  it  shall  be  their  duty: 
First.  To  fill  all  subordinate  positions  that  may  be  created  by  order 
of  the  board  of  directors  by  appointment  of  suitable  persons  thereto. 
Second.  Under  the  order  and  direction  of  the  board  to  prosecute 
all  suits  at  law  or  in  equity  that  may  be  necessary  to  protect  the 
rights  of  the  state  in  matters  or  proi)erty  connected  with  tlie  pris- 
ons and  their  management,  such  suits  to  be  prosecuted  in  the  name 
of  the  board  of  state  prison  directors.  Third.  To  supervise  the  gov- 
ernment, discipline,  and  police  of  the  prisons,  and  to  enforce  all 
orders  and  regulations  of  the  board  in  respect  to  such  prisons.  A 
registry  of  convicts  shall  be  kept  by  them  respectively,  in  which 
shall  be  entered  the  name  of  each  convict,  the  crime  of  which  he  is 
convicted,  the  period  of  his  sentence,  from  what  count}'  sentenced, 
by  what  court  sentenced,  his  nativity,  to  what  degree  educated,  at 
what  institution  and  under  what  system,  an  accurate  description  of 
his  person,  and  whether  he  has  been  previously  confined  in  a  state 
prison  in  this  or  any  other  state,  and  if  so,  when  and  how  he  was 
discharged.  Fourth.  To  report  to  the  governor  before  the  twentieth 
of  each  month  the  names  of  all  prisoners  whose  terms  are  about  to 
expire,  gi\'ing  in  such  report  the  terms  of  their  sentences,  the  date 
of  imprisonment,  the  amount  of  total  credits  to  the  date  of  such  re- 
port, and  the  date  when  their  service  would  expire  by  limitation  of 
sentence.  Fifth.  To  grade  and  classify  the  prisoners  in  accordance 
with  the  rules  and  regulations  of  the  Ijoard  of  directors,  now  exist- 
ing or  which  may  hereafter  be  made,  and  to  provide  for  clothing 
them  in  such  manner  that  the  different  grades  or  classes  may  be 
readily  distinguished.  Sixth.  To  perform  such  other  duties  as  may 
be  prescribed  by  the  board  of  directors."  The  change  in  tlie  ameml- 
ment  of  1909  was  (1)  in  introductory  paragraph,  changing  "The 
wardens"  1o  "The  warden"  (undoubtedly  a  tyjiographical  error); 
(2)  adding  tlie  piesent  snbd.  Fifth  und  siibd.  Fifth  of  the  1907  sec- 


695  STATE  PRISONS.  §  1581 

tiou  renumbered  subd.  Sixth.  See  ante,  Legislation  Title  I,  for  orig- 
inal code  title,  section,  etc. 

3.  Amended  by  Stats.  1913,  p.  1064. 

§  1579.  Prisoners,  release  and  restoration  of,  to  citizen- 
ship. The  governor,  at  the  expiration  of  the  term  for  which 
any  prisoner  lias  Veen  sentenced,  less  the  numher  of  days 
allowed  and  credited  to  him,  mnst  order  the  release  of  such 
prisoner,  by  an  order  nnder  his  hand,  addressed  to  the 
warden  of  the  prison  in  which  he  has  been  confined,  in  such 
mode  and  form  as  he  may  deem  proper,  and  with  or  with- 
out restoration  to  citizenship,  according  to  his  discretion, 
and  if  he  order  the  release  of  such  prisoner  without  restora- 
tion to  citizenship,  he  may  at  any  time  thereafter,  in  his  dis- 
cretion, make  a  further  order  restoring  to  citizenship  the 
prisoner  so  released. 

Legislation  §  1579.     Added  by  Stats.  1907,  p.  .587.     See  ante,  Legis- 
lation Title  I,  for  original  code  title,  section,  etc. 

§  1580.  Clerks,  appointment  and  duties  of.  The  board 
of  directors  shall  appoint  a  clerk  for  each  prison,  who  shall 
take  an  oath  of  office  and  enter  into  a  bond  to  the  state, 
with  sureties  satisfactory  to  the  board,  in  the  sum  of  ten 
thousand  dollars,  conditioned  that  they  Avill  faithfully  dis- 
charge the  duties  required  of  them.  The  clerks  shall  hold 
their  office  for  the  period  of  four  years  after  such  appoint- 
ments. The  cleks  shall  keep  the  accounts  of  the  prisons  to 
which  they  are  severally  appointed,  in  such  manner  as  to 
exhibit  clearly  all  its  financial  transactions ;  and  the  clerks 
shall  perform  such  other  duties  as  may  from  time  to  time 
be  required  of  them  by  the  board  of  directors. 

Legislation  §  1580.     Added  by  Stats.  1907,  p.  587.     See  ante,  Leg- 
islation Title  I,  for  original  code  title,  section,  etc. 

§  1581.  Removal  of  wardens,  clerks,  etc.  No  person 
shall  be  appointed  to  any  office  by  the  wardens  or  be  em- 
ployed in  the  prisons  on  behalf  of  the  state  who  is  a  con- 
tractor or  agent,  or  who  is  interested  directly  or  indirectly 
in  any  business  carried  on  therein ;  and  no  male  person  who 
is  not  a  qiialified  elector  of  the  state  of  California  shall  be 
appointed  by  the  Avardens  to  any  office  in  or  about  the  pris- 
ons, nor  shall  any  be  appointed  or  employed  by  virtue  of 
this  title,  who  is  in  the  habit  of  intemperate  use  of  liquors, 
and  a  single  act  of  intemperance  shall  justify  his  discharge 
or  removal,  and  it  shall  be  the  duty  of  such  warden  to  dis- 
charge such  person.  Wardens  and  clerks  may  be  removed 
by  the  board  of  directors  at  any  time  for  misconduct,  incom- 
petency, or  neglect  of  duty:  and  all  other  officei-s  and  em- 


§  1583  TKNAL    CODK.  G*J6 

ployees  may  l)e  roiiioM'd  at  aii}-  tinic  at  tlie  pleasure  of  tlie 

wardens. 

Legislation  §  1581.  Added  by  Stats.  1907,  j).  587.  See  ante,  Legis- 
lation TitU'   I,  for  cn'if^iiiiil   codi'  title,  sei'tioii,  etc. 

§  1582.  Wardens  and  clerks,  salaries,  etc.  Tlie  wardens' 
salaries  shall  he  iixed  hy  the  hoai'd  of  dii-eetors  at  the  time 
the  appointments  are  made  nnder  the  provisions  of  section 
fifteen  hundred  and  seventy-seven  of  the  Penal  Code,  which 
salaries  shall  not  be  changed  during  the  term  of  office  of 
such  wardens.  The  board  of  directoi's  shall  also  fix  the 
salaries  of  the  clerks  and  all  other  officers  and  employees  in 
such  amounts  as  the  directors  may  deem  just  and  equitable 
in  each  case.  [Amendment  approved  l'J09 ;  tStats.  1*J(J9, 
p.  428.] 

Warden,  compensation  of:  See  ante,  §  1577. 

Legislation  §  1582.  1.  Added  by  Stats.  1907,  p.  588,  and  then 
read:  "1582.  The  wardens  shall  receive  a  salary  of  not  less  than 
twenty-four  hundred  dollars,  and  not  to  exceed  three  thousand 
dollars,  per  annum,  in  the  discretion  of  the  board  of  directors.  The 
clerks  shall  receive  a  salary  not  to  exceed  eighteen  hundred  dollars 
per  annum,  and  all  other  officers  and  employees  shall  receive  such 
compensation  as  the  directors  may  deem  just  and  equitable  in  each 
case." 

2.  Amended  by  Stats.  1909,  p.  428.  See  ante,  Legislation  Title 
I,  for  original  code  title,  section,  etc. 

§  1583.  Contracts.  The  board  of  directors  are  hereby 
authorized  and  required  to  contract  for  provisions,  clothing, 
medicines,  forage,  fuel,  and  all  other  staple  supplies  needed 
for  the  support  of  the  prisons  for  any  period  of  time,  not 
exceeding  one  year,  and  such  contracts  shall  be  limited  to 
bona  fide  dealers  in  the  several  classes  of  articles  contracted 
for.  Contracts  for  such  articles  as  the  board  may  desire  to 
contract  for,  shall  be  given  to  the  lowest  bidder  at  a  public 
letting  thereof,  if  the  price  bid  is  a  fair  and  reasonable  one, 
and  not  greater  than  the  usual  market  value  and  prices. 
Each  bid  shall  be  accompanied  by  such  security  as  the  board 
may  require,  conditional  upon  the  bidder  entering  into  a 
contract  upon  the  terms  of  his  bid,  on  notice  of  the  accept- 
ance thereof,  and  furnishing  a  penal  bond  wath  good  and 
sufficient  sureties  in  such  sum  as  the  board  may  require,  and 
to  their  satisfaction  that  he  will  faithfully  perform  his  con- 
tract. If  the  proper  officer  of  the  prison  reject  any  article, 
as  not  complying  with  the  contract,  or  if  a  bidder  fail  to  fur- 
nish the  articles  awarded  to  him  when  required,  the  proper 
officer  of  the  prison  nuiy  buy  other  articles  of  the  l^ind  re- 
jected  or  called   for,   in    tlu^   open   nuvrlu't,   and    deduct    the 


697  STATE  PRISONS.  §  1584 

price  tliereof,  over  the  coutract  price,  from  the  ainoiuit  due 
to  the  bidder,  or  charge  the  same  up  against  him.  Notice 
of  the  time,  place,  and  conditions  of  the  letting  of  contracts 
shall  be  given  for  at  least  two  consecutive  weeks  in  two 
ncAvspapers  printed  and  published  in  the  city  and  county  of 
San  Francisco,  and  in  one  newspaper  printed  and  published 
in  the  city  of  Sacramento,  and  in  the  county  where  the 
prison  to  be  supplied  is  situated.  If  all  the  bids  made  at 
such  letting  are  deemed  unreasonably  high,  the  board  may, 
in  their  discretion,  decline  to  contract  and  may  again  adver- 
tise for  such  time  and  in  such  papers  as  they  see  proper  for 
proposals,  and  may  so  continue  to  renew  the  advertisement 
until  satisfactory  contracts  are  made;  and  in  the  mean  time 
the  board  may  contract  Avith  any  one  whose  offer  is  regarded 
as  just  and  equitalle,  or  may  purchase  in  the  open  market. 
No  bid  shall  be  accepted,  nor  a  contract  entered  into  in 
pursuance  thereof,  when  such  bid  is  higher  than  any  other 
bid  at  the  same  letting  for  the  same  class  or  schedule  of 
articles,  quality  considered,  and  when  a  contract  can  be  had 
at  such  lower  bid.  When  two  or  more  bids  for  the  same 
article  or  articles  are  eqnal  in  amonnt,  the  board  may  select 
the  one  Avhich,  all  things  considered,  may  by  them  be 
thought  best  for  the  interest  of  the  state,  or  they  may  divide 
the  contract  between  the  bidders,  as  in  their  judgment  may 
seem  proper  and  right.  The  board  shall  have  power  to  let 
a  contract  in  the  aggregate  or  they  may  segregate  the  items, 
and  enter  into  a  contract  with  the  bidder  or  bidders  who 
may  bid  lowesu  on  the  several  articles.  The  board  shall 
have  the  power  to  reject  the  bid  of  any  person  wdio  had  a 
prior  contract,  and  who  had  not.  in  the  opinion  of  the  board, 
faithfully  complied  therewith. 

Legislation  §  1583.     Added    by    Stats.    1907,    p.    588.      See    ante, 
Legislation  Title  I,  for  original  code  title,  section,  etc. 

§  1584.     Moneys  received  at  San  Quentin  or  Folsom.     All 

moneys  received  or  collected  by  the  warden  of  San  Quentin 
prison  shall  be  reported  to  the  state  controller  on  the  first 
day  of  each  and  every  month  in  such  form  as  the  controller 
may  require,  and,  at  the  same  time,  shall,  on  the  order  of  the 
controller,  be  paid  into  the  state  treasury  to  the  credit  of 
"the  prison  fund  of  San  Quentin  prison,"  except  so  much 
thereof  as  shall  be  necessarj^  to  be  paid  into  the  jute  revolv- 
ing fund  as  req?nred  by  the  provisions  of  an  act  of  the 
legislature,  approved  jMarch  9,  1885,  and  the  act*  amenda- 
tory thereof  or  supplemental  thereto.  All  inone}^  received 
or  collected   by  the  warden  of  Folsom  prison   shall  be  re- 


§  1584  PENAL  coul:.  {)08 

poi'tt'd  to  tlic  state  I'oiitroilci-  on  llic  lirst  duy  of  ('a<-li  and 
every  iiioiitli,  in  such  form  as  the  controller  may  require, 
and  at  tiie  same  time  shall  l)e  paid  into  the  state  ti-easury 
to  the  credit  of  the  Folsom  state  j)i-ison  fund  excepting'  so 
much  thereof  as  may  be  necessary  to  pay  the  expenses  and 
money  allowed  discharjjed  prisoners  under  the  provisions  of 
tliis  title.  Tlie  wardens  sliall  requii-e  vouchers  for  all 
moneys  by  them  expended,  and  safely  keep  the  same  on  file 
in  their  res])ective  offices  at  the  prisons.  For  all  sums  of 
money  recpiired  to  be  paid  other  than  for  the  uses  above 
named,  as  well  as  for  said  uses  when  there  is  not  sufficient 
money  in  the  hands  of  the  warden,  drafts  shall  be  drawn 
on  the  controller  of  state,  siijned  by  at  least  thi-ee  of  the 
directors,  and  the  controller  of  state  shall  draw  his  warrant 
on  the  state  treasurer,  who  shall  pay  the  same  out  of  any 
moneys  belontiing  to  the  state  prison  funds,  or  appropriated 
for  the  use  or  support  of  the  state  prisons.  The  amount  of 
all  money  retained  by  the  wardens,  and  the  aggregate 
amount  paid  out,  shall  be  reported  (piarterly  to  the  con- 
troller of  state  and  the  proper  entries  shall  be  made  on  the 
controller's  books.  [Amendment  approved  1911;  Stats. 
1911.  p.  91.] 

Legislation  §  1584.  1.  Added  by  Stats.  1907,  p.  589. 
2.  Amended  by  Stats.  1909,  p.  471,  to  read:  "All  moueys  received 
or  collected  by  the  warden  of  San  Quentin  prison  shall  be  reported 
to  the  state  controller  on  the  first  day  of  each  and  every  month  in 
such  form  as  the  controller  may  require,  and  at  the  same  time  shall 
be  paid  into  the  general  fund  of  the  state  treasury  on  the  order  of 
the  controller,  except  so  much  thereof  as  shall  be  necessary  to  be 
paid  into  the  jute  revolving  fund  as  required  by  the  provisions  of 
an  act  of  the  legislature  approved  March  ninth,  one  thousand  eight 
hundred  and  eighty-five,  and  amended  March  sixteenth,  one  thou- 
sand eight  hundred  and  eighty-nine,  and  of  any  other  act  amenda- 
tory thereto  or  supplementary  thereto,  and  also  except  so  much 
thereof  as  shall  be  received  liv  the  warden  of  said  f^an  Ouentin 
prison  from  the  officers  an-d  employees  thereof  in  payment  for  sup- 
plies purchased  and  for  commissaries  furnished  to  them  by  the  said 
San  Quentin  prison  which  shall  be  paid  by  the  warden  of  said  San 
Quentin  prison  into  the  state  treasury  to  the  credit  of  the  appro- 
priation for  the  support  of  said  San  Quentin  prison.  All  moneys 
received  or  collected  by  the  warden  of  Folsom  prison  shall  be  re- 
ported to  the  state  controller  on  the  first  day  of  each  and  every 
month  in  such  form  as  the  controller  may  require  and  at  the  same 
time  shall  be  paid  into  the  state  treasury  to  the  credit  of  the  Fol- 
som state  prison  fund,  excepting  so  much  thereof  as  may  be  neces- 
sary to  pay  the  expenses  and  money  allowed  discharged  prisoners 
under  the  provisions  of  this  title.  The  wardens  shall  require 
vouchers  for  all  moneys  by  them  expended  and  safely  keep  the 
same  o«  file  in  their  respective  offices  at  the  prisons.  For  all  sums 
of  money  required  to  be  paid  other  than  for  the  uses  above  named, 
as  well  as  for  said  uses  when  there  is  not  sufficient  money  in  the 
hands  of  the  warden,  drafts  shall  be  drawn  on  the  controller  of  the 


699  STATE  PRISONS.  §  1586 

state,  signed  by  at  least  three  of  the  directors,  and  the  controller 
of  state  shall  draw  his  warrant  on  the  state  treasurer  who  shall  pay 
the  same  out  of  any  moneys  belonging  to  the  state  prison  fund  or 
appropriated  for  the  use  or  support  of  the  state  prisons.  The 
amount  of  all  money  retained  by  the  wardens  and  the  aggregate 
amount  paid  out  shall  be  reported  quarterly  to  the  controller  of 
state  and  the  proper  entries  shall  be  made  on  tlie  controller's 
books."  The  change  in  the  amendment  of  1907  consisted:  (1)  in 
first  sentence,  adding  the  second  exception  at  end  of  sentence,  be- 
ginning "and  also  except";  (2)  two  changes  are  made  from  the 
section  as  added  in  1907,  both  either  clerical  or  typographical 
errors,  (a)  in  first  sentence,  preceding  the  addition  noted  supra,  the 
change  of  "amendatory  thereof"  to  "amendatory  thereto,"  and  (b) 
in  sentence  beginning  "For  all  sums,"  the  change  of  "controller  of 
state"  to  "controller  of  the  state." 

3.  Amended  by  Stats.  1911,  p.  91.     See  ante.  Legislation  Title  I 
for  original  code  title,  section,  etc. 

§  1585.  Moneys  collected  by  wardens,  receipts  to  be 
given  for.  All  revenues  of  the  prisoiis,  unless  in  this  title 
otherwise  provided,  shall  he  paid  to  the  wardens,  wdio  alone 
are  authorized  to  receipt  for  the  same  and  discharge  from 
liability.  When  any  sum  of  money  is  paid  to  the  wardens, 
who  alone  are  authorized  to  receipt  for  the  same  and  dis- 
charge from  liability,  they  shall  cause  the  same  to  be  prop- 
erly entered  on  the  books  by  the  clerks.  On  payment  of 
any  moneys  into  the  state  treasury,  as  provided  in  this  title, 
the  wardens  and  state  treasurer  shall  report  to  tbe  con- 
troller of  state  the  amount  so  paid,  and  the  state  treasurer 
shall  give  the  wardens  a  receipt  therefor,  which  receipt  shall 
be  filed  with  the  controller.  The  wardens  shall  report  to  the 
controller  of  state  the  amount  of  money  paid  into  said 
treasury  by  them  during  each  month,  and  shall  also  report 
to  said  controller  of  state  the  amounts  received  and  dis- 
bursed by  them  every  three  months,  and  during  the  period 
for  which  such  report  shall  be  made,  which  quarterly  report 
shall  be  signed  by  the  warden  and  at  least  three  of  the 
directors. 

Legislation  §  1585.     Added    by    Stats.    1907,    ix    589.     See    ante, 

Legislation  Title  I,  for  original  code  title,  section,  etc. 

§  1586.  Convicts,  employment  of.  All  convicts  may  be 
employed  by  authority  of  the  board  of  directors,  under 
charge  of  the  wardens  respectively  and  such  skilled  foremen 
as  he  may  deem  necessary  in  the  performance  of  Avork  for 
the  state,  or  in  the  manufacture  of  any  article  or  articles 
for  the  state,  or  the  manufacture  of  which  is  sanctioned  by 
law\  At  San  Quentin  no  articles  shall  be  manufactured  for 
sale  except  jute  fabrics.  At  Folsom  after  the  completion 
of  the  dam  and  canal  the  board  may  commence  the  erection 


§  1587  PENAL    CODE.  700 

of  si  I'lii't  iircs  lor  jiilc  )ii;Miiir;i<'t  iii'iii^'  purposes.  'I'lii-  l)oar(l 
ol'  (lii'Cftoi's  arc  li('i'c'l>.y  aullioi'izcd  to  purcliasc^  iVoiu  time  to 
time  such  tools,  niacliiiicry,  and  materials,  and  to  direct  the 
em])loymeiit  ol!  siu-h  skilled  roi'cmcii  as  may  be  necessary  to 
carry  out  the  provisions  of  this  section,  and  to  dispose  of 
the  articles  manufactured,  and  not  needed  by  the  state,  for 
cash,  at  private  sale,  in  such  manner  as  provided  by  law. 

Legislation  §  1586.     Addorl    by    Stats.    1907,    p.    590.     See    ante, 
Ij^gislation  Title  1,  for  oiii'lnal  code  1itl(\  seclioii,  etf. 

§  1587.  Prisoners,  treatment  of.  In  the  treatment  of  the 
pi'isoners  the  I'ollowinf?  jicnoral  rules  shall  be  observed: 

First.  Each  convict  shall  be  provided  -with  a  bed  of 
stra'w  or  other  suitable  material,  and  sufficient  covering  of 
blankets,  and  shall  be  supplied  with  garments  of  coarse,  sub- 
stantial material,  of  distinctive  manufacture,  and  with  suffi- 
cient plain  and  wholesome  food  of  such  variety  as  may  be 
most  conducive  to  good  health. 

Second.  No  punishment  shall  be  inflicted  except  by  the 
order  and  under  the  direction  of  the  wardens. 

Third.  The  warden  shall  keep  a  correct  account  of  all 
money  and  valuables  upon  the  prisoner  when  delivered  at 
the  prison,  and  shall  pay  the  amount,  or  the  proceeds 
thereof,  or  return  the  same  to  the  convict  when  discharged, 
or  to  his  legal  representative  in  case  of  his  death ;  and  in 
the  case  of  the  death  of  such  convict  without  being  released, 
if  no  legal  representative  shall  demand  such  property  within 
five  years,  the  same  shall  be  paid  into  the  state  j^rison  fund. 

Fourth.  The  rules  and  regulations  prescribing  the  duties 
and  obligations  of  the  prisoners  shall  be  printed  and  hung 
up  in  each  cell  and  shop. 

Fifth.  Each  convict,  when  he  leaves  the  prison,  shall  be 
supplied  with  the  money  taken  from  him  when  he  entered, 
.and  which  he  has  not  disposed  of,  together  with  any  sum 
which  may  have  been  earned  by  him  for  his  OAvn  account, 
allowed  to  him  by  the  state  for  good  conduct  or  diligent 
labor,  or  may  have  been  presented  to  him  from  any  source; 
and,  in  case  the  prisoner  has  not  funds  sufficient  for  pres- 
ent purposes,  he  shall  be  furnished  with  five  dollars  in 
money,  a  suit  of  clothes,  costing  not  more  than  ten  dollars, 
and  [his  fare]  by  the  cheapest  route  to  the  place  where  sen- 
tenced from,  if  the  prisoner  desires  to  return  there,  or  to 
any  other  place  of  the  same  cost  [for  transportation]  ;  and 
he  shall  be  entitled,  if  he  so  elect,  to  immunity  from  having 
his  hair  cut,  or  from  being  shaved,  for  three  calendar 
months  immediately  prior  to  his  discharge.  It  shall  not  be 
lawful  for  the  officers  of  the  prison  to  furnish,  or  permit  to 


701  STATE  PKISOMS.  §  1587 

be  furnished,  to  any  one,  for  publication,  the  name  of  any 
prisoner  about  to  be  discharged.  AVhen  the  warden,  and 
such  other  officers  as  may  be  designated  by  the  directors  to 
act  with  him  in  such  cases,  shall  be  of  opinion  that  any  con- 
vict is  insane,  they  shall  make  proper  examination,  and  if 
they  remain  of  the  opinion  that  such  person  is  insane,  the 
warden  shall  certify  the  fact  to  the  superintendent  of  one 
of  the  state  asylums  for  the  insane,  and  shall  forthwith  send 
such  convict  to  said  asylum  for  care  and  treatment.  If  at 
the  expiration  of  the  term  of  sentence  the  insane  convict 
is  still  in  the  insane  asylum,  he  shall  be  allowed  to  remain 
there  until  discharged  cured.  It  shall  be  the  duty  of  the 
Avarden,  also,  to  send  to  the  directors  a  copy  of  such  certifi- 
cate, and  thereafter  a  statement  as  to  his  subsequent  acts 
regarding  the  said  insane  convict.  And  it  shall  be  the  duty 
of  the  superintendent  of  the  insane  asylum  to  receive  such 
insane  convict  and  keep  him  until  cured.  It  shall  be  his 
duty,  upon  receipt  of  such  insane  convict,  to  notify  the  di- 
rectors of  the  fact,  giving  name,  date,  and  where  from,  and 
from  whose  hands  received.  When,  in  the  opinion  of  the 
superintendent,  such  insane  convict  is  cured  of  insanit.y,  it 
shall  be  his  duty  to  immediately  notify  the  directors  thereof ; 
and  it  shall  be  his  duty  also  to  notify  the  warden  of  the 
prison  from  whence  he  was  received,  who  shall  immediately 
send  for,  take,  and  receive  the  said  convict  back  into  the 
prison,  the  time  passed  at  the  asylum  counting  as  a  part 
of  such  convict's  sentence.  Before  discharging  any  convict 
who  may  be  insane  at  the  time  of  the  expiration  of  his  sen- , 
fence,  the  warden  shall  first  give  notice,  in  writing,  to  a 
judge  of  the  superior  court  of  the  county  in  which  the  state 
prison  may  be  located,  over  which  he  has  control,  of  the  fact 
of  such  insanity ;  whereupon  said  court  shall  forthwith  make 
an  order,  and  deliver  the  same  to  the  sheriff  of  said  county, 
commanding  him  to  remove  such  insane  convict  and  take 
him  before  said  court.  Upon  the  receipt  of  such  order,  it 
shall  be  the  duty  of  said  sheriff,  to  whom  it  is  directed,  to 
execute,  and  return  the  same  forthwith  to  the  court  by 
whom  it  was  issued,  and  thereupon  the  said  court  shall  cause 
proper  examination  to  be  made  by  medical  experts,  and  if 
it  shall  satisfactorily  appear  that  such  convict  is  insane, 
said  court  shall  order  him  to  be  confined  in  one  of  the  in- 
sane asylums.  The  sheriif  shall  receive  the  same  compensa- 
tion as  for  transferring  a  prisoner  to  the  state  prison,  and 
to  be  paid  in  the  same  manner.  If  any  judge,  after  hav- 
ing been  notified  by  the  warden,  shall  neglect  to  cause  such 
order  to  be  made,  as  herein  provided,  or  any  such  sheriff 
shall  neglect  to  remove  such  insane  convict,  as  required  by 


§  1588 


I'ENAL    CODI:. 


702 


llio  ])l•()^■isi()n.s  of  tliis  soetioii,  it  sliall  ])e  tlie  duty  of  the 
wiirdeu  to  cause  sucli  iusauc  convict  to  l)e  vomoved  before 
a  superior  court  of  a  county  in  which  the  state  prison  is 
located,  in  charge  of  an  officer  of  the  prison,  or  otlier  suit- 
able person,  for  the  purpose  of  examination ;  and  the  cost 
of  such  removal  shall  be  paid  out  of  the  state  treasury,  in 
the  same  manner  as  when  removed  by  the  sheriff,  as  in  this 
title  provided. 

Legislation  §  1587.     Added    by    Stats.    1907,     p.    590.     Sec    ante, 
Legislation  Tille  I,  for  original  code  title,  Kection,  etc 

§  1588.  Prisoners,  credits  of.  The  state  board  of  prison 
directors  shall  i'e(|nire  of  awry  able-bodied  convict  confined 
in  a  state  prison  as  many  hours  of  faithful  lal)or  in  each  and 
every  day  during  his  term  of  imprisonment  as  shall  be  pre- 
scribed by  the  rules  and  regulations  of  the  prison.  Every 
convict  who  shall  have  no  infraction  of  the  rules  and  regu- 
lations of  the  prison,  or  laws  of  the  state,  recorded  against 
him,  and  who  performs  in  a  faithful,  orderly,  and  peaceable 
manner  the  duties  assigned  to  him,  shall  be  allowed  from 
his  term,  instead  and  lieu  of  the  credits  heretofore  allowed 
by  law,  a  deduction  of  two  months  in  each  of  the  first  two 
years,  four  months  in  each  of  the  next  two  years,  and  five 
months  in  each  of  the  remaining  years  of  said  term,  and 
pro  rata  for  any  part  of  a  year,  where  the  sentence  is  for  or 
more  or  less  than  a  year.  The  mode  of  reckoning  credits 
shall  be  as  shown  in  the  following  table: 


No.  of  Years 
of  Sentence. 


Good  Time 
Granted. 


Total  Good  Time  Made. 


Time  to  be  Served  if 
Full  Time  is  Made. 


First  year.  .  .  . 
Second  year.  . 
Third  year.  .  . 
Fourth  year.  . 
Fifth  year.  .  .  . 
Sixth  year.  .  . 
Seventh  year. 
Eighth  year. . 
Ninth  year. .  . 
Tenth  year. . . 


2  months. 
2  months . 
4  months . 

4  months . 

5  months . 
5  months . 
5  months . 
5  months . 
5  mouths. 
5  months. 


2  months 

4  months 

8  months 

1  year 

1  year  and  5  months.  . 

1  year  and  10  months. 

2  years  and  3  months. 

2  years  and  8  months. 

3  years  and  1  month.  . 
3  years  and  6  months. 


10 

,  .  1  year  and  8 
.2  years  and  4 


,  .  3  years  and  7 
.4  years  and  2 
.  .4  years  and  9 
,  .5  years  and  4 
,5  years  and  11 
,  .  6  years  and  5 


months, 
months, 
months. 
3  years, 
months, 
months, 
months, 
months, 
months, 
months. 


And  SO  on,  through  as  many  years  as  may  be  the  term  of 
the  sentence.  Each  convict  shall  be  held  entitled  to  these 
deductions,  unless  the  board. of  directors  shall  find  that  for 
misconduct  or  other  cause  he  should  not  receive  them.  But 
if  any  convict  shall  commit  any  assault  upon  his  keeper,  or 
any  foreman,  officer,  convict,  or  person,  or  otherwise  endan- 
ger life,  or  shall  be  guilty  of  any  flagrant  disregard  of  the 
rules  of  the  prison,  or  commit  any  misdemeanor,  or  in  any 


703  STATE  PRISONS.  §  1590 

manner  violate  aii.y  of  the  rules  and  regulations  of  the 
prison,  he  shall  forfeit  all  deductions  of  time  earned  by  him 
■for  good  conduct  before  the  commission  of  such  offense,  or 
that,  under  this  section,  he  may  earn  in  the  future,  or  shall 
forfeit  such  part  of  such  deductions  as  to  the  board  of 
directors  may  seem  just ;  such  forfeiture,  however,  shall  be 
made  only  by  the  board  of  directors  after  due  proof  of  the 
offense  and  notice  to  the  offender ;  nor  shall  any  forfeiture 
be  imposed  when  a  party  has  violated  any  rule  or  rules 
without  violence  or  evil  intent,  of  which  the  directors  shall 
be  the  sole  judges.  The  board  shall  have  power  to  restore 
credits  forfeited,  for  such  reasons  as  by  [to]  them  may 
seem  proper. 

Legislation  §  1588.     Added     by    Stats.    1907,    p.    .592.     See    ante, 
Legislation  Title  I,  for  original  code  title,  section,  etc. 

§  1589.  Prisoners,  United  States.  All  criminals  sen- 
tenced to  the  state  prisons  by  the  authority  of  the  United 
States  shall  be  received  and  kept  according  to  the-  sentence 
of  the  court  by  which  they  Avere  tried,  and  the  prisoners  so 
confined  shall  be  subject  in  all  respects  and  [to]  discipline 
and  treatment  as  thoiigh  committed  under  the  laws  of  this 
state.  The  wardens  are  hereby  authorized  to  charge  and 
receive  from  the  United  States,  for  the  use  of  the  state,  an 
amount  sufficient  for  the  support  of  each  prisoner,  the  cost 
of  all  clothing  that  may  be  furnished,  and  one  dollar  per 
month  for  the  use  of  the  prisoner.  No  other  or  further 
charge  shall  be  made  by  any  officer  for  or  on  account  of 
such  prisoners. 

Legislation  §  1589.     Added    by    Stats.    1907,     p.    593.     See    ante. 

Legislation  Title  I,  for  original  code  title,  section,  etc. 

§  1590.  Directors,  powers  of.  The  board  of  directors 
shall  have  power  to  contract  for  the  supply  of  gas  and  water 
for  said  prisons,  upon  such  terms  as  said  board  shall  deem 
to  be  for  the  best  interests  of  the  state,  or  to  manufacture 
gas.  or  furnish  water  themselves,  at  their  option.  They 
shall  also  have  power  to  erect  and  construct,  or  cause  to  be 
erected  and  constructed,  electrical  apparatus  or  other  illum- 
inating-works in  their  discretion  with  or  without  contract- 
ing therefor,  on  such  terms  as  they  may  deem  just.  The 
board  shall  have  full  power  to  erect  any  building  or  struc- 
ture deemed  necessary  by  them,  or  to  alter  or  improve  the 
same,  and  to  pay  for  the  same  from  the  fund  appropriated 
for  the  use  or  support  of  the  prisons,  or  from  the  earnings 
thereof,  without  advertising  or  contracting  therefor ;  pro- 
vided, that  no  building  or  structure ,'  the  cost  of  which  will 


§  1593  PENAL  com:.  704 

exceed  fixe  t lioiisiuitl  dollnrs,  slinll  lie  ereeleil  or  const  I'licted 
without  first  ohtciininj^'  the  consent  of  the  governor,  secre- 
tary, and  treasui-ei-  ol"  the  state,  or  a  majority  thereof.  The 
board  shall  have  po^\•er  to  yive  for  nicritoi'ious  service  to 
any  convict  discharged,  or  about  to  be  discharged,  a  sum  in 
addition  to  that  already  allowed,  not  exceeding  ten  dollars. 
Legislation  §  1590.  Addod  by  Stats.  1907,  p.  ."9.3.  See  ante, 
Ijcyislalioii  Title  I,  for  (irii,niial  code  title,  seotion,  etc 

§  1591.  Officers  and  employees,  not  to  receive  other  com- 
pensation than  that  allowed  by  directors.  No  officer  oi-  em- 
ployees shall  receive  directly,  or  indirectly,  any  compensa- 
tion for  his  services  other  than  that  prescribed  by  the 
directors;  nor  shall  he  receive  any  compensation  whatever, 
directly  or  indirectly,  for  any  act  or  service  which  he  may 
do  or  perform  for  or  on  behalf  of  any  contractor,  or  agent, 
or  employee  of  a  contractor.  For  any  violation  of  the  pro- 
visions of  this  section  the  officer,  agent,  or  employee  of  the 
state  shall  be  discharged  from  his  office  or  service;  and 
every  contractor,  or  employee,  or  agent  of  a  contractor  en- 
gaged therein,  shall  be  expelled  from  the  prison  grounds, 
and  not  again  permitted  within  the  same  as  a  contractor, 
agent,  or  employee. 

Legislation    1591.     Added    hy     Stats.     1907,    p.    .39:!.     See    ante, 

Legislation  Title  I,  for  original  r-ode  title,  section,  etc. 

§  1592.  Officers  and  employees,  not  to  make  or  receive 
gifts,  etc.  No  officer  or  employee  of  the  state,  or  contractor, 
or  employee  of  a  contractor,  shall,  without  permission  of 
the  board  of  directors,  make  any  gift  or  present  to  a  con- 
vict, or  receive  any  from  a  convict,  or  have  any  barter  or 
dealings  with  a  prisoner.  For  every  violation  of  the  pro- 
visions of  this  section,  the  party  engaged  therein  shall  incur 
the  same  pf«ialty  as  prescribed  in  section  one  thousand  five 
hundred  and  ninety-one  of  this  code.  No  officer  or  em- 
ployee of  the  prison  shall  be  interested,  directly  or  indi- 
rectly, in  any  contract  or  purchase  made  or  authorized  to  be 
made  by  any  one  for  or  on  l)ehalf  of  the  prisons. 

Legislation  §  1592.     Added    by    Stats.    1907,    p.    593.     See    ante. 

Legislation  Title  I,  for  original  code  title,  section,  etc. 

§  1593.  Annual  reports.  There  shall  be  printed  annu- 
ally for  the  use  of  the  prisons  five  hundred  copies  of  the 
annual  report  of  the  board  of  directors,  and  the  clerk  shall 
annually  transmit  to  each  of  the  state  prisons  in  the  United 
States  one  copy  of  such  report. 

Legislation  §  1593.     Added    by    Stats.    1907,    p.    .394.     See    ante, 

Legislation  Title  T,  for  original  code  title,  section,  etc. 


705  STATE  PRISONS.  §  1596 

§  1594.  Bonds  of  officers  and  employees.  All  the  bonds 
of  officers  and  employees  under  this  title  shall  be  deposited 
with  the  secretary  of  state. 

Legislation  §1594.     Added    by    Stats.     1907,    p.    594.     See    ante, 

Legislation  Title  I,  for  original  code  title,  section,  etc. 

§1595.     Rebuilding-   of  buildings   destroyed  by   fire.     If 

any  of  the  shops  or  buildiuys  in  which  convicts  are  em- 
ployed are  destroyed  in  any  way,  or  injured  by  fire  or  other- 
wise, they  may  be  rebuilt  or  repaired  immediately,  under 
the  direction  of  the  board  of  directors,  by  and  with  the  ad- 
vice and  consent  of  the  governor,  attorney-general,  and 
secretary  of  state,  and  the  expenses  thereof  paid  out  of  any 
funds  in  the  state  treasury  not  otherwise  appropriated  by 
law. 

Legislation  §  1595.     Added   by    Stats.     1907,     p.     594.     See    ante, 
Legislation  Title  I,  for  original  code  title,  section,  etc. 

§  1596.  Reports.  The  board  of  directors  must  report  to 
the  governor  from  time  to  time  the  names  of  any  and  all 
persons  confined  in  the  state  prisons  who,  in  their  judgment, 
ought  to  be  pardoned  out  and  set  at  liberty  on  account  of 
good  conduct,  or  unusual  term  ol  sentence,  or  any  other 
cause,  which,  in  their  opinion,  shoi.ld  entitle  the  prisoner 
to  pardon. 

Legislation  §  1596.     Added    by     Stats.     1907,    p.    594.     See    ante, 

Legislation  Title  I,  for  original  code  title,  section,  etc. 
Pen.  Code— 45 


§  1597  PENAL   CODE.  706 

TITLE  II. 

County  Jails. 

§  1.'97.  Comity  jails,  by  whom  kept  and  for  what  used. 

§  l.")98.  Ifoonis  required  in  county  jails. 

§  1599.  Prisoners  to  be  classified. 

§  IGOO.  Prisoners  committed  must  bo  actually  confined. 

§1601.  Sheriff  to  receive  prisoners  committed  by  United  States  courts. 

§  1602.  SherifT  or  jailer  answerable  for  safe-keeping  of  such  prison- 
ers. 

§  1603.  When  jail  in  contiguous  county  may  be  used. 

§  1604.  Keeper  of  jail  in  contiguous  county  to  receive  prisoners. 

§  1605.  When  jail  in  contiguous  county  is  not  to  be  used. 

§  1606.  Prisoners  to  be  returned  to  proper  county. 

§  1607.  Prisoners  may  be  removed  in  case  of  fire. 

§  1608.  Prisoners  may  be  removed  in  case  of  pestilence. 

§  1609.  Papers  served  on  jailer  for  prisoner. 

§  1610.  Guard  for  jail. 

§  1611.  Sheriff  to  receive  all  persons  duly  committed. 

§  1612.  Prisoners  on  civil  process,  when  not  to  be  received. 

§  1613.  Prisoners  may  be  required  to  labor. 

§  1614.  Rules  and  regulations  for  the  performance  of  labor.  Credits 
for  good  behavior  of  prisoner  confined  in  county  jail. 

§  1615.  Hair-cutting  for  sanitary  purposes. 

§  1616.  Care  of  femal ;  prisoners  in  county  jails. 

§  1597.     County  jails,  by  whom  kept  and  for  what  used. 

The  coniinon  jails  in  the  several  counties  of  this  state  are 
kept  by  the  sheriffs  of  the  counties  in  which  they  are  re- 
spectively situated,  and  are  used  as  follows : 

1.  For  the   detention   of  persons   committed   in   order   to 
secure  their  attendance  as  witnesses  in  criminal  eases; 

2.  For  the  detention  of  persons  charged  with  crime  and 
committed  for  trial ; 

3.  For   the    confinement    of   persons    committed    for    con- 
tempt, or  upon  civil  process,  or  by  other  authority  of  law ; 

4.  For  the  confinement  of  persons  sentenced  to  imprison- 
ment therein  upon  a  conviction  for  crime. ' 

School  of  industry  at  lone,  acts  relating  to:  See  post,  Appendix, 
tit.  "School  of  Industry." 

School  of  reform  at  Whittier,  acts  relating  to:  See  post,  Appendix, 
tit.  "School  of  Reform." 

Legislation  §  1597.  Enacted  February  14,  1872;  based  on  Stats. 
1851,  p.  192,  §  17,  which  read:  "§17.  The  county  jail  shall  be  kept 
lay  the  sheriff  and  used  as  a  prison.  1st.  For  the  detention  of  per- 
sons committed  as  witnesses  in  a  criminal  action.  2d.  For  the  de- 
tention of  persons  committed  for  trial  for  a  public  offense.  3d.  For 
the  confinement  of  persons  committed  upon  civil  process:  and  4th. 
For  the  confinement  of  persons  sentenced  to  confinement  therein, 
upon  conviction  for  a  public  offense,  or  for  examination,  charged 
with  having  committed  a  public  offense." 


707  COUNTY   JAILS.  §  1601 

§  1598.  Rooms  required  in  county  jails.  Each  county 
jail  must  coutaiu  a  sufficient  number  of  rooms  to  allow  all 
persons  belonging  to  either  one  of  the  following  classes  to 
be  confined  separately  and  distinctly  from  persons  belong- 
ing to  either  of  the  other  classes : 

1.  Persons  committed  on  criminal  process  and  detained 
for  trial ; 

2.  Persons  already  convicted  of  crime  and  held  under 
sentence ; 

3.  Persons  detained  as  witnesses  or  held  under  civil  pro- 
cess, or  under  an  order  imposing  punishment  for  a 
contempt ; 

4.  Males  separately  from  females. 

Males  and  females  to  be  separated:  See  post,  §  1599. 

Legislation  §  1598.  Enacted  February  14,  1872;  based  on  Stats. 
1851,  p.  192,  §  19,  whieh  read:  "§19.  The  court  of  sessious  of  the 
county  shall  cause  a  county  jail  to  be  erected  at  the  county  seat,  in 
case  such  jail  has  not  been  already  erected,  or  shall  provide  some 
suitable  place  for  the  safe-keeping  of  prisoners,  which  place,  until 
the  erection  of  a  jail,  is  considered  in  this  act  as  the  county  jail 
The  county  jail,  or  the  place  provided  as  such  shall  contain  a  suffi- 
cient number  of  rooms:  1st.  For  the  confinement  of  persons  com- 
mitted for  trial  in  criminal  actions,  separate  and  distinct  from 
prisoners  under  sentence.  2d.  For  the  confinement  of  prisoners 
under  sentence.  3d.  For  the  confinement  of  persons  committed  on 
civil  process,  or  as  witnesses  in  criminal  actions,  separate  from 
those  mentioned  in  the  last  two  subdivisions." 

§  1599.  Prisoners  to  be  classified.  Persons  connnitted  on 
criminal  process  and  detained  for  trial,  persons  convicted 
and  under  sentence,  and  persons  committed  upon  civil  pro- 
cess, must  not  be  kept  or  put  in  the  same  room,  nor  shall 
male  and  female  prisoners  (except  husband  and  Avife)  be 
kept  or  put  in  the  same  room. 

Legislation  §  1599.     Enacted  February  14,  1872;  in  substance  the 

same  as  Stats.  ISol,  p.  193,  §  20. 

§  1600,  Prisoners  committed  must  be  actually  confined. 
A  prisoner  committed  to  the  county  jail  for  trial  or  for 
examination,  or  upon  conviction  for  a  public  offense,  must 
be  actually  confined  in  the  jail  until  he  is  legally  dis- 
charged ;  and  if  he  is  permitted  to  go  at  large  out  of  the 
jail,  except  by  virtue  of  a  legal  order  or  process,  it  is  an 
escape. 

Legislation  §  1600.     Enacted  February  14,  1872;  in  substance  the 

same  as  Stats.   1851,  p.  194,  §  32. 

§  1601.  Sheriff  to  receive  prisoners  committed  by  United 
States  courts.  The  sheriff  must  receive,  and  keep  in  the 
county  jail,  any  prisoner  committed  thereto  by  process  or 


§  1604  PENAL    CODE.  708 

order  issued  under  tlie  authoi-ity  of  the  United  States,  until 

he  is  disehar^ed  aecordinir  to  law,  as  if  he  had  been  com- 

nutted    under   process   issued    under   the    authority    of   this 

state;  provision  beint;'  made   by  the   United  States  for  the 

support  of  sueli  prisoner. 

Legislation  §  1601.  Enacted  I'cl.nuuv  J4.  1872;  in  sul)staiu'c  llic 
samr  ns  Stats.   ISf)!,  p.   ]<)(], '^  11. 

§  1602.  Sheriff  or  jailer  answerable  for  safe-keeping  of 
such  prisoners.  A  slieiiff.  to  whose  custody  a  prisoner  is 
coniniitted,  as  provided  in  the  last  section,  is  answerable 
for  his  safe-keepino-  in  the  courts  of  the  United  States, 
accoi'dinu'  to  the  laws  thereof. 

Legislation  §  1602.  Knacted  l'\'bruary  1!,  1872;  in  Kul).stance  tlie 
same  as  Stats.  1851,  p.  19(i,  §  i2. 

§  1603.     When  jail  in  contiguous  county  may  be  used. 

When  there  is  no  jail  in  the  county,  or  Avhen  the  jail  l)cconies 
unfit  or  unsafe  for  the  confinement  of  prisoners,  the  judge  of 
the  superior  court  may,  by  a  written  order  filed  with  the 
county  clerk,  designate  the  jail  of  a  contiguous  county 
for  the  confinement  of  the  prisoners  of  his  county,  or  of  any 
of  them,  and  may  at  any  time  modify  or  vacate  such  order. 
[Amendment  approved  1905;  Stats.  1905,  p.  709.] 

Legislation  §  1603.  1.  Enacted  February  14,  1872;  in  substance 
the  same  as  Stats.  ISol,  p.  193.  §  21.  When  enacted  in  1872,  §  1603 
read:  "1603.  When  there  is  no  .jail  in  the  county,  or  when  the  jail 
becomes  unfit  or  unsafe  for  the  confinement  of  prisoners,  the  county 
judge  may,  by  a  written  appointment  filed  with  the  county  clerk, 
designate  the  jail  of  a  contiguous  county  for  the  confinement  of  the 
prisoners  of  his  county,  or  of  any  of  them,  and  may  at  any  time 
modify  or  annul  the  appointment."  s 

2.  Amendment  hj  Stats.  1901,  p.  503;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  709. 

§  1604.  Keeper  of  jail  in  contiguous  county  to  receive 
prisoners.  A  copy  of  the  appointment,  certified  by  the 
county  clerk,  must  be  served  on  the  sheritT  or  keeper  of 
the  jail  designated,  who  must  receive  into  his  jail  all  pris- 
oners authorized  to  be  confined  therein,  pursuant  to  the 
last  section,  and  who  is  responsible  for  the  safe-keeping  of 
the  persons  so  committed,  in  the  same  manner  and  to  the 
same  extent  as  if  he  was  sheriff  of  the  county  for  whose 
use  his  jail  is  desigiuited,  and  with  respect  to  the  persons 
so  committed  he  is  deemed  the  sheriff  of  the  county  from 
which  they  were  i-emoved. 

Legislation  §  160-4.     Enacted  February   14,  1872;    in   substance  the 

same  as  Slats.  1851,  p.  193,  §  22. 


709  COUNTY  JAILS.  §  1609 

§  1605.  When  jail  in  contiguous  county  is  not  to  be  used. 
When  a  jail  is  erected  in  a  eounty  for  the  use  of  wliieh  tlie 
designation  was  made,  or  its  jail  is  rendered  fit  and  safe 
for  the  confinement  of  prisoners,  the  judge  of  the  superior 
court  of  that  county  must,  ])y  a  written  revocation,  filed 
with  the  county  clerk  thereof,  declare  that  the  necessity 
for  the  designation  has  ceased,  and  that  it  is  revoked. 
[Amendment  approved  1905;  Stats.  1905,  p.  710.] 

Legislation  §  1605.  1.  Enacted  February  14,  1872;  in  substance 
the  same  as  Stats.  1851,  p.  193,  §  2.3. 

2.  Amendment  by  Stats.  1901,  p.  50.3;  unconstitutional.  See  note, 
§  5,  ante. 

3.  Amended  by  Stats.  1905,  p.  710,  changing  (1)  "in  the  county" 
to  "in  a  county,"  and  (2)  "county  judge"  to  "judge  of  the  superior 
court." 

§  1606.     Prisoners  to  be  returned  to  proper  county.     The 

county  clerk  must  immediately  serve  a  copy  of  the  revoca- 
tion upon  the  sheriff  of  the  county,  who  must  thereupon 
remove  the  prisoners  to  the  jail  of  the  county  from  which 
the  removal  was  had. 

Legislation  §  1606.  Enacted  February  14,  1872;  in  substance  the 
same  as  Stats.  1851,  p.  193,  §  24. 

§  1607.     Prisoners  may  be  removed  in  case  of  fire.     When 

a  county  jail  or  a  building  contiguous  to  it  is  on  fire,  and 
there  is  reason  to  apprehend  that  the  prisoners  may  be  in- 
jured or  endangered,  the  sheriff  or  jailer  must  remove  them 
to  a  safe  and  convenient  place,  and  there  confine  them  as 
long  as  it  may  be  necessary  to  avoid  the  danger. 

Legislation  §  1607.  Enacted  February  14.  1872;  in  substance  the 
same  as  Stats.  1851,  p.  193,  §  25. 

§  1608.    Prisoners  may  be  removed  in  case  of  pestilence. 

When  a  pestilence  or  contauious  disease  breaks  out  in  or 
near  a  jail,  and  the  physician  thereof  certifies  that  it  is 
liable  to  endanger  the  health  of  the  prisoners,  the  county 
judge  may,  by  a  written  appointment,  designate  a  safe  and 
convenient  place  in  the  county,  or  the  jail  in  a  contiguous 
county,  as  the  place  of  their  confinement.  The  appointment 
must  be  filed  in  the  office  of  the  county  clerk,  and  authorize 
the  sheriff  to  remove  the  prisoners  to  the  place  or  jail  desig- 
nated, and  there  confine  them  until  they  can  be  safely  re- 
turned to  the  jail  from  which  they  were  taken. 

Legislation  §  1608.  Enacted  February  14,  1872;  in  substance  the 
same  as  Stats.  1851,  p.  193,  §  26. 

§  1609.  Papers  served  on  jailer  for  prisoner.  A  sheriff 
or    jailer    upon    whom    a    paper    in    a    judicial    proceeding. 


§  1613  PENAL    CODE.  710 

(lirtM'tcd  to  ;i  prisoiu-i-  in  his  custod}-.  is  served,  iiiiist  I'orth- 
witli  deliver  it  to  tlie  prisoner,  with  a  note  thereon  of  the 
time  of  its  service.  For  a  neg^lect  to  do  so  he  is  liable  to 
the  prisoner  foi*  all  damages  oeeasioned  thereby. 

Legislation  §  1609.     EiiacfcMl   Ffhrnnrv   II.  1872;   in   siilist:im-f   tlic 
sanio  as  Stats.   1S.-,1.  p.   194,  §  2S. 

§1610.     Guard    for    jail.     The    sliei'iff,    Avlicn    necessary, 

may,  with  the  assent  in  writing'  of  the  connty  judge,  or  in 

a  city,  of  the  mayor  thereof,   employ  a  temporary   guard 

for  the  protection  of  the  county  jail,  or  for  the  safe-keeping 

of  prisoners,  the  expenses  of  Avhich  are  a  connty  charge. 

Legislation  §  1610.     Enacted  'Fcbrnarv   14,  1872;   in  .substance  the 
same  as  .Stats.  1851,  p.  104,  §  29. 

,  §  1611.  Sheriif  to  receive  all  persons  duly  committed. 
The  sheriff  must  receive  all  persons  committed  to  jail  by 
competent  authority,  and  provide  them  with  necessary  food, 
clothing,  and  bedding,  for  which  he  shall  be  allowed  a  rea- 
sonable compensation,  to  be  determined  by  the  board  of 
supervisors,  and,  except  as  provided  in  the  next  section,  to 
be  paid  out  of  the  county  treasury. 

Legislation  §  1611.     Enacted  February   14,  1872;   in  substance  the 
same  as  Stats.  18-51,  p.  194,  §  30. 

§  1612.  Prisoners  on  civil  process,  when  not  to  be  re- 
ceived. Whenever  a  person  is  committed  upon  process  in 
a  civil  action  or  proceeding,  except  when  the  people  of  this 
state  are  a  party  thereto,  the  sheriff  is  not  bound  to  receive 
such  person,  unless  security  is  given  on  the  part  of  the 
party  at  whose  instance  the  process  is  issued,  by  a  deposit 
of  money,  to  meet  the  expenses  for  him  of  necessary  food, 
clothing,  and  bedding,  or  to  detain  such  person  any  longer 
than  these  expenses  are  provided  for.  This  section  does 
not  apply  to  cases  where  a  party  is  committed  as  a  punish- 
ment for  disobedience  to  the  mandates,  process,  writs,  or 
orders  of  court. 

Prisoners  under  civil  and  criminal  process  to  be  kept  separate:  See 

ante,  §  1599. 

Legislation  §  1612.     Enacted  February  14,  1872;   in  substance  the 
same  as  Stats.  1851,  p.  194,  §31. 

§  1613.  Prisoners  may  be  required  to  labor.  Persons 
confined  in  the  county  jail  under  a  judgment  of  imprison- 
ment rendered  in  a  criminal  action  or  proceeding,  may  be 
requireH  by  an  order  of  the  board  of  supervisors  to  perform 
labor  on  the  public  works  or  ways  in  the  county. 
Legislation  §  1613.     Enacted  February  14,  1872. 


711  COUNTY  JAILS.  §  1616 

§  1614.  Rules  and  regulations  for  the  performance  of 
labor.  Credits  for  good  behavior  of  prisoner  confined  in 
county  jail.  The  board  of  supervisors  makiufr  such  order 
may  preser-ibe  and  enforce  the  rules  and  regulations  under 
which  such  labor  is  to  ])e  performed;  and  provide  clothing 
of  such  a  distinctive  character  for  said  prisoners  as  such 
board,  in  its  discretion,  may  deem  proper.  For  each  month 
in  which  the  prisoner  appears,  by  the  record,  to  have  given 
a  cheerful  and  willing  obedience  to  the  rules  and  regula- 
tions, and  that  his  conduct  is  reported  by  the  officer  in 
charge  of  the  jail  to  be  positively  good,  five  days  shall,  with 
the  consent  of  the  board  of  supervisors,  be  deducted  from 
his  term  of  sentence.  [Amendment  approved  1893 ;  Stats. 
1893,  p.  298.] 

Legislation  §  1614.  1.  Enacted  February  14,  1872.  When  en- 
acted in  1S72,  §  1(J14  was  composed  of  the  first  clause  of  the  first 
sentence  of  the  present  section,  ending  with  the  words  "to  be  per- 
formed." 

2.  Amended  by  Stats.  1893,  p.  298. 

§  1615.  Hair-cutting  for  sanitary  purposes.  "Whenever 
the  board  of  health  of  any  city  or  county,  or  the  board  of 
supervisors  of  any  county,  or  the  county  physician  of  any 
.iounty  of  this  state,  presents,  or  causes  to  be  presented 
to  the  sheriff,  or  other  officer  having  charge  of  any  county 
jail  or  prison  in  any  county  or  city,  in  this  state,  a  certifi- 
cate, or  order,  in  writing,  to  the  effect  that  it  is  by  them, 
or  him,  considered  necessary  for  the  purpose  of  protecting 
<he  public  health,  or  to  prevent  the  introduction  or  spread- 
ing of  disease,  or  to  protect  or  improve  the  health  of  crim- 
inals under  sentence,  that  the  hair  of  any  criminal  or 
criminals  be  cut,  such  sheriff,  or  other  officer,  must  cut,  or 
cause  to  be  cut  the  hair  of  any  such  person  or  persons 
in  his  charge  convicted  of  a  misdemeanor  and  sentenced  to 
a  longer  term  of  imprisonment  than  fifteen  days,  to  a  uni- 
form length  of  one  and  one  half  inches  from  the  scalp 
of  such  person  or  persons  so  imprisoned. 

Legislation  §  1615.  1.  Addition  by  Stats.  1901,  p.  503;  uncon- 
stitutional.    See  note,  §  5,  ante. 

2.  Added  by  Stats.  1905,  p.  710;  the  code  commissioner  saying, 
"This  section  is  a  codification  of  §  1  of  the  statute  of  1883,  p.  280, 
to  protect  the  public  health." 

§  1616.  Care  of  female  prisoners  in  county  jails.  When- 
ever any  female  prisoner  or  prisoners  are  confined  in  any 
county  jail  in  the  state,  and  no  regular  jail  matron  has  been 
appointed,  there  shall  be  designated  by  the  sheriff'  some 
suitable   woman   who   shall   have   immediate    care    of   such 


^  lUlG  PENAL    CODE.  712 

female  prisouer  or  j)ri.s()iH'i'!>.  Such  reiiiak;  prisoners  shall 
be  so  kei)t  tliat  tiiey  cannot  see  or  be  seen  by,  or  converse 
with,  any  male  prisoners  confined  in  said  jail,  and  it  shall 
be  unlawful  for  any  male  ot'licer  or  jailer  to  search  the  per- 
son of  any  female  prisonei",  or  to  enter  into  the  room  or  cell 
occupied  by  any  female  prisoner,  except  in  the  company  of 
sucli  matron  or  woman  having  the  care  of  such  fenmle  pris- 
oner. 

Legislation  §  1616.     Added  by  Stats.  1911,  p.  i)li. 

Approved  Fel.ruary  14,  1872. 

NEWTON  BOOTH,  Governor. 


APPENDIX. 

(7i;?) 


APPENDIX. 

ADULTERATION. 

Butter  and  cheese:  See  post,  tit.  "Butter." 
Olive-oil:  See  post.  tit.  "Olive-oil." 

An  Act  to  prohihit  (Did  punish  tlic  sale  of  adulterated  syrup. 

[Approved  March  29,  1S78;  Stats.  1877-78,  p.  695.] 

§  1.     Selling  adulterated  svrup. 

§  2.     Penalty. 

§  3.     Act  takes  effect  when. 

Selling  adulterated  syrup. 

Section  1.  Any  person  who  shall  knowingly  sell,  or 
keep,  or  offer  for  sale,  or  otherwise  dispose  of  any  syrnp, 
or  golden-drips  syrup,  silver-drips  syrup,  or  molasses,  con- 
taining muriatic  or  sulphuric  acids,  or  glucose,  or  adulter- 
ated with  any  other  substance  to  improve  the  color  thereof. 
shall  be  guilty  of  a  misdemeanor, 

Penalty. 

Sec.  2.  Any  person  violating  the  provisions  of  section 
one  of  this  act  shall  be  punished,  and  imprisoned  in  the 
county  .jail  of  the  county  in  which  the  offense  is  committed 
for  a  period  not  exceeding  six  months,  or  by  a  fine  not  ex- 
ceeding five  hundred  dollars,  or  both. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  from  and  after  its 
passage. 

An  Act  to  proliibit  the  sopJiistication  and  adulteration  of 
wine,  and  to  prevent  fraud  in  the  manufacture  and  sale 
thereof. 

[Approved  March  7,  1887;  Stats.  1887,  p.  46.] 

Eepealed  April  26,  1911;  Stats.  1911,  p.  1110. 

(715) 


TIG  APPENDIX. 

A)i  Act  to  prevent  deception  in  the  niainifaclurc  and  s(de  of 
California  luines  by  establishing  a  uniform  wine  nomen- 
clature for  pure  wines,  to  secure  its  enforcement,  and 
to  provide  a  penalty  for  the  violation  of  the  provisions 
thereof. 

[Approved  March  (5,  1907;  Stats.  1907,  p.  127.] 

§  1.  Uniform  wine  nomenclature. 

§  2.  Unlawful  to  use  prefix  on  impure  wines. 

§  3.  Same. 

§  4.  Pure  wine  defined. 

§  5.  Penalty  for  violation  of  act. 

§  6.  Act  takes  effect  when. 

Uniform  wine  nomenclature. 

Section  1.  A  uniform  wine  nomenclature  is  hereby 
adopted  for  pure  wines  manufactured  in  this  state  from  the 
juice  of  the  grape.  Such  wine  nomenclature  shall  consist 
in  the  use  of  the  prefix  ''Cal"  or  "Gala"  to  the  name  of  any 
kind,  type,  name  or  abbreviation  of  name  of  wine,  as  for 
example :  "Calclaret."  "Calburgundy,"  "Calariesling,"  etc., 
in  stamping  or  labeling  such  wines. 

Unlawful  to  use  prefix  on  impure  wines. 

Sec.  2.  And  it  shall  be  unlaAvful  for  any  person,  firm  or 
corporation,  in  this  state,  to  use  such  prefix  in  connection 
with  wine  nomenclature  upon  any  imprint,  label,  trade- 
mark, tag,  stamp,  stencil,  paper,  or  brand,  or  other  inscrip- 
tion or  device,  placed  or  impressed  upon  any  vessel,  bottles, 
cask,  barrel,  case,  or  package,  containing  any  liquid  sub- 
stance other  than  pure  wine  of  California  manufacture, 
made  from  the  juice  of  the  grape ;  or  to  use  in  marking, 
branding,  stamping,  stenciling,  tagging,  or  labeling  any 
vessel,  bottle,  cask,  barrel,  case,  or  package  containing  any 
liquid  other  than  pure  wine  of  California  manufacture, 
made  from  the  juice  of  the  grape,  any  imitation  or  counter- 
feit of  such  nomenclature,  or  any  paper  or  brand  in  the 
similitude  or  resemblance  thereof,  or  any  paper  or  brand 
of  such  form  and  appearance  as  to  be  calculated  to  mislead 
or  deceive  any  unwary  person  or  cause  him  to  suppose  the 
contents  thereof  to  be  pure  wine  of  California  manufacture, 
origin  or  i^roduction,  made  from  the  juice  of  the  grape. 

Same. 

Sec.  3.  And  it  shall  be  unlawful  for  any  person,  firm,  or 
corporation,  in  this  state,  to  sell  or  offer  for  sale,  or  have 
in  his  or  its  possession,  for  sale,  any  liquid  substance 
marked,  branded  or  labeled  by  the  use  of  such  wine  nomen- 
clature aforesaid,  or  by  the  use  of  any  mark,  or  brand,  or 


ADULTERATION.  717 

stencil  in  semblance  thereof,  nnless  the  same  ])e  pui'<'  wine 
of  California  mannfaeture,  made  from  the  jnice  of  the 
grape. 

Pure  wine  defined. 

Sec.  4.  For  the  purposes  of  this  act,  pure  wine  shall  be 
such  as  is  defined  to  be  pure  wine  under  the  provisions  of 
the  laws  of  the  United  States  relating  to  the  fortification 
of  pure  sweet  wines,  and  of  the  food  and  drugs  act,  adopted 
by  the  Congress  of  the  United  States,  and  approved  June 
30th,  1906,  and  under  laws  of  the  state  of  California  now 
or  hereafter  adoi^ted. 

Penalty  for  violation  of  act. 

See.  5.  AVhoever  violates  any  of  the  provisions  or  sec- 
tions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of 
not  less  than  one  hundred  dollars  ($100.),  nor  more  than 
one  thousand  dollars  ($1000.),  or  by  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days,  nor  more  than  six 
months,  or  by  both  such  fine  and  imprisonment,  in  the  dis- 
cretion of  the  court. 

Act  takes  effect  when. 

Sec.  6.  This  act  shall  take  effect  sixty  days  after  its 
passage. 

An  Act  to  provide  against  the  adulteration  of  food  and  drugs. 

[Approved  March  26,  1895;  Stats.  1895,  p.  71.] 

§  1.  Adulterated  drugs  or  food. 

§  2.  "Drug"  defined.     "Food"  defined. 

§  3.  Drug   adulteration    defined.     Food   adulteration    defined.     Excep- 
tions. 

§  4.  Must  furnish  samples  for  analysis. 

§  5.  Penalty. 

§  6.  Act  takes  effect  when. 

Adulterated  drugs  or  food. 

Section  1.  No  person  shall,  within  this  state,  manufac- 
ture for  sale,  offer  for  sale,  or  sell  any  drug  or  article  of 
food  which  is  adulterated  wdthin  the  meaning  of  this  act. 

"Drug"  defined.     "Food"  defined. 

Sec.  2.  The  term  "drug,"  as  used  in  this  act,  shall  in- 
clude all  medicines  for  internal  or  external  use,  antiseptics, 
disinfectants,  and  cosmetics.  The  term  "food,"  as  used 
herein,  shall  include  all  articles  used  for  food  or  drink  by 
man,  whether  simple,  mixed,  or  compound. 


71S  AIM'KNDIX. 

Drug    adulteration    defined.     Food    adulteration    defined. 
Exceptions. 

Sec.  3.  Ally  article  shall  bo  deeinod  to  be  adulterated 
within  the  meaning  of  this  act : 

(a)  In  the  case  of  drugs:  (1)  If,  when  sold  under  or  by 
a  name  recognized  in  the  United  States  Pharmacopoeia,  it 
differs  from  the  standard  of  .strength,  quality,  or  purity 
laid  down  therein.  (2)  If,  when  sold  under  or  by  a  name 
not  recognized  in  the  United  States  Pharmacopoeia,  but 
which  is  found  in  some  other  pharmacopoeia  or  other 
standard  work  on  materia  medica,  it  differs  materially  from 
the  standard  of  strength,  quality,  or  purity  laid  down  in 
such  Avork.  (3)  If  its  strength,  quality,  or  purity  falls  be- 
low the  professed  standard  under  which  it  is  sold. 

(b)  In  the  case  of  food:  (1)  If  any  substance  or  sub- 
stances have  been  mixed  with  it,  so  as  to  lower  or  depreciate, 
or  injuriously  affect  its  quality,  strength,  or  purity.  (2)  If 
any  inferior  or  cheaper  substance  or  substances  have  been 
substituted  wholly  or  in  part  for  it.  (3)  If  any  valuable  or 
necessary  constituent  or  ingredient  has  been  whoUj^  or  in 
part  a'stracted  from  it.  (4)  If  it  is  an  imitation  of,  or 
is  sold  under  the  name  of,  another  article.  (5)  If  it  con- 
sists wholly,  or  in  part,  of  a  diseased,  decomposed,  putrid, 
infected,  tainted,  or  rotten  animal  or  vegetable  substance 
or  article,  whether  manufactured  or  not ;  or  in  the  case  of 
milk,  if  it  is  the  produce  of  a  diseased  animal.  (6)  If  it  is 
colored,  coated,  polished,  or  powdered,  whereby  damage 
or  inferiority  is  concealed,  or  if  by  any  means  it  is  made  to 
appear  better  or  of  greater  value  than  it  really  is.  (7)  If 
it  contains  any  added  substance  or  ingredient  which  is 
poisonous  or  injurious  to  health. 

Provided,  that  the  provisions  of  this  act  shall  not  apply 
to  mixtures  or  compounds  recognized  as  ordinary  articles 
or  ingredients  of  articles  of  food,  if  each  and  every  package 
sold  or  offered  for  sale  be  distinctly  labeled  as  mixtures  or 
compounds,  with  the  name  and  per  cent. of  each  ingredient 
therein,  and  are  not  injurious  to  health. 

Must  furnish  samples  for  analysis. 

Sec.  4.  Every  person  manufacturing,  exposing  or  offer- 
ing for  sale,  or  delivering  to  a  purchaser,  any  drug  or  arti- 
cle of  food  included  in  the  provisions  of  this  act,  shall  fur- 
nish to  any  person  interested,  or  demanding  the  same,  who 
shall  apply  to  him  for  the  purpose,  and  shall  tender  him 
the  value  of  the  same,  a  sample  sufficient  for  the  analysis 
of  any  such  drug  or  article  of  food  Avhieh  is  in  his 
possession. 


ADULTERATION.  719 

Penalty, 

Sec.  5.  Wlioever  refuses  to  comply,  iipou  demand,  with  the 
requirements  of  section  four,  and  whoever  violates  any  of 
the  provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  shall  be  fined  not  exeeedinp:  one  hundred  nor  less  than 
twenty-five  dollars,  or  imprisoned  in  the  county  jail  not 
exceeding  one  hundred  nor  less  than  thirty  days,  or  both. 
And  any  person  found  guilty  of  manufacturing:,  offering 
for  sale,  or  selling,  an  adulterated  article  of  food  or  drug 
under  the  provisions  of  this  act  shall  be  adjudged  to  pay, 
in  addition  to  the  penalties  hereinbefore  provided  for,  all 
the  necessary  costs  and  expenses  incurred  in  inspecting  and 
analyzing  such  adulterated  articles  of  which  said  person 
may  have  been  found  guilty  of  manufacturing,  selling,  or 
offering  for  sale. 

Act  takes  effect  when. 

See.  6.  This  act  shall  be  in  force  and  take  effect  from 
and  after  its  passage. 

Codification  of  sections  of  this  act.     §§  1,  2,  3,  with  the  exception 
of  the  proviso,  were  codified  in  §  383  of  the  Penal  Code,  ante. 

An  Act  to  prevent  the  sale  of  imitation  or  adulterated  lioney, 
and  to  provide  a  punishment  therefor. 
[Approved  March  26,  1895;  Stats.  1895,  p.  94.] 
This  act  was  superseded  by  the  following  act : 

An  Act  to  2)roh,ibit  the  adulteration  of  honey,  and  to  provide 

a  punishment  therefor. 

[Api^roved  February  23,  1897;  Stats.  1897,  p.  12.] 

§  1.  Manufacture  of  adulterated  honey  prohibited. 

§  2.  Sample  for  analysis. 

§  3.  Extracted  honey. 

§  4.  Penalties. 

§  5.  Act  takes  effect  when. 

Manufacture  of  adulterated  honey  prohibited. 

Section  1.  No  person  shall,  within  this  state,  manufacture 
for  sale,  offer  for  sale,  or  sell  any  extracted  honey  which 
is  adulterated  by  the  admixture  therewith  of  either  refined 
or  commercial  glucose,  or  any  other  substance  or  sub- 
stances, article  or  articles  which  may  in  any  manner  affect 
the  purity  of  the  honey. 

Sample  for  analysis. 

Sec.  2.  Every  person  manufacturing,  exposing,  or  offer- 
ing for  sale,  or  delivering    to  a  purchaser  any    extracted 


/-"  APPENDIX. 

honey,  shall  riinii.sh  to  any  person  iul  ci-estcd,  of  (h'liiaiulin^^ 
the  saint',  wlio  shall  apply  to  him  i"oi-  the  puri)osc',  and 
ten(h>r  him  the  value  of  the  same,  a  sample  sunif^ient  for  the 
analysis  of  an\'  such  oxti-acted  lioney  which  is  in  his  pos- 
session. 

Extracted  honey. 

Sec.  3.  For  the  purposes  of  this  act,  "extracted  honey" 
is  the  transformed  nectar  of  flowers,  which  nectar  is  gath- 
ered by  the  bee  from  natural  sources,  and  is  extracted  from 
the  comb  after  it  has  been  stored  by  the  bee. 

Penalties. 

Sec.  4.  Whoever  violates  any  of  the  provisions  of  this 
act  is  guilty  of  a  misdemeanor,  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  twenty-five  nor  more  than  four 
hundred  dollars,  or  imprisoned  in  the  county  jail  not  less 
than  twenty-five  days  nor  more  than  six  months,  or  both 
such  fine  and  imprisonment.  And  any  person  found  guilty 
of  manufacturing,  offering  for  sale,  or  selling  any  adulter- 
ated honey  under  the  provisions  of  this  act  may,  in  the  dis- 
cretion of  the  court,  be  adjudged  to  pay,  in  addition  to  the 
penalties  hereinbefore  provided  for,  all  necessary  costs  and 
expenses,  not  to  exceed  fifty  dollars,  incurred  in  analyzing 
such  adulterated  honey  of  which  such  person  may  have 
been  found  guilty  of  manufacturing,  selling,  or  offering  for 
sale. 

Act  takes  effect  when. 

Sec.  5.  This  act  shall  be  in  force  and  take  effect  from 
and  after  its  passage. 

An  Act  to  prevent  the  adulteration  of  paints,  oils,  varnishes 

and  pigments. 
[Approved  March  22,  1907;  Stats.  1907,  p.  852.] 

§  1.     Adulteration  of  paints  prohibited. 
§2.     What   shall   be    deemed   adulterated. 
§  3.     Misdemeanor. 

Adulteration  of  paints  prohibited. 

Section  1.  No  person  shall  within  this  state  manufacture 
for  sale,  offer  for  sale  or  sell  any  article,  mixture,  com- 
pound or  substance,  used  in  making  paints,  oils,  varnishes  or 
pigments,  which  is  adulterated  within  the  meaning  of  this 
act. 


ADULTERATION.  721 

What  shall  be  deemed  adulterated. 

See.  2.  Any  article  slitill  be  deeiiied  adulterated  within 
the  meaning-  of  this  act : 

1.  In  case  of  oils,  turpentines,  alcohol   or  other  vehicles: 

(a)  If  it  contains  any  other  substance  or  substances,  in- 
gredient or  ingredients,  different  from  the  article  under  the 
name  of  which  it  is  offered  for  sale  or  sold ; 

(b)  If  any  substance  has  been  mixed  with  it  so  as  to 
lower,  depreciate  or  injuriously  aft'ect  the  quality,  strength 
or  purity  of  the  article ; 

(c)  If  any  inferior  or  cheaper  substance  or  substances 
have  been  substituted  wholly  or  in  part  for  it ; 

(d)  If  it  is  an  imitation,  or  is  sold  under  the  name  of 
any  other  article. 

2.  In  ease  of  lead,  zinc,  ocher  or  other  metal,  mineral  or 
chemical  paints,  or  any  or  other  pigments  in  paste  form  and 
labeled    pure,  used  in  the  painting  or  decorating  industry: 

(a)  If  any  substance  which  low^ers,  depreciates  or  inju- 
riously affects  the  quality,  strength  or  purity  of  the  article 
has  been  mixed  with  it,  or  substituted  wholly  or  in  part 
for  it; 

(b)  If  it  is  an  imitation  of  any  other  article. 

Misdemeanor. 

Sec.  3.  Every  person  who  adulterates  or  dilutes  any 
article  mentioned  in  this  act  and  sells  or  offers  for  sale  the 
same  so  diluted  or  adulterated,  as  undiluted  and  unadul- 
terated, and  every  person  who  sells  or  offers  for  sale  a 
different  article  without  informing  the  purchaser  of  such 
difference,  and  every  person  who  violates  any  of  the  provi- 
sions of  this  act  is  guilty  of  a  misdemeanor. 

Act  for  prevention  of  the  manufacture,  sale,   or  transportation 

of  adulterated,  mislabeled,  or  misbranded  drugs:  See  post,  Appen- 

(lix,  tit.     "Drugs." 
Ppii.  Code — 46 


722  APPENDIX. 

An  Act  for  prcvcniinij  llii;  iimnufdciure,  sale  or  transporta- 
lioii  of  (1(1  III  I  ( rated,  mislahdid  or  nusbrandcd  foods  and 
liquors  and  rcffidaliio/  llu  traffic  therein,  providing  pen- 
alties, estatdisliiny  a  si  ale  lal)oratory  for  foods,  liquors 
and  driKjs  and  niakiitij  an  appropriation  therefor. 

[1.  Approved  Mai-cli  IJ,  ]9U7;  Stats.  3907.  p.  208.  2.  Amended  1909; 
Stats.  1909.  p.  51.  3.  Amended  1909;  Stats.  1909,  p.  353.  4. 
Amended  1911;  Stats.  1911,  p.  1114.  5.  Amended  by  Stats.  1915, 
p.   170.] 

§    1.  Manufacture  and  sale  of  adulterated  food  prohibited. 

§    2.  Definition   of  term   "food." 

§    3.  Standard  of  purity. 

§    4.  What  constitutes  adulteration  of  food. 

§    5.  To  what  the  term  "misbranded"  applies. 

§    6.  Food,  mislabeled  or  misbranded,  what  shall  be  deemed  as. 

§    7.  Definition  of  the  term  "package." 

§    8.  Possession   of   adulterated   food. 

§    9.  State  laboratory   established.     Director   of  laboratory.     Salary. 

Clerical  assistants. 

§  10.  Suspected  food  to  be  analyzed  by  state  board  of  health.     Duty 

of  sheriffs. 

§  11.  Evidence  to  be  reported  to  district  attorney. 

§  12.  Unlawful  to  conceal  food. 

§  13.  Eeport  to  state  board  of  health. 

§  14.  Certificate  of  director. 

§  15.  Annual   report   of  director   of  state  laboratory. 

§  16.  Hearings  for  violations  of  act. 

§  17.  Sheriff  to  jxirchase  samples  of   alleged  adulterated  food. 

§  18.  Fees  of  sheriff. 

§  19.  Duty  of  district  attorney. 

§  20.  Misdemeanor  to  violate  act.     Adulterated  food  to  be  destroyed. 

§  21.  Disposition  of  fines. 

§  22.  Dealer  not  to  be  prosecuted  when  he  holds  wholesaler's  guaranty. 

§  23.  Appropriation. 

§  24.  Act  prohibits  manufacture    after  what  date. 

§  25.  Eepeal  of  conflicting  acts. 

§  26.  Act  takes  effect  when. 

Manufacture  and  sale  of  adulterated  food  prohibited. 

Section  1.  The  nianufaeture,  production,  preparation, 
compounding,  packing,  selling,  offering  for  sale  or  keeping 
for  sale  within  the  state  of  California,  or  the  introduction 
into  this  state  from  any  other  state,  territory,  or  the  Dis- 
trict of  Columbia,  or  from  any  foreign  country,  of  any  arti- 
cle of  food  or  liquor  which  is  adulterated,  mislabeled  or 
misbranded  within  the  meaning  of  this  act  is  hereby  pro- 
hibited. Any  person,  firm,  company,  or  corporation  who 
shall  import  or  receive  from  any  other  state  or  territory  or 
the"  District  of  Columbia  or  from  any  foreign  country, 
or  w^ho  having  so  received  shall  deliver  for  pay  or  other- 
wise, or  offer  to  deliver  to  any  other  person,  any  article 
of    food    or  liquor    adulterated,   mislabeled    or    uiisbranded 


ADULTERATION.  723 

Avitliiii  tlic  iiicaniiiu'  of  this  act,  oi-  jiiiy  person  wlio  sluill 
nianni'aotiii'c  or  produco.  prepare  or  eomponnd,  or  pack  or 
sell,  or  otfer  for  sale,  or  keep  for  sale,  in  the  state  of  Cali- 
fornia any  such  adulterated,  mislabeled  or  misbranded  food.- 
or  li(pior  shall  be  j^uilty  of  a  misdemeanor;  provided  that 
no  article  of  food  shall  be  deemed  adulterated,  mislabeled 
or  misbranded  within  the  provisions  of  this  act,  Avhen  pre- 
pared for  export  beyond  the  jurisdiction  of  the  United 
States  and  prepared  or  packed  according  to  specifications 
or  directions  of  the  foreign  purchaser,  when  no  substance  is 
used  in  the  preparation  or  packing  thereof  in  conflict  with 
the  laws  of  the  foreign  country  to  which  said  article  is 
intended  to  be  shipped ;  but  if  such  foods  shall  be  in  fact 
sold,  or  kept  or  offered  for  sale  for  domestic  uses  and  con- 
sumption, then  this  proviso  shall  not  exempt  said  article 
from  the  operation  of  any  provisions  of, this  act. 

Definition  of  term  "food." 

Sec.  2.  The  term  "food"  as  used  in  this  act  shall  include 
all  articles  used  for  food,  drink,  liquor,  confectionery  or  con- 
diment by  man  or  other  animals,  wh-ether  simple,  mixed,  or 
compound. 

Standard  of  purity. 

Sec.  3.  The  standard  of  purity  of  food  and  liquor  shall 
be  that  proclaimed  by  the  Secretary  of  the  United  States 
Department  of  Agriculture. 

What  constitutes  adulteration  of  food. 

Sec.  4.  Food  shall  be  deemed  adulterated  within  the 
meaning  of  this  act,  in  any  of  the  f olloAving  cases  : 

First :  If  any  substance  has  been  mixed  or  packed,  or 
mixed  and  packed  with  the  food  so  as  to  reduce  or  lower  or 
injuriously  affect  its  quality,  purity,  strength,  or  food  value. 

Second:  If  any  substance  has  been  substituted  wholly  or 
in  part  for  the  article  of  food. 

Third :  If  any  essential  or  any  valuable  constituent  or  in- 
gredient of  the  article  of  food  has  been  wholly  or  in  part 
abstracted. 

Fourth :  If  it  be  mixed,  colored,  powdered,  coated  or 
stained  in  any  manner  whereby  damage  or  inferiority^  is  con- 
cealed. 

Fifth :  If  it  contain  any  added  poisonous  or  other  added 
deleterious  ingredient. 

Sixth :  If  it  consists  in  whole  or  in  part  of  a  filthy,  decom- 
posed or  putrid  animal  or  vegetable  substance,  or  any  por- 
tion of  an  animal  or  vegetable  unfit  for  food  whether  manu- 


724  AIM'KVDIX. 

raeturcd  oi-  iiot,  or  if  it  is  i\\o.  j)r()ilii('l  (»f  ;i  diseased  animal 
or  one  that  has  died  otherwise  tliaii  l)y  slaugliter;  ])i'ovided 
that  ail  article  of  liquor  shall  not  be  deemed  adulterated, 
mislabeled  or  misbranded  if  it  be  blended  or  mixed  with  like 
substances  so  as  not  to  injuriously  reduce  or  injuriously 
lower  or  injuriously  affect  its  quality,  purity  or  strenj^th. 

Seventh  :  In  the  case  of  confectionery  :  If  it  contains  terra- 
alba,  barytes,  talc,  chrome  yellow,  or  other  mineral  sub- 
stance or  poisonous  color  or  flavor,  or  other  ingredient 
deleterious  or  detrimental  to  health,  or  any  vinous,  malt,  or 
spirituous  liquor  or  compound  or  narcotic  drug. 

Eighth  :  In  the  case  of  vinegar  :  If  it  be  artifically  colored. 

Ninth :  If  it  does  not  conform  to  the  standard  of  purity 
therefor  as  proclaimed  by  the  Secretary  of  the  United  States 
Department  of  Asrieulture.  [Amendment  approved  March 
13,  1909;  Stats.  1909,  p.  353.] 

To  what  the  term  "misbranded"  applies. 

Sec.  5.  That  the  term  "misbranded"  as  used  herein  shall 
apply  to  all  articles  of  food,  or  articles  which  enter  into  the 
composition  of  food,  the  package  or  label  of  Avhich  shall  bear 
any  statement,  design  or  device  regarding  such  article,  or 
the  ingredients  or  substances  contained  therein  which  shall 
be  false  or  misleading  in  any  particular,  and  to  any  food 
product  which  is  falsely  branded  as  to  the  county,  city  and 
county,  city,  town,  state,  territory,  District  of  Columbia  or 
foreign  country  in  which  it  is  manufactured,  or  produced. 

Food,  mislabeled  or  misbranded,  v^hat  shall  be  deemed  as. 

Sec.  6.  Food  and  liquor  shall  be  deemed  mislabeled  or 
misbranded  within  the  meaning  of  this  act  in  any  of  the 
following  cases : 

First.  If  it  be  an  imitation  of  or  offered  for  sale  under 
the  distinctive  name  of  another  article  of  food. 

Second.  If  it  be  labeled  or  branded  or  colored  so  as  to 
deceive  or  mislead,  or  tend  to  deceive  or  mislead  the  pur- 
chaser ;  or  if  it  be  falsely  labeled  in  any  respect,  or  if  it 
purport  to  be  a  foreign  product  tending  to  mislead  the  pur- 
chaser, or  purport  to  be  a  foreign  product  when  not  so,  or 
if  the  contents  of  the  package  as  originally  put  up  shall 
have  been  removed,  in  whole  or  in  part,  and  other  contents 
shall  have  been  placed  in  such  package. 

Third.  If  in  package  form,  and  the  contents  are  stated 
in  terms  of  w-eight  or  measure,  they  are  not  plainly  and 
correctly  stated  on  the  outside  of  the  package. 

Fourth.  If  the  package  containing  it  or  its  label  shall 
bear   any   statement,   design   or   device   regarding   the   in- 


ADULTERATION.  725 

gredieiits  or  the  substance  contained  therein,  which  state- 
ment, design  or  device  shall  be  false  or  misleading  in  any- 
particular. 

Fifth.  AVhen  any  package  bears  the  name  of  the  man- 
ufacturers, jobbers  or  sellers,  or  the  grade  or  the  class  of  the 
product,  it  must  bear  the  name  of  the  real  manufacturers, 
jobbers  or  sellers  and  the  true  grade  or  class  of  the  product, 
the  same  to  be  expressed  in  clear  and  distinct  English  words 
in  legible  type ;  provided,  that  an  article  of  food  shall  not 
be  deemed  misbranded,  if  it  be  a  well-known  food  product 
of  a  nature,  quality  and  appearance,  and  so  exi^osed  to 
public  inspection  as  not  to  deceive  or  mislead  nor  tend  to 
deceive  or  mislead  a  purchaser,  and  not  misbranded  and 
not  of  the  character  included  within  the  definitions  one  to 
four  of  this  section. 

Sixth.  If,  having  no  label,  it  is  an  imitation  or  adultera- 
tion, or  is  sold  or  offered  for  sale  under  a  name,  designation, 
description  or  representation  which  is  false  or  misleading 
in  any  particular  whatever ;  and  in  case  of  eggs  and  poultry  : 
if  they  have  been  kept  or  packed  in  cold  storage,  or  other- 
wise preserved,  they  must  be  so  indicated  by  written  or 
printed  label  or  placard  plainly  designating  such  fact  when 
offered  or  exposed  for  sale.  [Amendment  approved  Feb- 
ruary 22,  1909  ;  Stats.  1909,  p.  51.] 

Definition  of  the  term  "package." 

Sec.  7.  The  term  "package"  as  used  in  this  act  shall 
be  construed  to  include  any  phial,  bottle,  jar,  demijohn,  car- 
ton, bag,  case,  can,  box  or  barrel  or  any  receptacle,  vessel 
or  container  of  whatsoever  material  or  nature  which  may  be 
used  by  a  manufacturer,  producer,  jobber,  packer  or  dealer, 
for  inclosing  any  article  of  food. 

Possession  of  adulterated  food. 

Sec.  8.  The  possession  of  any  adulterated,  mislabeled  or 
misbranded  article  of  food  or  liquor  by  any  manufacturer, 
producer,  jobber,  packer,  or  dealer  in  food,  or  broker,  com- 
mission merchant,  agent,  employee  or  servant  of  any  such 
manufacturer,  producer,  jobber,  packer,  or  dealer,  shall  be 
prima  facie  evidence  of  the  violation  of  this  act. 

State  laboratory  established.     Director  of  laboratory.     Sal- 
ary.    Clerical  assistants. 

Sec.  9.  For  the  purpose  of  this  act  there  is  hereby  estab- 
lished a  state  laboratory  for  the  analysis  and  examination  of 
foods  and  drugs,  which  shall  he  under  the  su])ervision  of  the 
state  lioai'd  of  licalth,   which  laboi'Mtoiy  sliall   ho  located   at 


726  APPENDIX. 

siu-Ji  place  as  the  stati  l)()ai'(l  of  licalth  may  select.  The  state 
board  of  health  shall  apijoint  a  di rector  ot'  said  laboratory,  a 
consultiuy  nutrition  expert,  and  an  assistant  to  such  dii'cctor, 
all  of  whom  shall  l)e  skilled  pharmaceutical  chemists  and 
analysts  of  foods  anddruos.  Said  director  shall  perform  all 
duties  ro(iuired  by  this  act  and  which  shall  he  reqnired  by  the 
state  board  of  health.  Said  consnltin?'  nutrition  expert  shall 
at  all  times  be  ready  for  consultation  with,  pfivc  advice  to,  and 
perform  duties  in  connection  with  the  director  of  said  labora- 
tory, and  shall  at  all  times  be  nnder  the  supervision  of  and 
perform  such  dutie '.  under  this  act  as  are  required  by  the  state 
board  of  health.  As  a  part  of  his  dntics  he  shall  consult  and 
advise  with  the  state  board  of  control  eoncerninoj  standards  of 
purity  and  other  matters  relatino;  to  foods  and  drntrs  pur- 
chased by  the  state  of  California  for  any  or  all  of  its  institu- 
tions. The  assistant  shall  ho  nnder  the  supervision  of  the 
director  and  shall  perform  all  duties  required  of  him  by  the 
director  and  by  the  state  board  of  health. 

The  director  shall  receive  an  annual  salary  of  three  thou- 
sand dollars,  the  consultine:  nutrition  expert  shall  receive  an 
annual  salary  of  one  thousand  dollars,  and  the  assistant  to 
the  director  shall  receive  an  annual  f-alary  of  fifteen  hundred 
dollars.  All  such  salaries  shall  he  paid  in  the  same  manner 
and  at  the  same  time  as  the  salaries  of  state  officers. 

The  state  board  of  health,  out  of  the  appropriation  herein- 
after provided,  and  out  of  the  funds  derived  from  the  opera- 
tion of  this  act,  may  employ  and  fix  the  compensation  of  other 
and  additional  clerical  and  professional  assistants.  [Amend- 
ment approved,  April  23,  1915;    Stats.  1915,  p.  171.] 

Suspected  food  to  be  analyzed  by  state  board  of  health. 
Duty  of  sheriffs. 

Sec.  10.  The  state  board  of  health  or  its  secretary,  shall 
cause  to  be  made  by  the  said  director  of  the  state  laboratory, 
examinations  and  analyses  of  food  and  liquor  on  sale  in 
California,  suspected  of  being  adulterated,  mislabeled  or 
misbranded  at  such  times  and  places  and  to  such  extent 
as  said  board  or  its  secretary  may  determine,  and  may  ap- 
point such  agent  or  agents,  as  it  may  deem  necessary,  and 
the  sheriffs  of  the  respective  counties  of  the  state  are  hereby 
appointed  and  constituted  agents  for  the  enforcement  of 
this  act  and  any  agent  or  sheriff  shall  have  free  access,  at 
all  reasonable  hours,  for  the  purpose  of  examining  any  place 
where  it  is  suspected  that  any  article  of  adulterated,  mis- 
labeled or  misbranded  foods  exist,  and  such  agent  or  slieriff 


ADULTERATION.  727 

upon  tendering  the  market  price  of  said  articles,  if  a  sale 
be  refused,  may  take,  from  any  person,  firm  or  corporation 
samples  of  any  articles  suspected  of  being  adulterated,  mis- 
labeled or  misbranded,  and  shall  deliver  or  forward  such 
samples  to  the  said  director  of  the  state  laboratory  for  exam- 
ination and  analysis. 

Evidence  to  be  reported  to  district  attorney. 

Sec.  11.  It  shall  be  the  duty  of  the  state  board  of  health 
whenever  it  has  satisfactory  evidence  of  the  violation  of 
any  of  the  provisions  of  this  act  respecting  the  adulteration 
or  misbranding  of  foods  to  report  such  facts  to  the  district 
attorney  of  the  county  where  the  law  is  violated,  after  the 
hearing  provided  in  section  sixteen  of  this  act. 

Unlawful  to  conceal  food. 

Sec.  12.  It  shall  be  a  misdemeanor  for  any  person  to  re- 
fuse to  sell  to  any  sheriff  or  other  agent  of  the  state  board 
of  health,  any  sample  of  food  or  liquor  upon  tender  of  the 
market  price  therefor,  or  to  conceal  any  such  food  from  such 
officer,  or  to  withhold  from  him  information  where  such  food 
is  kept  or  stored.  Any  such  person  so  refusing  to  sell,  or 
concealing  such  food,  or  withholding  such  information  from 
said  oi^cer  shall,  upon  conviction,  be  punished  as  provided 
in  section  nineteen  of  the  Penal  Code  of  the  state  of  Cali- 
fornia. 

Report  to  state  board  of  health. 

Sec.  13.  Whenever  said  director  shall  find  from  his  ex- 
amination and  analysis  that  adulterated,  mislabeled  or  mis- 
branded  food  has  been  on  sale  in  this  state,  he  shall  forth- 
with report  to  the  secretary  of  the  state  board  of  health. 

Certificate  of  director. 

Sec.  14.  Every  certificate  signed  by  the  said  director  of 
the  state  laboratory  shall  be  prima  facie  evidence  of  the 
facts  therein  stated. 

Annual  report  of  director  of  state  laboratory. 

Sgc.  15.  The  said  director  of  the  state  laboratory  shall 
make  an  annual  report  to  the  state  board  of  health,  on  or 
before  August  first  of  each  year,  upon  adulterated  or  mis- 
branded  foods  and  liquors,  in  which  report  shall  be  included 
the  list  of  cases  examined  by  him  in  which  adulterants  were 
found,  and  the  list  of  articles  found  mislabeled  or  mis- 
branded,  and  the  names  of  the  manufacturers,  producers, ' 
jobbers  and  sellers.  Said  report,  or  any  part  thereof,  may, 
in  the  discretion  of  the  state  board  of  health,  l:)e  included  in 


728  Ari'KNDix. 

the  report  Avliicli  the  slate  board  of  health  is  ali-eady  author- 
ized by  law  to  ninke  to  the  i>ovei'iior.  The  state  board  of 
health  may,  in  its  discretion  ])ublish  any  part  of  said  report 
in  any  issue  of  its  monthly  bulletin. 

Hearings  for  violations  of  act. 

Sec.  16.  When  an  examination  or  analysis  of  the  director 
of  the  state  laboratory  shows  that  any  of  the  provisions  of 
this  act  have  been  violated,  notice  of  that  fact  together  with 
a  copy  of  the  certificate  of  the  findings,  shall  be  furnished 
to  the  party  or  parties  from  whom  the  sample  was  obtained 
or  who  execute(l  the  guaranty  as  j^rovided  in  this  act,  and  a 
date  shall  be  fixed  by  the  secretary  of  the  state  board  of 
health  at  which  said  party  or  parties  may  be  heard  before 
the  state  board  of  health  or  before  any  two  members  thereof 
and  the  secretary.  The  hearing  shall  be  held  in  the  city  of 
Sacramento,  and  at  least  fifteen  days'  notice  thereof  shall  be 
first  served  upon  the  party  complained  of.  These  hear- 
ings shall  be  private  and  confined  to  questions  of  fact. 
Parties  interested  therein  may  appear  in  person  or  by  at- 
torney and  may  propound  interrogatories  and  submit  oral 
or  written  evidence  to  show  any  fault  or  error  in  the  find- 
ings made  by  the  director  of  the  state  laboratory.  If  the 
examination  or  analysis  be  found  correct,  or  if  the  party  or 
parties  fail  to  appear  at  such  hearing  after  notice  duly 
served  as  provided  herein,  the  secretary  of  the  state  board 
of  health  shall  forthwith  transmit  a  certificate  of  the  facts  so 
found  to  the  district  attorney  of  the  county  in  Avhich  said 
adulterated,  mislabeled  or  misbrandcd  food  was  found.  No 
publication  as  in  this  act  provided  shall  be  made  until  after 
said  hearing  is  concluded. 

Sheriff  to  purchase  samples  of  alleged  adulterated  food. 

Sec.  17.  It  is  hereby  made  the  duty  of  the  sheriff  of  any 
county  of  this  state,  on  presentation  to  him  of  a  verified 
complaint  of  the  violation  of  any  provisions  of  this  act,  at 
once  to  obtain  by  purchase  a  sample  of  the  adulterated,  mis- 
labeled or  misbranded  food  complained  of,  and  divide  said 
article  into  three  parts,  and  each  part  shall  be  sealed  by 
the  sheriff  with  a  seal  provided  for  that  purpose.  If  the 
package  be  less  than  four  pounds  or  in  volume  less  than 
two  quarts,  three  packages  of  approximately  the  same  size 
shall  be  purchased  and  the  marks  and  tags  upon  each  pack- 
•  age  noted  as  above.  One  sample  shall  be  delivered  to  the 
party  from  whom  procured,  or  to  the  party  guaranteeing 
such  merchandise,  one  sample  shall  be  sent  to  the  director 


ADULTERATION.  729 

o£  the  state  laboratory  and  the  tliird  sample  sliall  ])o.  sent 
to  and  held  under  seal  by  the  state  ])oaiTl  of  health. 

Fees  of  sheriff. 

Sec.  18.  For  his  services  hereunder  the  said  sheriff  shall 
be  allowed  the  same  fees  for  travel  allowed  by  law  to 
sheriffs  on  service  of  criminal  process,  together  with  such 
compensation  as  by  the  board  of  supervisors  of  his  county 
may  be  deemed  reasonable,  and  all  amounts  expended  by 
him  in  procuring  and  transmitting  the  said  samples,  which 
fees  and  amount  expended  shall  be  audited  and  allowed  by 
the  said  supervisors  and  paid  by  his  said  county  as  other 
bills  of  said  sheriff. 

Duty  of  district  attorney. 

Sec.  19.  It  shall  be  the  duty  of  the  district  attorney  of 
each  county  to  prosecute  all  violations  of  the  provisions  of 
this  act  occurring  within  his  county. 

Misdemeanor  to  violate  act.    Adulterated  food  to  be  de- 
stroyed. 

Sec.  20.  Any  person,  firm,  company  or  corporation  vio- 
lating any  of  the  provisions  of  this  act  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a 
fine  of  not  less  than  five  dollars,  nor  more  than  five  hun- 
dred dollars,  or  shall  be  imprisoned  in  the  county  jail  for 
a  term  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment.  Food  found  to  be  adulterated,  mislabeled  or 
misbranded  within  the  meaning  of  this  act  may,  by  order  of 
any  court  or  judge,  be  seized  and  destroyed.  [Amendment 
approved  April  26,  1911 ;  Stats.  1911,  p.  1114.] 

Disposition  of  fines. 

Sec.  21.  One  half  of  all  fines  collected  by  any  court  or 
judge,  for  the  violations  of  the  provisions  of  this  act  shall  be 
paid  to  the  state  treasurer  and  the  state  treasurer  shall 
deposit  such  money  to  the  credit  of  the  fund  for  the  main- 
tenance of  the  state  laboratory,  to  be  drawn  against  by 
Avarrants  of  the  state  controller  upon  claims  which  shall  be 
approved  by  the  state  board  of  health  and  by  the  state 
board  of  examiners. 

Dealer  not  to  be  prosecuted  when  he  holds  wholesaler's 
guaranty. 

Sec.  22.  No  dealer  shall  be  prosecuted  under  the  provi- 
sions of  this  act  when  he  can  establish  a  guaranty  signed  by 
the  wholesaler,  jobber,  manufacturer  or  other  party  residing 
in  the  United  States  from  whom  he  purchased  such  article,  to 


730  APPENDIX, 

the  clVccI  llijil  tile  s;iiiic  is  not  ;i(lullcr;it('(l.  iiiisljiliclcd  n\-  iiiis- 
hraiidcd  within  the  nicjiiiiiiij;  ol"  this  act,,  and  can  also  establish 
liy  satisractoi',\-  cvidcnct^  that  the  ai'ticlo  sold  hy  him  was  mis- 
labeled and  that  at  the  time  of  makinLT  snch  sale  he  was  not 
aware  of  that  fact;  such  ,unaranty  may  be  either  general  or 
special.  A  general  guaranty  shall  guarantee  without  condi- 
tion or  restriction  all  of  the  products  or  articles  produced, 
prepared,  compounded,  packed,  distributed,  or  sold  by  the 
guarantor  as  notadult(M'at(Ml  within  the  meaning  of  this  act. 
A  special  guaranty  shall  guarantee  in  the  same  manner  the 
particular  articles  listed  in  an  invoice  of  the  same,  and  shall 
be  attached  to  or  shall  fully  identify  such  invoice.  Both  said 
guaranties  to  afford  protection  must  contain  the  name  and 
address  of  the  party  or  parties  making  the  sales  of  such  article 
to  said  dealer.  If  the  guaranty  be  to  the  effect  that  such 
article  is  not  adulterated,  mislabeled  or  misbrandcd  within  the 
meaning  of  the  national  pure  food  act,  approved  June  30, 
1906,  it  shall  be  sufficient  for  the  purposes  of  this  act  and 
have  the  same  force  and  effect  as  though  it  referred  to  this  act, 
except  that  a  guaranty  referring  to  the  said  national  pure 
food  act  alone  shall  not  be  sufficient  for  the  purposes  of  this 
act  in  any  ease  where  at  any  time  the  standard  for  the  article 
concerned  under  this  a«t  is  higher  than  the  standard  for  a 
like  article  under  said  national  pure  food  act.  In  ease  the 
wholesaler,  jobber,  manufacturer  or  other  party  making 
such  guaranty  to  said  dealer  resides  without  this  state  and 
it  appears  from  the  certificate  of  the  director  of  the  state 
laboratory  that  such  article  or  articles  were  adulterated, 
mislabeled  or  misbranded,  within  the  meaning  of  this  act 
or  the  national  pure  food  act  approved  June  30,  1906,  the 
district  attorney  must  forthwith  notify  the  attorney  general 
of  the  United  States  of  such  violation.  [Am.endment  ap- 
proved April  23,  1915,  Stats.  1915,  p.  171.] 

This  section  was  also  amended  April  26th,  1911,  Stats. 
1911,  p.  1114. 

The  amendment  of  this  section  in  1915  contained  the  following 
provision:  The  provisions  of  this  amendment  shall  be  in  force  and 
effect  from  and  after  May  1,  1916;  provided,  that  as  to  products 
packed  and  labeled  prior  to  May  1,  1916,  in  accordance  with  said 
national  pure  food  act,  and  with  the  regulations,  thereunder  in  force 
prior  to  May  5,  1914,  the  provisions  of  this  amendment  shall  be  in 
force  and  effect  from  and  after  November  1,  1916. 

Appropriation. 

See.  23.  The  sum  of  twenty  thousand  dollars  ($20,000.00) 
is  hereby  appropriated  out  of  any  money  in  the  state  treas- 
ury not  otherwise  appropriated  for  the  purchase  of  equip- 
ment, apparatus,  chemicals  and  supplies  of  said  laboratory 


ANIMALS.  731 

and  of  the  office  expenses,  in  eoiuiection  with  the  same  and 
for  the  compensation  of  additional  assistants  and  other 
necessary  help.  The  state  controller  is  hereby  authorized  to 
draw  his  warrants  for  the  sums  herein  appropriated  in  favor 
of  the  secretary  of  the  state  l^oard  of  health  aud  the  state 
treasurer  is  hereby  directed  to  pay  the  same. 

Act  prohibits  manufacture  after  what  date. 

Sec.  24.  No  article  of  food  as  herein  defined  shall  be 
manufactured  or  produced  in  violation  of  this  act  from  and 
after  the  first  day  of  July,  nineteen  hundred  and  seven. 

Repeal  of  conflicting-  acts. 

Sec.  25.  All  acts  and  parts  of  acts  in  conflict  or  incon- 
sistent wdth  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  26.  This  act  shall  be  in  force  and  effect  from  and 
after  the  first  day  of  January,  nineteen  hundred  and  eight. 

ANIMALS. 

Act  creating  office  of  state  veterinarian.  1.  In  effect  March  18, 
1899;  Stats.  1899,  p.  129.  2.  Ameuded  March  20,  1905;  Stats.  1905. 
p.  423.     3.  Amended  March  19,  1909;  Stats.  1909,  p.  431. 

An  act  for  the  more  effectual  prevention  of  cruelty  to  animals. 

[1.  Approved  March  20,  1874;  Stats.  1873-74,  p.  499.     2.  Amended  by 
Stats.  1901,  p.  285.     3.  Amended  March  2,  1903;  Stats.  1903,  p.  69.] 

§§  1-5.     Superseded  by  Civ.  Code,  §§  607,  607a,  607f. 

§  6.     Superseded  by  Pen.  Code,  §  597. 

§§7,8,9.     Superseded  by  Pen.  Code,  §§597a,  597b,   597c. 

§  10.     Superseded  by  Pen.  Code,  §  599a. 

§§  11,  12,  13.     Superseded  by  Pen.  Code,  §§  597d,  597e,  597f. 

§§  14,  15.     Superseded  by  Civ.  Code,  §§  607,  607a,  607f. 

§§  16,  17.     Superseded  by  Pen.  Code,  §  599b. 

§§  20,  21.     Superseded  by  Pen.  Code,  §  599d,  599c,  599e. 

§  22.     Superseded  by  Code  Civ.  Proc,  §  ]208a. 

A)i  act  to  prohihit  the  vse  of  the  hristle-hur,  tack-hur,  or  other 

like  devices  on  horses  or  otJier  animals  in  this  state. 

[Approved  March  13,  1903;  Stats.  1903,  p.  139.] 

§  1.  Bristle-bur,  tack-bur,  etc.,  on  horses,  prohibited. 

§  2.  Penalty. 

§  3.  Conflicting  acts  repealed. 

§  4.  Act  takes  effect  when. 

Bristle-bur,  tack-bur,  etc.,  on  horses,  prohibited. 

Section  1.  It  shall  be  unlawful  hereafter  in  this  state  for 
any  one,  owner,  driver  or  other  person,  having  the  care, 
custody  or  control  of  any  horse  or  other  animal,  to  use  what 


7;>2  APPENDIX. 

is  know  II  ;i.s  tlu'  bristle-bur,  lack-bur,  or  olhrr  like  device, 
by  Avhatsoever  luunc  known  or  dcsij^iiated,  on  any  said  borso 
or  otber  aniitial  foi-  any  purpose  wliatsocvei-. 

Penalty. 

Sec.  2.  A  viobition  of  the  iirovisions  of  this  act  shall  be 
deemed  a  misdemeanor  and  any  one  found  guilty  thereof 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dol- 
lars nor  more  than  two  hundred  and  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  not  less  than  ten  nor  more 
than  one  hundred  and  seventy-five  days,  or  may  be  punished 
by  both  such  fine  and  imprisonment. 

Conflicting'  acts  repealed. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

An  act  to  prevent  tampering  with  animals,  and  to  prevent  the 
giving   or  administering   of  poison   or  drugs   to   horses, 
cattle,  dogs,  animals,  and  other  live-stock,  except  for  med- 
icinal ptirposes,  and  making  the  same  a  misdemeanor. 
[Approved  March   23,   1901;   Stats.   1901,   p.  553.] 

§  1.  Unlawful  administering  of  drugs  to  animals  on  exhibition. 

§  2.  Same. 

§  8.  Penalty. 

§  4.  Conflicting  acts  repealed. 

§  5.  Act  takes  effect  when. 

Unlawful  administering-  of  drugs  to  animals  on  exhibition. 

Section  1.  It  shall  be  unlawful  for  any  person  or  per- 
sons, except  for  medicinal  purposes,  to  administer  any 
poison,  drug,  medicine,  or  other,  noxious  substance,  to  any 
horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle,  geld- 
ing, colt,  filly,  dog,  animals,  or  other  live-stock,  entered  or 
about  to  be  entered  in  any  race  or  upon  any  race-course  in 
the  state  of  California,  or  entered  or  about  to  be  entered  at 
or  Avith  any  agricultural  park,  or  association,  race-course,  or 
corporation,  or  other  exhibition  for  competition  for  prize, 
reward,  purse,  premium,  stake,  sweepstakes,  or  other  re- 
ward, or  to  expose  any  such  poison,  drug,  medicine,  or 
noxious  substance,  with  intent  that  the  same  shall  be  taken, 
inhaled,  swallowed,  or  otherwise  received  by  any  horse, 
stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle,  gelding, 
colt,  filly,  dog,  animal,  or  ^ther  live-stock,  with  intent  to 


ARTESIAN  WELLS.  733 

impede  or  affect  the  speed,  endurance,  sense,  health,  physical 
condition,  or  other  character  or  quality  of  such  above-men- 
tioned animal,  or  other  live-stock. 

Same. 

See.  2.  It  shall  be  unlawful  for  any  person  or  persons 
to  cause  to  be  taken  by  or  placed  upon  or  in  the  body  of 
any  horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle, 
gelding,  colt,  filly,  dog,  animal,  or  other  live-stock,  entered 
or  about  to  be  entered  in  any  race  upon  any  race-course  in 
the  state  of  California,  or  entered  or  about  to  be  entered 
at  or  with  any  agricultural  park,  association,  race-course, 
or  corporation,  or  other  exhibition  for  competition  for  prize, 
reward,  purse,  premium,  stake,  sweepstakes,  or  other  re- 
ward, any  sponge,  wood,  or  foreign  substance  of  any  kind, 
with  intent  to  impede  or  affect  the  speed,  endurance,  sense, 
health,  physical  condition,  of  such  horse,  stud,  mule,  ass, 
mare,  horned  cattle,  neat  cattle,  gelding,  colt,  filly,  dog, 
animal,  or  other  live-stock. 

Penalty. 

■  Sec.  3.  Any  person  or  persons  who  shall  violate  any  of 
the  provisions  of  sections  one  or  two  of  this  act  shall  be 
guilty  of  a  misdemeanor. 

Conflicting-  acts  repealed. 

Sec.  4.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

See.  5.     This  act  shall  take  effect  immediately. 

ARTESIAN  WELLS. 

All  act  to  prevent  the  waste  and  flow  of  water  from  artesian 
wells,  and  prescribing  penalties  therefor,  and  defining 
waste  and  artesiayi  ivells. 

[1.  Approved  March  6,  1907;  Stats.  1907,  p.  122.     2.  Amended  March 
25^  1909;  Stats.  1909,  p.  749.] 

§  1.  Uncapped  artesian  wells  declared  public  nuisance. 

§  2.  Artesian  well  defined. 

§  3.  Waste  defined. 

§  4.  New  offense. 

§  5.  Penalty. 

§  6.  Conflicting  acts  repealed. 

§  7.  Act  takes  effect  when. 

Uncapped  artesian  wells  declared  public  nuisance. 

Section  1.  Any  artesian  well  which  is  not  capped,  equip- 
ped or  furnished  with  such  mechanical  appliance  as  will 


73-t  Al'l'ENDIX. 

readily  and  offoetivoly  arrest  and  ])reveiit  tlie  flow  of  any 
walei-  from  sueh  avcII,  is  hereby  declared  to  be  a  public 
nuisance.  The  owner,  tenant,  or  occupant  of  the  land  ujx)!! 
which  such  well  is  situated,  who  causes,  permits,  or  suffers 
such  public  nuisance,  or  suffers  or  permits  it  to  remain  or 
continue,  is  guilty  of  a  misdemeanor;  and  any  person  own- 
ing, possessing  or  occupying  any  land  upon  which  is  situated 
an  artesian  well,  who  causes,  suffers,  or  permits  the  water 
to  unnecessarilx'  flow  from  such  well,  or  to  go  to  waste,  is 
guilty  of  a   misdemeanor. 

Artesian  well  defined. 

Sec.  2.  For  the  purposes  of  this  act,  an  artesian  well  is 
defined  to  be  any  artificial  hole  made  in  the  ground  through 
Avhich  AA^ater  naturally  flows  from  subterranean  sources  to 
the  surface  of  the  ground  for  any  length  of  time. 

Waste  defined. 

Sec.  3.  Waste  is  defined,  for  the  purposes  of  this  act,  to 
be  the  causing,  suffering  or  permitting  any  water  flowing 
from  an  artesian  well,  to  run  into  any  river,  creek,  or  other 
natural  watercourse  or  channel,  or  into  any  bay  or  pond 
(unless  used  thereafter  for  the  beneficial  purpose  of  irriga- 
tion of  land  or  domestic  use),  or  into  any  street,  road,  or 
highway,  or  upon  the  land  of  any  person,  or  upon  the  public 
lands  of  the  United  States  or  of  the  state  of  California, 
unless  it  be  used  thereon  for  the  beneficial  purposes  of  the 
irrigation  thereof  or  for  domestic  use  or  the  propagation  of 
fish.  The  use  of  any  water  floAving  from  an  artesian  well 
for  the  irrigation  of  land  wdienever  over  five  per  cent  of  the 
water  received  on  such  land  for  such  purposes  is  allowed  to 
escape  therefrom,  is  also  hereby  declared  to  be  waste  within 
the  meaning  of  this  act ;  provided,  that  nothing  herein  shall 
prevent  the  running  of  artesian  water  into  an  artificial  pond 
or  storage-reservoir,  if  used  thereafter  for  a  beneficial  use ; 
provided,  such  beneficial  use  shall  not  exceed  one  tenth  of 
one  miner's  inch  of  water  per  acre,  perpetual  fiow,  but  such 
user  of  water  shall  have  the  right  to  cumulate  the  said 
amount  Avithin  anv  period  of  each  year.  [Amendment  ap- 
proved I\rarch  25.  1909;  Stats.  1909,  p.  749.] 

New  offense. 

Sec.  4.  Each  day's  continuance  of  such  waste  shall  con- 
stitute a  new  offense  under  this  act. 

Penalty. 

Sec.  5.  Any  person  violating  any  of  the  provisions  of  this 
act  shallj  for  each  offense,  upon  conviction  thereof,  be  pun- 


BUOYS  AND  BEACONS.  735 

ished  by  a  fine  of  not  less  than  $25.00  and  not  more  than 
$500.00,  or  by  imprisonment  in  the  county  jail  for  a  period 
of  not  more  than  six  months,  or  by  both  such  fine  and  im- 
prisonment. All  prosecutions  for  the  violation  of  any  of  the 
jDrovisions  of  this  act  shall  be  instituted  in  the  justice's 
court  of  the  county  in  which  such  well  is  situated.  Any  fine 
imposed  under  the  provisions  of  this  act  may  be  collected 
as  in  other  criminal  cases,  and  the  justice  may  also  issue  an 
execution  upon  the  judg-ment  therein  rendered,  and  the  same 
may  be  enforced  and  collected  as  in  civil  cases. 

Conflicting  acts  repealed. 

Sec.  6.     All  acts  and  parts  of  acts  in  conflict  Avith  this 
act,  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  7.     This  act  shall  take  effect  immediately. 


BUOYS  AND  BEACONS. 

An  act  for  the  protection  of  huotjs  and  beacons. 

[Approved  March  26,  1S74;  Stats.  1S73-74,  p.  619.] 

§  1.     Damages  to  buoys  and  beacons. 
§  2.     Cost  of  repairs,  and  lien  for. 
§3.     Act  takes  effect  when. 

Damages  to  buoys  and  beacons. 

Section  1.  Any  person  or  persons  who  shall  moor  any 
vessel  or  boat  of  any  kind,  or  any  raft  or  scoav,  to  any  buoy 
or  beacon  placed  in  the  waters  of  California  by  authority  of 
the  United  States  lighthouse  board,  or  shall  in  any  manner 
hanis:  on  to  the  same,  Avith  any  vessel,  boat,  raft,  or  scoav,  or 
shall  Avillfully  remoA-e,  damage,  or  destroy  any  such  buoy  or 
beacon,  or  any  part  of  the  same,  or  shall  cut  doAvn,  remoA^e. 
damage,  or  destroy  any  beacon  or  beacons  erected  on  land 
in  this  state  by  the  authority  aforesaid,  shall,  for  every  such 
offense,  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  before  any  court  of  competent  jurisdiction, 
be  punished  by  a  fine  not  exceeding  five  hundred  dollars,  or 
by  imprisonment  not  exceeding  six  months ;  one  third  of 
the  fine  in  such  case  to  be  paid  to  the  informer,  and  tAvo 
thirds  thereof  to  the  lighthouse  board,  to  be  used  in  repair- 
ing said  buoys  and  beacons. 

Cost  of  repairs,  and  lien  for. 

Sec.  2.  The  cost  of  repairing  or  replacing  any  such  buoy 
or  beacon  which  may  have  been  misplaced,  damaged,  or 


7;jG  APPENDIX. 

destroyed  by  any  vessel,  boat,  vaCt,  or  scow  bein^  made  fast 
to  the  same,  shall,  when  said  cost  shall  have  been  lep:ally 
ascertained,  be  a  lien  upon  such  vessel,  boat,  raft,  or  scow, 
and  recovered  against  the  same,  and  the  owner  or  owners 
thereof,  in  an  action  of  debt,  in  any  court  of  competent  jur- 
isdiction in  this  state. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

Codification  of  act.     Portion  of  this  statute  was  codified  by  Penal 
Code  §  GOO,  ante:  See  also,  ante,  §  614. 


BUTTER. 

An  Act  cnlillcd  an   acf   to  prevent  tltv  sale  of  sliort-weigJit 

rolls  of  hulter. 

[Approved  March  11,  1893;  Stats.  1893,  p.  151.] 

Short-weight  butter. 

Any  person  or  persons,  firm  or  corporation,  who  offers 
for  sale  roll-butter  not  of  full  Aveight  to  each  roll,  shall  be 
guilty  of  a  misdemeanor. 

Act  takes  effect  when. 

This  act  shall  go  into  effect  sixty  days  after  its  passage. 

CONSPIRACY. 

All  Act  to  limit  the  meaning  of  the  word  "conspiracy,"  and 
also  the  use  of  "restraining  orders"  and  "injunctions," 
as  applied  to  disputes  hetiveen  employers  and  employees 
in  the  state  of  California. 

[Approved  March  20,  1903;  Stats.  1903,  p.  289.] 

Combinations  in  trade  disputes  not  criminal  when. 

Section  1.  No  agreement,  combination,  or  contract,  by  or 
between  two  or  more  persons  to  do  or  procure  to  be  done, 
or  not  to  do  or  procure  not  to  be  done,  any  act  in  contempla- 
tion or  furtherance  of  any  trade  dispute  between  employers 
and  employees  in  the  state  of  California  shall  be  deemed 
criminal,  nor  shall  those  engaged  therein  be  indictable  or 
otherwise  punishable  for  the  crime  of  conspiracy,  if  such  act 
committed  by  one  person  Avould  not  be  punishable  as  a  crime, 
nor  shall  such  agreement,  combination,  or  contract  be  con- 
sidered as  in  restraint  of  trade  or  commerce,  nor  shall  any 


CONSPIRACV.  737 

restraining  order  or  injunction  ])e  issued  with  relation  there- 
to. Nothing  in  this  act  shall  exempt  from  punishment, 
other Avise  than  as  herein  excepted,  any  persons  guilty  of 
conspiracy,  for  which  punishment  is  now  provided  by  any 
act  of  the  legislature,  but  such  act  of  the  legislature  shall, 
as  to  the  agreements,  combinations,  and  contracts  herein- 
before referred  to,  be  construed  as  if  this  act  were  therein 
contained;  provided,  that  nothing  in  this  act  shall  be  con- 
strued to  authorize  force  or  violence,  or  threats  thereof. 

Act  takes  effect  w^hen. 

Sec.  2.     This  act  shall  take  effect  immediately. 

An  Act  making  a  conspiracy  to  commit  any  crime  against  tlic 
person  of,  or  an  attempt  to  kill  or  commit  any  assault  upon, 
the  President  or  Vice-President  of  the  United  States,  the 
governor  of  anjj  state  or  territory,  any  United  States 
justice  or  judge,  or  the  secretary  of  any  executive  de- 
partment of  the  United  States,  a  felony ;  and  providing 
a  penalty  tlierefor. 

[Approved  February  28,  1903;  Stats.  1903,  p.  58.] 

§  1.     Conspiracy  to  eominit  crime  against  President,  etc.;  penalty. 
S  2.     Attempt  to  kill  President.     Penalty. 
§  3.     Act  talces  effect  when. 

Conspiracy  to  commit  crime  against  President,  etc. ;  penalty. 
Section  1.  If  two  or  more  persons  conspire  to  commit 
any  crime  against  the  person  of  the  President  or  Vice- 
President  of  the  United  States,  the  governor  of  any  state  or 
territory,  any  United  States  justice  or  judge,  or  the  sec- 
retary of  any  of  the  executive  departments  of  the  United 
States,  they  are  guilty  of  felony,  and  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  state 
prison  not  less  than  ten  years. 

Attempt  to  kill  President.    Penalty. 

Sec.  2.  Every  person  who  attempts  to  kill,  or  Avho  com- 
mits any  assault  upon  the  President  or  Vice-President  of  the 
United  States,  the  governor  of  any  state  or  territory,  any 
United  States  justice  or  judge,  or  the  secretary  of  any  of  the 
executive  departments  of  the  United  States,  is  guilty  of  a 
felony;  and  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  state  prison  not  less  than  ten  years. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Ppn    Code-  4  7 


738  APPENDIX. 


CORONERS. 

Act  relating  to  costs  of  coroner's  inquest  in  state  prison:  See  post, 

A]ipoii(lix,  tit.  "Costs." 

An  Act  providing  in  couniies  of  the  first  c?fl.s'.s  for  tlic  np- 
poinhncnt  t)\j  the  coroner  of  a  competoit  physician  for 
the  pcrfomumce  of  autopsies  iipon  tite  bodies  of  deceased 
persons  when  inquests  arc  held,  and  fixing  the  compensa- 
tion therefor. 

[Approved  March  14,  1895;  Stats.  1895,  p.  52.] 

§  1.     Coroner  to  appoint   physician  in   counties  of  first   class,  to   liold 

autopsies. 
§  2.     Compensation. 
§  3.     Act  takes  effect  when. 

Coroner  to  appoint  physician  in  counties  of  first  class  to  hold 
autopsies. 

Section  1.  In  counties  of  the  first  class,  the  coroner  shall 
appoint  a  competent  physician,  -whose  duties  it  shall  be  to 
perform  autopsies  upon  the  bodies  of  all  deceased  persons 
when  inquests  are  held.  Such  physician  shall,  after  the 
performance  of  such  autopsy,  certify  in  writing  his  profes- 
sional opinion  as  to  the  cause  of  death,  which  certificate  shall 
be  filed  with  said  coroner. 

Compensation. 

Sec.  2.  The  physician  so  appointed  shall  receive  as  com- 
pensation for  his  said  services  the  sum  of  twenty-four  hun- 
dred dollars  per  annum,  which  shall  be  paid  out  of  the  gen- 
eral fund  of  the  county  in  monthly  installments  of  two 
hundred  dollars,  at  the  same  time  and  in  the  same  manner  as 
county  officers  are  paid. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


•  CORONERS  739 

An  Act  to  provide  an  official  stenographic  reporter  to  the  cor- 
oner of  each  county,  or  city  and  county,  liaving  one 
hundred  thousand  or  more  inhabitants,  and  providing 
the  mode  in  ivhich  such  reporter  shall  he  appointed,  and 
estahlishing  the  compensation  and  prescribing  the  duties 
of  such  reporter. 

[Approved  March  26,  1895;  Stats.  1895,  p.  168.] 

Superseded  as  to  San  Francisco.  Superseded  as  to  San  Francisco, 
by  its  charter. 

§  1.  Coroners  of  cities  and  counties  of  one  hundred  thousand  to  ap- 
point stenographer. 

§  2.  Salary. 

§  3.  Duties. 

§  4.  Oath. 

§  5.  Certified  report  prima  facie  correct. 

§  6.  Salary,  how  paid. 

§  7.  Act  takes  effect  when. 

Coroners  of  cities  and  counties  of  one  hundred  thousand  to 
appoint  stenographer. 

Section  1.  It  shall  be  lawful  for  the  coroner  of  every 
county,  or  city  and  county,  of  this  state,  having  one  hundred 
thousand  or  more  inhabitants,  to  select  and  appoint  an 
official  stenographic  reporter,  such  reporter  to  hold  office 
during  the  pleasure  of  the  coroner  making  the  appointment. 

Salary. 

Sec.  2.  The  said  official  reporter  shall  be  allowed  and 
shall  receive  compensation  as  folloAvs  :  One  hundred  and  fifty 
dollars  per  month. 

Duties. 

Sec.  3..  It  shall  be  the  duty  of  said  reporter  to  attend 
all  inquests  held  by  the  coroner  of  the  said  county,  or  city 
and  county,  and  report  in  shorthand  all  testimony  of  wit- 
nesses, and  all  the  proceedings  of  said  inquests,  and  to 
transcribe  the  same  into  legible  longhand  and  furnish  two 
typewritten  copies  thereof,  and  shall  certify  the  same,  and 
file  one  of  the  copies  with  the  said  coroner  and  the  other 
copy  with  the  clerk  of  the  said  county,  or  city  and  county. 
He  shall  also,  within  a  reasonable  time  after  such  testimony 
is  taken,  file  with  the  said  clerk  the  shorthand  notes  taken  by 
him  at  each  inquest. 

Oath. 

Sec.  4.  The  said  official  reporter  shall,  before  entering 
upon  the  duties  of  his  office,  take  and  subscribe  the  con- 
stitutional oath  of  office. 


74:0  Al'l'KNDIX.  ♦ 

Certified  report  prima  facie  correct. 

Sec.  5.  Any  report  oi"  the  said  official  rei)orter  duly  ap- 
pointed and  sworn,  when  written  out  in  longhand  writing 
and  certified  by  him  as  being  a  correct  transcript  of  the  tes- 
timony and  proceedings  in  the  case,  shall  be  prima  facie  a 
correct  statement  of  such  testimony  and  proceedings. 

Salary,  how  paid. ' 

See.  6.  The  salary  of  said  reporter  shall  be  audited  and 
paid  monthly  out  of  the  general  fund  of  the  said  county,  or 
city  and  county. 

Act  takes  effect  when. 

Sec.  7.  This  act  shall  take  effect  from  and  after  its  pas- 
sage. 

An  Act  conccrniiuj  llie  al l(  iidance  of  physicians  and  sur- 
geons in  certain  cases,  and  to  provide  payment  for  mak- 
ing chemical  and  post-mortem  examinations. 

[Approved  February  8,  1872;  Stats.  1871-72,  p.  81.] 

Code  commissioner's  note  to  §  1.  The  code  commissioner  says,  in 
his  "List  of  Statutes  in  Force,"  that  "As  to  §  1,  [it  is]  superseded  by 
County  Government  Act,  1897:   490,  §  142." 

Probably  superseded  by  §  1512   of  the  Penal  Code,  ante. 

An  Act  to  provide  for  furnishing  assistants  to  the  coroner  of 
each  city,  or  city  and  county  having  one  hundred  tliousand 
or  more  in]ial}itants,  and  providing  the  -mode  in  which 
such  assistants  shall  he  appointed  and  designated,  and 
establishing  the  compensation  and  prescribing  the  duties 
of  such  assistants. 

[Approved  March  23,  1893;  Stats.  1893,  p.  190.] 

Superseded  as  to  San  Francisco.  Act  superseded  as  to  San  Fran- 
cisco, by  its  charter. 

§  1.     Coroner  to  appoint  assistants. 

§  2.     Classification  and  designation  of  assistants.     Salaries.     Duty  of 

assistants. 
§  3.     Salary,  how  paid. 
§4.     Act  takes  effect  vi^hen. 

Coroner  to  appoint  assistants. 

Section  1.  It  shall  be  lawful  for  the  coroner  to  every 
city,  or  city  and  county  of  this  state,  having  one  hundred 
thousand  or  more  inhabitants,  to  select  and  appoint  five 
assistants.  Such  assistants  shall  hold  their  i-espective  offices 
at  the  pleasure  of  said  appointing  power. 


COSTS.  741 

Classification  and  designation  of  assistants.  Salaries.  Duty 
of  assistants. 

Sec.  2.  kSucIi  as.sistauts  shall  be  classified  and  designated 
as  follows :  First  deputy  coroner,  second  deputy  coroner, 
third  deputy  coroner,  fourth  deputy  coroner,  messenger. 
Said  deputies  shall  be  allowed  and  receive  salaries  as  fol- 
lows :  The  salary  of  the  first  deputy  shall  be  tAvo  hundred 
dollars  per  month;  the  salary  of  the  second  deputy  shall  be 
one  hundred  and  fifty  dollars  per  month,  the  salary  of  the 
third  and  fourth  deputies  shall  be  one  hundred  and  twenty- 
five  dollars  per  month  each ;  the  salary  of  the  messenger 
shall  be  seventy-five  dollars  per  month.  It  shall  be  the  duty 
of  said  deputies  to  act  as  deputy  coroners  in  all  matters, 
except  as  to  those  duties  wdiich  are  forbidden  to  be  dele- 
gated. It  shall  be  the  duty  of  the  messenger  to  have  charge 
of  the  dead- wagon,  keep  in  order  the  morgue,  and  perform 
such  other  duties  as  are  required  by  the  coroner  or  his 
deputies. 

Salary,  how  paid. 

Sec.  3.  The  salaries  of  the  said  assistants  shall  be  audited 
and  paid  monthly  out  of  the  general  fund  of  the  said  city, 
or  city  and  county. 

Act  takes  effect  when. 

See.  4.  This  act  shall  take  effect  from  and  after  its 
passage. 

COSTS. 

All  Act  concerning  the  payment  of  the  expenses  and  costs  of 
the  trial  of  convicts  for  crimes  committed  in  the  state 
prison,  and  to  pay  the  costs  of  the  trial  of  escaped  con- 
victs, and  to  pay  for  the  expenses  of  coroner  inquests  in 
said  prison. 

[Approved  April  12,  ISSO;  Stats.  1880,  p.  43.] 

§  1.     Costs  and  expenses  of  trials  of  convicts  for  crimes  committed  in 

state  prison. 
§  2.     Act  appilies  to  what  cases  only. 
§  3.     Act  takes  effect  when. 

Costs  and  expenses  of  trials  of  convicts  for  crimes  committed 
in  state  prison. 

Section  1.  The  costs  and  expenses  of  all  trials  which 
have  heretofore  been  had  in  the  county  in  this  state  where 
the  state  prison  is  situated,  for  any  crime  committed  by  any 
convict  in  the  state  prison,  and  the  costs  of  guarding  and 


742  A  IMPEND!  X. 

keo])iii[?  such  coinici,  and  tlio  execution  of  llio  .sentence  of 
said  convict  by  said  county,  and  the  costs  and  expenses  of 
all  trials  heretofore  had  for  the  escape  of  any  convict  from 
the  state  prison,  and  the  costs  and  expenses  of  all  coroner 
inquests  heretofore  had  of  any  convict  at  the  state  pi-ison  by 
the  county  Avhere  said  prison  has  been  situated,  shall  be 
certified  to  by  the  county  clerk  of  said  county  wherein  said 
trials  and  inquests  have  been  held  to  the  board  of  state 
prison  directors  for  their  approval,  and  after  such  approval 
they  shall  ])ay  the  same  out  of  the  money  appropriated  for 
the  support  of  the  state  prison  to  the  county  treasurer  of 
said  county  where  said  trials  have  been  had;  "provided, 
that  this  act  shall  not  apply  to  any  costs  or  expenses  in- 
curred since  January  first,  eighteen  hundred  and  seventy- 
three." 

Act  applies  to  what  cases  only. 

Sec.  2.     This  act  shall  only  apply  to  cases  which  have 
not  been  settled  for  by  the  state. 

Act  takes  effect  w^hen. 

Sec.  3.     This  act  shall  take  effect  immediately. 


DAIRIES. 

An  Act  to  prohibit  adulteration  and  deception  in  the  sale  of 
dairy  products,  defining  adulteration  in  dairy  products, 
to  establish  standards  of  quality  in  dairy  products  and  to 
provide  for  enforcing  its  provisions. 

22,  1909;  Stats.  1909,  p.  1088.] 
[1.  Approved  March  15,  1907;  Stats.  1907,  p.  265.     2.  Amended  April 

§  1.  Sale  of  adulterated  milk  prohibited. 

§  2.  Definitions  and  standards. 

§  3.  Dnty  of  state  dairy  bureau. 

§  4.  Penalty  for  violation  of   act.     Fines. 

§5.-  Interference   with    inspectors. 

§  6.  Duty  of  district  attorney. 

§  7.  Inconsistent  acts  repealed. 

§  S.  Act  takes  effect  when. 

Sale  of  adulterated  milk  prohibited. 

Section  1.  It  shall  be  unlawful  for  any  person  to  pro- 
duce, manufacture  or  prepare  for  sale,  or  to  sell  or  offer  for 
sale,  or  have  on  hand  for  sale,  any  milk,  or  product  of  milk, 
that  is  adulterated  within  the  meaning  of  this  act.  The 
word  "person"  as  used  in  this  act  shall  be  construed  to 
import  both  the  singular  and  plural,  as  the  case  demands, 


DAIRIES.  743 

and  shall  include  individuals,  corporations,  companies, 
societies  and  associations.  When  construing  and  enforcing 
the  provisions  of  this  act,  the  act,  omission  or  failure  of  any 
employee,  officer,  agent  or  other  person,  acting  for  or  em- 
ployed by  any  individual,  corporation,  company,  society  or 
association,  within  the  scope  of  his  employment  or  office, 
shall  in  cA'ery  case  also  be  deemed  to  be  the  act,  omission  or 
failure  of  such  individual,  corporation,  company,  society  or 
association,  as  well  as  that  of  the  person.  The  provisions  of 
this  act  shall  be  construed  to  apply  to  hotel-keepers,  restau- 
rant-keepers and  boarding-house  keepers  or  any  person  who 
shall  serve  meals  and  accept  money  therefor.  The  words 
"product  of  milk"  as  used  in  this  act,  shall  not  apply  to  any 
product  into  which  milk,  or  a  product  of  milk,  may  enter 
as  an  ingredient  or  component  of  a  food  product  that  does 
not  consist  of  milk,  or  milk  products  alone,  such  as  pastry, 
confectionery  and  ice-cream,  and  excepting  in  case  of  con- 
densed milk  or  evaporated  milk  or  cream  in  wiiich  case  the 
provisions  of  this  act  shall  apply,  provided,  that  this  section 
shall  not  be  construed  to  prevent  the  use  of  common  salt 
(chloride  of  sodium)  in  dairy  products.  Any  label,  printed 
matter,  or  advertising  or  descriptive  matter  appearing  upon, 
or  in  connection  with  any  package,  parcel  or  quantity  of 
milk  or  milk  products  when  being  sold,  offered  for  sale,  or 
having  on  hand  for  sale,  and, having  reference  to  the  article 
being  sold,  offered  for  sale,  or  on  hand  for  sale,  shall  con- 
form with  the  provisions  of  this  act,  and  if  it  fails  to  con- 
form Avith  the  provisions  of  this  act,  such  article  shall  be 
deemed  adulterated  under  this  act.  It  shall  be  unlawful  for 
any  person  under  this  act,  when  selling  or  offering  for  sale, 
or  haviiig  on  hand  for  sale,  milk  or  any  product  of  milk  to 
use  the  words  "milk,"  "condensed  milk,"  "sweetened  con- 
densed milk,"  "condensed  skimm.ed  milk,"  evaporated 
"cream"  or  "butter,"  either  verbally  or  printed  or  written 
on  any  label  or  printed  matter  used  in  connection  Avith  the 
sale,  or  offering  for  sale,  or  having  on  hand  for  sale,  of  milk 
or  any  product  of  milk,  or  upon  any  bill  of  fare  used  in  any 
hotel,  restaurant  or  other  places  Avhere  meals  are  served 
Avhen  the  articles  shall  not  conform  with  the  proAnsions  of 
section  tAvo  of  this  act. 

Definitions  and  standards. 

Sec.  2.  Milk  and  the  products  of  milk  enumerated  in  this 
section  shall  be  deemed  adulterated  Avithin  the  meaning  of 
this  act  if  it  or  they  shall  not  conform  Avith  the  folloAving 
definitions  and  standards : 


744  Al'I'KNDlX. 

1.  ]\Iilk  is  Ihe  fi'csli,  clcaii,  lacloal  socrclioii  ()l)taiiu'(l  by  the 
coni])letc  milkiiio'  ot:'  one  or  more  liealtliy  eows,  propei-ly  fed 
and  kept,  excluding  that  obtained  witliin  fifteen  (15)  days 
before  and  five  (5)  days  after  calving,  and  contains  not  less 
than  three  (3.0)  per  cent  of  milk-fat,  and  not  less  than  eight 
and  five  tenths  (8.5)  per  cent  of  solids — not  fat,  and  from 
which  no  cream  or  fat  or  other  solid  com])onent  has  been  re- 
moved. 

2.  Skim-milk  is  milk  from  which  a  part  or  all  of  the  cream 
has  been  removed  and  contains  not  less  than  nine  and 
twenty-five  hundredths  (9.25)  per  cent  of  milk  solids. 

3.  Condensed  milk  or  evaporated  milk  is  whole  milk  from 
which  a  considerable  portion  of  water  has  been  evaporated 
and  contains  not  less  than  twenty-four  and  five  tenths  (24.5) 
per  cent  of  milk  solids,  including  not  less  than  seven  and 
seven  tenths  (7.7)  per  cent  milk-fat. 

4.  Sweetened  condensed  milk  is  Avhole  milk  from  which  a 
considerable  portion  of  water  has  been  evaporated  and  to 
which  sugar  (sucrose)  has  been  added,  and  contains  not  less 
than  twenty-four  and  five  tenths  (24.5)  per  cent  of  milk 
solids,  including  not  less  than  seven  and  seven  tenths  (7.7) 
per  cent  milk-fat. 

5.  Condensed  skim-milk  is  skim-milk  from  which  a  con- 
siderable portion  of  water  has  been  evaporated. 

6.  Cream  is  that  portion  of  milk,  rich  in  milk-fat,  which 
rises  to  the  surface  of  milk  on  standing,  or  is  separated  from 
it  by  centrifugal  force,  is  fresh  and  clean,  and  contains  not 
less  than  eighteen  (18)  per  cent  of  milk-fat. 

7.  Evaporated  cream,  clotted  cream,  is  cream  from  which 
a  considerable  portion  of  water  has  been  evaporated. 

8.  Milk-fat,  butter-fat,  is  the  fat  of  milk  and  has  a 
Reichert-Meissel  number  not  less  than  .905  (40  degrees  C). 

9.  Butter  is  the  clean,  non-rancid  product  made  by  gather- 
ing in  any  manner  the  fat  or  fresh  or  ripened  milk  or  cream 
into  a  mass,  which  also  contains  a  small  portion  of  the  other 
milk  constituents,  with  or  without  salt,  and  contains  not 
less  than  80  per  cent  of  milk-fat.  [Amendment  approved 
April  22,  1909;  Stats.  1909,  p.  1088.] 

Duty  of  state  dairy  bureau. 

Sec.  3.  It  shall  be  the  duty  of  the  state  dairy  bureau, 
now  existing  under  the  laAvs  of  this  state,  to  enforce  the  pro- 
visions of  this  act;  provided,  that  nothing  in  this  act  shall 
be  construed  to  prevent  any  city  or  county  board  of  health 
or  other  city  or  county  official  from  enforcing  the  provisions 
of  this  act. 


DAIRIES.  745 

Penalty  for  violation  of  act.     Fines. 

Sec.  4.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  ($25.00)  dollars,  nor  more  than  two  hundred 
($200.00)  dollars,  or  by  imprisonment  in  the  county  .jail  for 
not  less  than  ten  nor  more  than  sixty  days.  Provided  that 
no  conviction  shall  be  had  Avhere  a  conviction  is  sought  upon 
any  alleged  sample  of  milk,  or  product  of  milk,  unless  such 
sample  has  been  taken  in  duplicate,  sealed  and  marked  for 
identification,  and  one  of  such  samples  left  with  the  person 
accused.  All  fines  collected  under  this  act  shall  be  paid  to 
the  state  dairy  bureau  when  the  complaint  is  made  through 
the  state  dairy  bureau  and  the  state  dairy  bureau  shall  pay 
the  same  to  the  state  treasurer  and  the  amount  paid  by  the 
state  dairy  bureau  to  the  state  treasurer  is  hereby  appro- 
priated to  the  use  of  the  state  bureau  in  enforcing  this 
act  for  the  fiscal  year  in  which  the  amount  was  paid  to  the 
state  treasurer. 

Interference  with  inspectors. 

Sec.  5.  It  shall  be  unlawful  for  any  person  to  prevent  or 
interfere  Avith  the  duly  authorized  inspectors  or  agents  of 
the  state  dairy  bureau,  or  any  city  or  county  board  of  health, 
from  entering  any  place  or  premises  where  milk  or  products 
of  milk  are  produced  or  manufactured  or  prepared  or  to 
prevent  or  interfere  with  such  inspectors  or  agents  in  the 
event  they  deem  it  advisable  to  secure  samples  of  milk  or 
milk  products  from  any  person  producing  or  selling  milk 
or  products  of  milk  for  the  purpose  of  analyzing  the  same 
to  ascertain  whether  this  act  is  being  violated. 

Duty  of  district  attorney. 

Sec.  6.  It  shall  be  the  duty  of  the  district  attorney,  upon 
application  of  the  state  dairy  bureau  or  any  city  or  county 
board  of  health  to  attend  to  the  prosecution,  in  the  name  of 
the  people,  of  any  complaint  entered  for  violation  of  any  of 
the  provisions  of  this  act  within  his  district. 

Inconsistent  acts  repealed. 

Sec.  7.  All  acts,  or  parts  of  acts,  inconsistent  with  this 
act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  sixty 
days  after  its  passage. 


746  APPENDIX. 

An  Act  to  prohibil  the  use  of  clicmivals  and  oilier  tnafe^'ials  in 

■niitk  and  inilk  products  to  prevent  fermentation  tJiercin. 

[Apjiroved  March  23,  1907;  Stats.  1907,  p.  971.] 

§  1.  Milk,  use  of  substances  to  prevent  fermentation  prohibited, 

§  2.  Duty  of  state  dairy  bureau. 

§  3.  Penalty  for  violation.     Samples  of  milk.     Disposition  of  fines. 

5  4.  Tntcrfcrent'e  ^vith  inspectors. 

S  5.  Duty  of  district  attorney. 

§  6.  Inconsistent  acts  repealed. 

§  7.  Act  takes  effect  when. 

Milk,  use  of  substances  to  prevent  fermentation  prohibited. 

Section  1.  Tt  shall  he  iinhnvful  for  ftny  person  to  produee, 
maimfactui^e  oi-  prepare  for  sale,  or  to  .soil,  or  to  otfer  for  sale, 
or  have  on  hand  for  sale,  any  milk  or  product  of  milk  to  which 
has  been  added,  or  that  may  contain,  anv  compound  of  boron, 
salicylic  acid,  formaldehyde  or  other  chemical  or  substance 
for  the  purpose  of  preventing  or  delaying  fermentation.  It 
shall  be  unlawful  for  any  person  to  produce,  manufacture 
or  prepare  for  sale,  or  to  sell,  or  to  offer  for  sale,  or  have  on 
hand  for  sale,  any  milk,  cream  or  condensed  milk  to  which 
any  coloring  matter  has  been  added  by  any  person  or  to 
whieh  any  gelatine  or  other  substance  has  been  added  by 
any  jDcrson  to  increase  the  consistency  of  such  milk,  cream 
or  condensed  milk,  so  as  [to]  make  such  milk,  cream  or  con- 
densed milk  appear  richer  or  to  [sic]  better  quality;  pro- 
vided, that  this  section  shall  not  be  construed  to  prohibit 
the  use  of  harmless  coloring  matter  and  common  salt  (chlo- 
ride of  sodium)  in  butter  and  cheese.  The  word  "person" 
as  used  in  this  act  shall  be  con.strued  to  import  both  the 
singular  and  plural,  as  the  case  demands,  and  shall  include 
individuals,  corporations,  companies,  societies  and  associa- 
tions. When  construing  and  enforcing  the  provisions  of 
this  act,  the  act,  omission  or  failure  of  any  employee,  officer, 
agent  or  other  person,  acting  for  or  employed  by  any  in- 
dividual, corporation,  company,  society  or  association, 
within  the  scope  of  his  employment  or  office,  shall  in  every 
case  also  be  deemed  to  be  the  act,  omission  or  failure  of  such 
individual,  corporation,  company,  society  or  association,  as 
well  as  that  of  the  person.  The  provisions  of  this  act  shall 
be  construed  to  apply  to  hotel-keepers,  restaurant-keepers 
and  boarding-house  keepers,  or  to  any  other  person  who 
shall  serve  meals  and  accept  money  therefor. 

Duty  of  state  dairy  bureau. 

Sec.  2.  It  shall  be  the  duty  of  the  state  dairy  bureau, 
now  existing  under  the  laAvs  of  this  state,  to  enforce  the 


DAIKIES.  747 

provisions  of  this  act;  provided,  that  nothing  in  this  act 
shall  be  eonstrned  to  prevent  any  city  or  county  board  of 
health  or  other  city  or  county  official  from  enforcing  the  pro- 
visions of  this  act. 

Penalty  for  violation.     Samples   of  milk.    Disposition   of 
fines. 

Sec.  3.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  dollars  ($25.00)  nor  more  than  tAvo  hundred  dol- 
lars ($200.00)  or  by  imprisonment  in  the  county  jail  for  not 
less  than  ten  days  nor  more  than  sixty  days ;  provided  that 
no  conviction  shall  be  had  when  a  conviction  is  souoht  upon 
any  alleged  sample  of  milk,  or  product  of  milk,  unless  such 
sample  has  been  taken  in  duplicate,  sealed,  and  marked  for 
identification,  and  one  of  such  samples  left  with  the  person 
accused.  All  fines  collected  under  this  act  shall  be  paid  to 
the  state  dairy  bureau  when  the  complaint  is  made  through 
the  state  dairy  bureau  and  the  state  dairy  bureau  shall  pay 
the  same  to  the  state  treasurer  and  the  amount  paid  by  the 
state  dairy  bureau  to  the  state  treasurer  is  hereby  appro- 
priated to  the  use  of  the  state  dairy  bureau  for  the  fiscal 
year  in  which  the  amount  is  paid  to  the  state  treasurer. 

Interference  with  inspectors. 

Sec.  4.  It  shall  be  unlawful  for  any  person  to  prevent 
or  interfere  Avith  the  duly  authorized  inspectors  or  agents 
of  the  state  dairy  bureau,  or  any  city  or  county  board  of 
health,  from  entering  any  place  or  premises  Avhere  milk 
or  products  of  milk  are  produced  or  manufactured,  or  pre- 
pared, or  to  prevent  or  interfere  Avith  such  inspectors  or 
agents,  in  the  event  they  deem  it  advisable  to  secure  sam- 
ples of  milk  or  milk  products  from  any  person  producing 
or  selling  milk  or  products  of  milk  for  the  purpose  of 
analyzing  the  same  to  ascertain  Avhether  this  act  is  being 
violated. 

Duty  of  district  attorney. 

Sec.  5.  It  shall  be  the  duty  of  the  district  attorney,  upon 
application  by  the  state  dairy  Inireau  or  by  any  city  or 
county  board  of  health  to  attend  to  the  prosecution,  in  the 
name  of  the  people,  of  any  complaint  entered  for  the  viola- 
tion of  any  of  the  provisions  of  this  act  within  his  district. 

Inconsistent  acts  repealed. 

Sec.  ().  All  acts,  or  parts  of  acts,  inconsistent  with  this 
act  are  hereliy  repealed. 


748  APPENDIX. 

Act  takes  effect  when. 

Sec.  7.  Tliis  act  shall  take  effect  and  be  in  force  sixty 
days  after  its  passage. 

DKUGS. 

Act  preventing  manufacture,  sale,  or  transportation  of  adulterated, 
mislabeled,  or  misbranded  drugs,  and  establishing  a  state  laboratory 
for  drugs:   ^ce  ruite,  Appcmlix,  tit.  "Adulteratiou." 

An  Act  for  l/ic  prcvoilioii  of  tJte  manufaciure,  sale  or  tra)is- 
porlaiion  of  adnltcraied,  mislabeled  or  misbranded  drugs, 
rcgidating  tlie  irafjlc  in  drugs  and  'providing  penalties 
for  violation  tlicreof. 

[Approved   March   11,   1907;    Stats.   1907,   p.   230.     1.  Amended    1913; 
Stats.    1913,   p.   767.     2.  Amended  by   Stats.    1915,   p.   172.] 

§    1.  Sale  of  adulterated  drugs  prohibited.     Goods  intended  for  export. 

§    2.  Definition  of  term  "drug." 

§    3.  Standard    of    purity. 

§    4.  What  constitutes  adulteration. 

§    5.  Definition   of   term   "misbranded." 

§    6.  Drugs  deemed  mislabeled,  when. 

§    7.  Definition    of   term   "package." 

§    8.  Evidence  of  violation  of  act. 

§    9.  State  laboratory  to  analyze  suspected  drugs.     Eight  of  sheriff  to 

purchase  or  seize. 

§  10.  Report  to  district  attorney. 

§  11.  Unlaw^ful  to  refu^  to  sell  to  sheriff. 

§  12.  When  analysis  shows  adulteration,  report. 

§  13.  Evidence  of  facts. 

§  14.  Annual  report  of  director  of  state  laboratory. 

§  15.  Notice'  of  violation  furnished  guarantor.     Hearing.     Certificate 

of  facts  to  district  attorney. 

§  16.  Duty  of  sheriff. 

§  17.  Fees  of  sheriff. 

§  18.  Duty  of  district  attorney. 

§  19.  Penalty  for  violation  of  act. 

§  20.  Disposition  of  fines. 

§  21.  Guaranty  of  jobber  protects  dealer.     Prosecution  of  jobber. 

§  22.  Act  takes  effect  when. 

Sale  of  adulterated  drugs  prohibited.     Goods  intended  for 
export. 

Section  1.  The  manufacture,  production,  preparation,  com- 
poundinff,  packing,  selling,  offering  for  sale  or  keeping  for  sale 
within  the  state  of  California,  or  the  introduction  into  this 
state  from  any  other  state,  territory,  or  the  District  of 
Columbia,  or  from  any  foreign  country,  of  any  drug  which 
is  adulterated,  mislabeled  or  misbranded  within  the  mean- 
ing of  this  act  is  hereby  prohibited.  Any  person,  firm,  com- 
pany, or  corporation  who  shall  import  or  receive  fi-om  any 
other  state  or  territory  or  the  District  of  Columbia  or  fi'om 


DRCGS.  749 

i\ny  foreign  eoiuitry.  or  wlio  liaviiiu  so  i-eceivod  shall  de- 
liver for  pay  or  otherwise,  or  offer  to  deliver  to  any  other 
person,  any  drug  adulterated,  mislabeled  or  misbrauded 
within  the  meaning  of  this  act,  or  an.y  person  who  shall 
manufacture  or  produce,  prepare  or  compound,  or  pack  or 
sell,  or  offer  for  sale,  or  keep  for  sale,  in  the  state  of  Cali- 
fornia, any  such  adulterated,  mislabeled,  or  misbranded 
drug,  shall  be  guilty  of  a  misdemeanor;  provided,  that  no 
article  shall  be  deemed  misbranded,  mislabeled  or  adul- 
terated within  the  provisions  of  this  act  when  intended  for 
export  to  any  foreign  country  and  prepared  or  packed  ac- 
cording to  the  specifications  or  directions  of  the  foreign 
purchaser  when  no  substance  is  used  in  the  preparation  or 
packing  thereof  in  conflict  with  the  laws  of  the  foreign 
country  to  which  said  article  is  intended  to  be  shipped; 
but  if  said  article  shall  be  in  fact  sold  or  offered  for  sale 
for  domestic  use  or  consumption,  then  this  proviso  shall 
not  exempt  said  article  from  the  operation  of  any  of  the 
other  provisions  of  this  act. 

Definition  of  term  "drug." 

See.  2.  That  the  term  "drug"  as  used  in  this  act,  shall 
include  all  medicines  and  preparations  recognized  in  the 
United  States  Pharmacopoeia  or  National  Formulary  for 
internal  or  external  use,  and  any  substance  or  mixture  of 
substances  intended  to  be  used  for  the  cure,  mitigation,  or 
prevention  of  disease  of  either  man  or  other  animals. 

Standard  of  purity. 

Sec.  3.  The  standard  of  purity  of  drugs  shall  be  the 
United  States  Pharmacopoeia  and  National  Formulary,  and 
the  regulations  and  definitions  adopted  for  the  enforcement 
of  the  food  and  drugs  act  of  June  30,  1906,  shall  be  adopted 
by  the  state  board  of  health  for  the  enforcement  of  this  act. 

What  constitutes  adulteration. 

Sec.  4.  Drugs  shall  be  deemed  adulterated  within  the 
meaning  of  this  act  in  any  of  the  following  cases: 

First.  If,  when  a  drug  is  sold  unde]'  or  by  a  name  rec(fg- 
nized  in  the  United  States  Pharmacopoeia  or  National  For- 
mulary, it  dift'ers  from  the  standard  of  strength,  quality 
or  purity,  as  determined  by  the  test  laid  down  in  the 
United  States  Pharmacopoeia  or  National  Formulary  offi- 
cial at  the  time  of  investigation ;  provided,  that  no  drug 
defined  in  the  United  States  Pharnuicopoeia  or  National 
Formulary  shall  be  deemed  to  be  adulterated  under  this 
provision  if  the  standard  of  strength,  quality,  or  purity  be 


750  APPENDIX. 

pliiiiily  stilted  iipoii  tlif  packav.c  tlicrcol'  <ilt  lioiiLili  the 
stiiiidaid  iiiav  ditl'iM-  Trom  that  tletcriiiiiied  by  tlu;  tost  hiid 
down  ill  tile  United  Slates  I'harnuieopoeia  or  National  For- 
mulary. 

Seeond.  If  the  strength  or  purity  fall  below  the  pro- 
fessed standard  or  (jualily  uiulei"  whieh  it  is  sold. 

Definition  of  term  "misbranded." 

See.  5.  'Jliat  the  term  "misbranded"  as  used  herein  shall 
apply  to  all  dru^s,  the  package  or  label  of  which  shall  bear 
any  statement,  design,  or  device,  regarding  such  article  or 
the  ingredients  or  substances  contained  therein  which  shall 
be  false  or  misleading  in  any  particular,  and  to  any  drug 
which  is  falsely  branded  or  labeled  as  to  the  county,  city 
and  county,  city,  town,  state,  territory.  District  of  Columbia 
or  foreign  country  in  Mdiich  it  is  manufactured  or  produced. 

Drugs  deemed  mislabeled,  when. 

Sec.  G.  Drugs  shall  be  deemed  mislabeled  or  misbranded 
under  the  meaning  of  this  act  in  eitlier  of  the  following 
cases : 

Imitations. 

First — If  it  be  an  imitation  of  or  offered  for  sale  under 
the  name  of  another  article. 

Original  contents  displaced. 

Second — If  the  contents  of  the  package  as  originally  put 
up  shall  have  been  removed,  in  whole  or  in  part,  and  other 
contents  shall  have  been  placed  in  such  package,  or  if  the 
package  as  offered  for  sale  at  retail  or  wholesale,  fail  to 
bear  a  statement  on  the  label  of  the  per  cent  of  volume 
of  alcohol,  or  the  quantity  of  any  morphine,  opium,  cocaine, 
heroin,  alpha  or  beta  eucaine,  chloroform,  cannabis  indica, 
chloral  hydrate,  acetanilide,  or  any  derivative  or  prepara- 
tion of  any  such  substances  contained  therein,  except  wiien 
prescribed  by  a  licensed  physician,  licensed  dentist,  or  li- 
censed veterinary  surgeon. 

False  statements. 

Third — If  its  package  or  label  shall  bear  or  contain  any 
statement,  design,  or  device  regarding  the  curative  or 
therapeutic  effect  of  such  article,  or  any  of  the  ingredients 
or  substances  contained  therein,  which  is  false  and  fraudu- 
lent. [Amendment  approved  June  13,  1913 ;  Stats.  1913, 
p.  767.] 

Definition  of  term  "package." 

Sec.  7.  The  term  "package"  as  used  in  this  act  shall  be 
construed   to   include   any   phial,   bottle,   jar,   demijohn,   car- 


DRUGS.  751 

ton,  bag,  case,  can,  box  or  barrel,  or  any  receptacle,  ve.s.sel  or 
container  of  whatsoever  material  or  nature  which  may  be 
used  by  a  manufacturer,  producer,  jobber,  packer  or  dealer, 
for  inclosing  any  drug. 

Evidence  of  violation  of  act. 

Sec.  8.  The  sale  or  offering  for  sale  of  any  adulterated, 
mislabeled  or  misbranded  drug  by  any  manufacturer,  pro- 
ducer, jobber,  packer  or  dealer  in  drugs,  or  broker,  com- 
mission merchant,  agent,  employee  or  servant  of  any  such 
manufacturer,  producer,  jo'  ber,  packer  or  dealer,  shall  be 
prima  facie  evidence  of  the  violation  of  this  act. 

State   laboratory   to    analyze    suspected    drug's.     Right    of 
sheriff  to  purchase  or  seize. 

Sec.  9.  Whenever  required  by  the  state  board  of  health 
or  its  secretary,  examinations  and  analyses  of  drugs  on 
sale  in  California  suspected  of  being  adulterated,  mislabeled 
or  misbranded,  shall  be  made  by  the  director  of  the  state 
laboratory  for  the  examination  and  analysis  of  foods  and 
drugs.  Said  state  board  of  health  or  the  secretary  may 
appoint  such  agent  or  agents  as  it  may  deem  necessary  for 
the  enforcement  of  this  act,  and  the  sheriffs  of  the  respec- 
tive counties  of  the  state  are  hereby  appointed  and  consti- 
tuted such  agents.  Any  agent  or  sheriff  shall  have  the 
right  to  purchase  at  the  place  of  business  of  any  manu- 
facturer or  dealer,  any  drug  suspected  of  being  adulterated, 
mislabeled  or  mis' randed  within  the  meaning  of  this  act, 
tendering  the  market  price  of  said  articles,  if  a  sale  be 
refused,  he  may  take  from  any  person,  firm  or  corporation 
samples  of  any  articles  suspected  of  being  adulterated,  mis- 
labeled and  misbranded,  and  shall  deliver  or  forward  such 
samples  to  the  said  director  of  the  state  laboratory  for  ex- 
amination and  analysis. 

Report  to  district  attorney. 

Sec.  10.  It  shall  be  the  duty  of  the  state  board  of  health 
whenever  it  has  satisfactory  evidence  of  the  violation  of 
any  of  the  provisions  of  this  act  respecting  the  adultera- 
tion, mislabeling  or  misbranding  of  drugs,  to  report  such 
facts  to  the  district  attorney  of  the  county  where  the  law 
is  violated. 

Unlawful  to  refuse  to  sell  to  sheriff. 

See.  11.  It  shall  be  a  misdemeanor  for  any  person  to  re- 
fuse to  sell  to  any  sheriff'  or  other  agent  of  the  state  board 
of  health,  any  sample  of  drug  upon  tender  of  the  market 
price  therefor,  or  to  conceal  any  such  drug  from  such  officer, 


752  AI'I'KXDIX. 

oi"  to  w  it  liliold  IVdiii  liiiii  iiir<)i'iiiat  ion  wlicri!  siicli  dniii'  is 
kopt  or  stofcd.  Any  sm-li  person  so  I'crnsiiiii'  to  sell,  or 
conoealinu:  sueli  druif,  or  willdioidiiMj;  such  inl'oniiation  from 
said  offieei-,  shall  upon  conviction,  be  punished  as  provided 
in  section  nineteen  of  the  Penal  Code  of  the  state  of 
California. 

When  analysis  shows  adulteration,  report. 

Sec.  12.  Whenever  said  director  shall  tind  from  his  ex- 
amination and  analysis  that  adulterated,  mislabeled  or  mis- 
branded  drugs  have  been  on  sale  in  this  state,  he  shall 
forthwith  report  to  the  secretary  of  the  state  board  of 
health,  and  shall  promptl}^  transmit  a  certificate  of  the  facts 
so  found  to  the  district  attorney  of  the  county  in  which  said 
adulterated,  mislabeled  or  niisbranded  drug  was  found. 

Evidence  of  facts. 

.Sec.  13'.  Every  certificate  signed  by  the  said  director  of 
the  state  laboratory  shall  be  prima  facie  evidence  of  the 
facts  therein  stated. 

Annual  report  of  director  of  state  laboratory. 

Sec.  14.  The  said  director  of  the  state  laboratory  shall 
make  an  annual  report  to  the  state  board  of  health,  on  or 
before  August  first  of  each  year,  upon  adulterated,  mis- 
labeled or  niisbranded  drugs,  in  which  report  shall  be 
included  the  list  of  cases  examined  by  him  in  which  adul- 
terants were  found,  and  the  list  of  articles  found  mislabeled 
or  niisbranded,  and  the  names  of  the  manufacturers,  pro- 
ducers, jobbers  and  sellers.  Said  report,  or  any  part 
thereof,  may,  in  the  discretion  of  the  state  board  of  health, 
be  included  in  the  report  which  the  state  board  of  health 
is  already  authorized  by  law  to  make  to  the  governor.  The 
state  board  of  health  may,  in  its  discretion  publish  any  part 
of  said  report  in  any  issue  of  its  monthly  bulletin. 

Notice  of  violation  furnished  guarantor.  Hearing.  Certifi- 
cate of  facts  to  district  attorney. 
Sec.  15.  When  the  examination  or  analysis  of  the  director 
of  the  state  laboratory  shows  that  any  of  the  provisions  of 
this  act  have  been  violated,  notice  of  that  fact  together 
with  a  copy  of  the  certificate  of  the  findings,  shall  be  fur- 
nished to  the  party  or  parties  from  whom  the  sample  was 
obtained  or  who  executed  the  guaranty  as  provided  in  this 
act,  and  a  date  shall  be  fixed  by  the  secretary  of  the  board 
of  health  at  which  time  said  party  or  parties  may  be  heard 
before    the    state    board    of    health    or    any    two  members 


DRl'GS.  753 

thereof,  ami  tlie  seeretary.  The  hearing'  shall  be  held  at 
such  times  and  places  as  may  be  designated  by  the  state 
board  of  health  and  at  least  fifteen  days'  notice  thereof 
shall  be  first  served  npon  the  party  complained  of.  These 
hearings  shall  l)e  private  and  confined  to  questions  of  fact. 
The  parties  interested  therein  may  appear  in  person  or  by 
attorneys  and  may  propound  the  interrogatories  and  sub- 
mit oral  or  written  evidence  to  show  any  fault  or  error  in 
the  findings  made  by  the  director  of  the  state  laboratory. 
If  the  examination  or  analysis  be  found  correct,  or  if  the 
party  or  parties  fail  to  appear  at  such  hearing,  after  notice 
duly  served  as  provided  herein,  the  secretary  of  the  state 
board  of  health  shall  forthwith  transmit  a  certificate  of  the 
facts  so  found  to  the  district  attorney  of  the  county  in  which 
said  adulterated,  mislabeled  or  misbranded  drug  was  found. 
No  publication  thereof  shall  be  made  until  after  said  hear- 
ing is  concluded.  [Amendment  approved  June  13,  1913 ; 
Stats.  1913,  p.  767.] 

Duty  of  sheriff. 

Sec.  16.  It  is  hereby  made  the  duty  of  the  sheriff  of  any 
county  of  this  state,  on  presentation  to  him  of  a  verified 
complaint  of  the  violation  of  any  provisions  of  this  act,  at 
once  to  obtain  by  purchase  a  sample  of  the  adulterated, 
mislabeled  or  misbranded  drug  complained  of  and  divide 
said  article  into  three  parts,  and  each  part  shall  be  sealed 
by  the  sheriff*  with  a  seal  provided  for  that  purpose.  If 
the  package  be  less  than  four  pounds,  or  in  volume  less  than 
two  quarts,  three  packages  of  approximately  the  same  size 
shall  be  purchased  and  the  marks  and  tags  upon  each 
package  noted  as  above.  One  sample  shall  be  delivered  to 
the  party  from  whom  procured,  or  to  the  party  guaran- 
teeing said  drug.  One  sample  shall  be  sent  to  the  director 
of  the  state  laboratory,  and  the  third  sample  shall  be  sent 
to  and  held  under  seal  by  the  state  board  of  health. 

Fees  of  sheriff. 

Sec.  17.  For  his  services  hereunder  the  said  sheriff  shall 
be  allowed  the  same  fees  for  travel  allowed  by  law  to 
sheritfs  on  service  of  criminal  process,  together  with  such 
compensation  as  by  the  board  of  supervisors  of  his  county 
may  be  deemed  reasonable,  and  all  accounts  expended  by 
him  in  procuring  and  transmitting  the  said  samples,  which 
fees  and  amount  expended  shall  be  audited  and  allowed  by 
the  said  supervisors  and  paid  by  his  said  county  as  other 
bills  of  said  sheriff. 

Pen.  Code — 48 


75-1:  AlTKN'mX. 

Duty  of  district  attorney. 

Sec  18.  It  shall  be  the  duty  of  the  distrift  attofiiey  of 
each  eounty  to  i)i"()s('('ut('  ;ill  violations  ot'  tlie  provisions  of 
this  art  occiiiTinu'  within  his  comity. 

Penalty  for  violation  of  act. 

Sec.  10.  Any  person,  linu,  company  or  corporation  vio- 
lating any  of  the  provisions  of  tliis  act,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars,  nor  more  than  five 
hundred  dollars,  or  shall  be  imprisoned  in  the  county  jail 
for  a  tei-m  not  exceeding  six  months,  or  hy  both  such  fine 
and  imprisonment.  Drugs  found  to  be  adulterated  or  mis- 
branded  within  the  meaning  of  this  act  may,  by  order  of 
any  court  or  judge,  be  seized  and  destroyed. 

Disposition  of  fines. 

Sec.  20.  One  half  of  all  fines  collected  by  any  court  or 
judge  for  the  violations  of  the  provisions  of  this  act  shall  be 
paid  to  the  state  treasurer  and  the  state  treasurer  shall  de- 
posit such  money  to  the  credit  of  the  fund  for  the  mainte- 
nance of  the  state  laboratory,  to  be  drawn  against  by  war- 
rants of  the  state  controller  upon  claims  which  shall  be 
approved  by  the  state  board  of  examiners. 

Guaranty  of  jobber  protects  dealer.     Prosecution  of  jobber. 

Sec.  21.  No  dealer  shall  l^e  prosecuted  under  the  provi- 
sions of  this  act  when  he  can  establish  a  guaranty  signed  by 
the  wholesaler,  jobber,  manufacturer  or  other  party  residing 
in  the  United  States  from  whom  he  purchased  such  article, 
to  the  effect  that  the  same  is  not  adulterated  or  misbranded 
within  the  meaning  of  this  act.  Such  guaranty  may  be 
either  general  or  special.  A  general  guaranty  shall  guar- 
antee without  condition  or  restriction  all  of  the  products  or 
articles  produced,  prepared,  compounded,  packed,  distrib- 
uted, or  sold  by  the  guarantor  as  not  adulterated  within 
the  meaning  of  this  act.  A  special  guaranty  shall  guarantee 
in  the  same  manner  the  particular  articles  listed  in  an  in- 
voice of  the  same,  and  shall  be  attached  to  or  shall  fully 
identify  such  invoice.  Both  said  guaranties  to  afford  pro- 
tection must  contain  the  name  and  address  of  the  party  or 
parties  making  the  sales  of  such  article  to  said  dealer.  If 
the  guaranty  be  to  the  effect  that  such  article  is  not  adul- 
terated or  misbranded  within  the  meaning  of  the  national 
pure  food  act,  approved  June  30,  1906,  it  shall  be  sufficient 
for  all  the  purposes  of  this  act  and  have  the  same  force  and 
eft'ect  as  though  it  referred  to  this  act,  except  that  a  guar- 


EMIGRATION.  755 

Jinty  relVi'i'iii^'  to  the  siiid  national  pure  food  act  alone  sliall 
not  be  sufficient  for  the  purpose  of  this  act  in  any  case  where 
at  any  time  the  standard  for  the  article  concerned  under 
this  act  is  higher  tlian  the  standard  for  a  like  article  under 
said  national  pure  food  act.  In  ease  the  wholesaler,  jobber, 
manufacturer  or  other  party  making  such  guaranty  to  said 
dealer  resides  without  this  state  and  it  appears  from  the  cer- 
tificate of  the  director  of  the  state  laboratory  that  such 
article  or  articles  were  adulterated  or  misbranded,  within 
the  meaning  of  this  act  or  the  national  pure  food  act  ap- 
proved June  30,  1906,  the  district  attorney  must  forthwith 
notify  the  attorney-general  of  the  United  States  of  such 
violation.  [Amendment  approved  April  23,  1915 ;  Stats. 
1915,  p.  172.] 

The  act  amending  this  section  contained  the  following 
provision :  This  amendment  shall  be  in  force  and  effect  from 
and  after  May  1,  1916 ;  provided,  that  as  to  products 
packed  and  labeled  prior  to  May  1,  1916,  in  accordance 
with  said  national  pure  food  act  and  with  the  regulations 
thereunder  in  force  prior  to  May  5,  1914,  this  amendment 
shall  be  in  force  and  effect  from  and  after  November  1,  1916. 

Act  takes  effect  when. 

Sec.  22.  This  act  shall  be  in  force  and  effect  from  and 
after  the  first  day  of  January,  nineteen  hundred  and  eight. 

EMIGRATION. 

An  Act  to  promote  emigration  from  the  state  of  California. 
[Approved  March  26,  1880;  Stats.  1880,  p.  15.]   . 

To  promote  emigration  from  state. 

Section  1.  It  shall  be  unlawful  for  the  owners,  officers, 
agents,  or  employees  of  any  steamsliip  company,  sailing  ves- 
sel, or  railroad  company,  or  firm,  or  corporation  that  may 
be  engaged  in  this  state  in  the  transportation  of  passengers 
to  and  from  any  foreign  port,  to  withhold  or  refuse  any 
person  or  jjersons  the  right  to  purchase  a  passage  ticket  or 
tickets  to  any  foreign  country,  for  the  reason  that  he  or  they 
have  not  presented  a  certificate,  card,  or  other  document 
Avhatsoever,  showing  that  such  person  has  paid  in  full,  or  in 
part,  any  or  all  dues,  debts,  or  demands,  or  otherwise,  or 
any  sum  whatsoever,  to  any  society,  company,  corporation, 
association,  or  individual,  or  firm ;  and  any  person  or  corpo- 
ration who  shall  violate  the  provisions  of  this  section,  or  in 


75(i  AI'l'KNDlX. 

piii'siuiiicc  oT  iiiiy  am'ci'iiiciil.  oi'.il  (tr  w  rittt-n,  refusf!  to  sell  n 
pjissaue  ticket  to  any  person  to  any  loreiun  eounti-y,  shall  be 
•guilty  o\l  a  misdemeanor,  and,  upon  eonvietion,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  .five  hundred  dollars;  ])fovided.  that  nothing  in  this 
seetion  shall  be  construed  in  any  manner  to  apply  to  any 
passport  or  other  document  refiuired  by  law  to  be  presented, 
havin,'*'  the  si.unature  or  seal  of  any  forei^in  consul  resident 
within  this  state. 

Act  takes  effect  when. 

►Sec.  2.     This  act  shall  take  effect  on  and  after  its  passage. 

I 

EXPLOSIVEIS. 

An  Act  to  protect  life  and  property  against  the  careless  and 
malicious  nsc  or  liandHng  of  dynamite  and  other  explo- 
s-ives. 

[Approved  March  12,  1S87;  Stats.  1887,  p.  110.] 

Codification  of  act  and  sections  superseded.  §§  1-4  superseded  by 
I*eu.  Code,  §  375a.     §  8  superseded  by  Pen.  Code,  §  601. 

See,  also,  Act  of  1911,  p.  391,  relating  to  the  same  general  sub' 
ject.     These  acts  are  in  the  General  Laws,  Acts  1092  and  1093. 


FENCES  AND  INCLOSURES. 

An  Act  to  prevent  persons  passing  tlirough  inclosures  and 
leaving  them  open,  by  tearing  dow)i  fences,  or  otherwise, 
and  to  prevent  hunting  npon  inclosed  lands  in  the  state 
of  California. 

[1.  Approved  March  23,  1876;  Stats.  1875-76,  p.  40S.  2.  Amended  Jan- 
uary 25,  1878;  Stats.  1877-78,  p.  49.  3.  Amended  March  30,  1878; 
Stats.  1877-78,  p.  776.] 

§  1.  Misdemeanor. 

§  2.  Same. 

§  3.  Same. 

§  4.  Same. 

§  5.  Same. 

§  6.  Penalty. 

§  7.  Conflicting  acts  repealed. 

§  8.  Counties   excepted. 

§  9.  Act  takes  effect  when. 

Misdemeanor. 

Section  1.  Every  person  who  shall  open  any  gate,  bars, 
or" fence  of  another,  for  the  purpose  of  passing  through,  and 
shall  willfully  leave  the  same  open,  without  the  permission 
of  the  OAvner,  is  guilty  of  a  misdemeanor. 


FENCES  AND  INCLOSURES.  757 

Same. 

Sec.  2.  Every  person  who  willfully  opens,  tears  down,  or 
otherwise  destroys  any  fence  on  the  inclosed  land  of  an- 
other, is  guilty  of  a  misdemeanor. 

Same. 

Sec.  3.  Every  preson  Avho  willfully  enters  upon  the  in- 
closed land  of  another  for  the  purpose  of  hunting,  or  who 
discharges  firearms,  or  lights  camp-fires  thereon,  without 
first  having  obtained  permission  of  the  owner  or  occupant  of 
said  land,  is  guilty  of  a  misdemeanor. 

Same. 

See.  4.  Every  person  who  willfully,  carelessly,  or  negli- 
gently, while  hunting  or  camping  upon  the  inclosed  land  of 
another,  kills,  maims,  or  wounds  an  animal,  the  propert}^  of 
another,  is  guilty  of  a  misdemeanor. 

Same. 

Sec.  5.  Every  person  who,  upon  departing  from  camp, 
willfully  leaves  the  fire  or  fires  burning  or  unextinguished, 
is  guilty  of  a  misdemeanor. 

Penalty. 

Sec.  6.  Every  person  found  guilty  of  any  of  the  misde- 
meanors herein  mentioned  shall  be  fined  not  less  than  twenty 
nor  more  than  fifty  dollars,  and  shall  be  imprisoned  in  the 
county  jail  until  such  fine  be  satisfied,  not  exceeding  one  day 
for  every  two  dollars  thereof. 

Conflicting  acts  repealed. 

Sec.  7.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
repealed ;  provided,  however,  nothing  herein  contained  shall 
be  construed  as  repealing  section  five  hundred  and  ninety- 
four  of  the  Penal  Code. 

Counties  excepted. 

Sec.  8.  Section  three  of  this  act  shall  not  apply  to  the 
counties  of  Los  Angeles,  San  Diego,  Sutter.  San  Benito,  Del 
Norte,  El  Dorado,  Colusa,  Yuba,  Humboldt,  Amador,  Tuol- 
umne, Shasta,  Plumas,  Lassen,  Siskiyou,  Modoc,  Trinity, 
Sierra,  Placer,  and  Santa  Cruz.  [Amendment  approved 
March  30,  1S7S ;  Stats.  1877-78,  p.  77(3.] 

Another  amendment  of  §  8  at  same  session  of  the  legislature.  By 
an  act  approved  January  25,  187S  (Stats.  1877-78,  p.  49),  §  S  was 
amended  to  read: 

"Sec.  8.  Section  three  of  this  act  shall  not  apply  to  the  counties  of 
Los  Angeles,  San  Diego,  Sutter.  Del  Norte,  El  Dorado,  Colusa,  Yuba, 
Humboldt,  Amador,  Tuolumne,  San  Luis  Obispo,  Plumas,  Lassen,  Sis- 
ki3on,  Movloc,   Shasta,   Trinity,  Sierra,   and  Placer." 


758  Al'l'ENDJX. 

Act  takes  effect  when. 

Sec.  9.     Tliis  act  shall  take  elTcct  immediately. 

Code  commissioner's  note  to  this  act.  In  his  "List  of  Statutes  in 
Forco,"  tlio  code  foiiiniissioncr  s;iys  of  this  act:  "§  5  of  the  act  super- 
sedeil  by  Pen.  Code,  §  3S4b,  as  adopted  in  1905;  §4  superseded  by 
Pen.  Code,  §  384c,  as  adopted  in  1905;  §§  1-3  i)robably  superseded  by 
Pen.  Code,  §  602,  subds.  8  and  9,  as  amended  in  1905." 


PISH. 

All  Act  coiiccrniiig  [he  paijmoit  of  the  expenses  and  costs  of 
the  trial  of  persons  charged  n-ith  the  violation  of  the  laws 
for  the  preservation  of  fish  in  the  navigable  ivaters  of 
iJiis  state. 

[1.  Approved  February  28,  1887;  Stats.  1887,  p.  5.     2.  Amended  Feb- 
ruary 12,  1903;  Stats.  1903,  p.  20.] 

This  act,  iiichidino'  the  title,  was  amended  by  an  act  ap- 
proved February  12.  1903  (Stats.  1903,  p.  20), 'to  read  (§4 
being  new)  as  follows: 


An  Act  providing  for  the  payment  of  the  costs  and  expenses 
of  all  trials  and  proceedings  against  any  person  charged 
with  the  violation  of  the  laws  of  this  state  for  the  preser- 
vation, protection,  or  restoration  of  fish.  [Amendment 
approved  February  12,  1903;  Stats.  1903,  p.  20.] 
[Approved  February  12,  1903;  Stats.  1903,  p.  20.] 

§  1.  Trials  of  offenses  against  fish  laws.     Costs. 

§  2.  Claims  for   costs,  where   presented. 

§  3.  [Eenumbered  §  5.] 

§  4.  Eepeal  of  conflicting  acts. 

§  5.  Act  takes  effect  when. 

Trials  of  offenses  against  fish  laws.     Costs. 

Section  1.  The  costs  and  expenses  of  all  trials  and  pro- 
ceedings which  shall  hereafter  be  had  in  any  county  of  this 
state  against  any  person  charged  with  having  violated  any 
of  the  provisions  of  any  law  of  this  state  for  the  preserva- 
tion, protection,  or  restoration  of  fish,  shall  be  borne  and 
paid  by  the  state. 

Claims  for  costs,  where  presented. 

Sec.  2.  Any  claim  against  the  state  for  the  cost  and  ex- 
penses named  in  this  act  shall  be  presented  to  the  state 
board  of  fish  commissioners,  duly  verified,  and  after  ap- 
proval and  allowance  by  said  board,  shall  be  acted  upon  by 


Fisu.  759 

the    state    board    of    examiners,    and    paid    out    of    the    fish 
commission  fund. 

Sec.  3.      [Renumbered  §  5.] 

Repeal  of  conflicting  acts. 

Sec.  4.  All  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  5.     This  act  shall  take  effect  immediately. 

An  Act  relatiug  to  fishing  in  the  waters  of  tliis  stale. 
[Approved  April  23,  18S0;  Stats.  1880,  p.  123.] 

Aliens  not  allowed  to  fish  in  waters  of  state. 

Section  1.  All  aliens  incapable  of  becomino;  electors  of 
this  state  are  hereby  prohibited  from  fishing,  or  taking  any 
fish,  lobster,  shrimps,  or  shell-fish  of  any  kind,  for  the  pur- 
pose of  selling,  or  giving  to  another  person  to  sell.  Every 
violation  of  the  provisions  of  this  act  shall  be  a  misde- 
meanor, punishable  npon  conviction  by  a  fine  of  not  less 
than  twenty-five  dollars,  or  by  imprisonment  in  the  county 
jail  for  a  period  of  not  less  than  thirty  days. 

Act  takes  effect  when. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from  an'd 
after  its  passage. 

Act  held  unconstitutional:  In  re  Ah  Chong,  5  Pac.  Coast  L.  J.  4.j1. 

All  Act  to  prevent  fisliing  or  the  taking  of  fish  by  means  of 
weirs,  dams,  nets,  traps  or  seines  in  False  Bag  or  in  the 
entrance  thereto. 

[Approved  March  25,  1909;  Stats.  1909,  p.  751.] 

§  1.     Protection  of  fish  in  False  Bay. 

§  2.     Penalty. 

§  3.     Act  takes  effect  when. 

Protection  of  fish  in  False  Bay. 

Section  1.  Any  person  who.  in  the  waters  of  False  Bay, 
in  the  county  of  San  Diego,  state  of  California,  or  in  the 
entrance  of  said  bay,  shall  use  any  Aveir,  dam,  net,  trap  or 
seine  of  any  description  for  the  purpose  of  catching  fish  or 
who  shall,  in  these  waters,  take  ?a\y  fish  from  any  weir,  dam, 
net,  trap  or  seine,  is  guilty  of  a  misdemeanor. 

Penalty. 

Sec.  2.  Any  person  convicted  of  the  violation  of  any  of 
the  provisions  of  this  act  shall  be  fined  not  less  than  \en  dol- 


7G(J  AITENDIX. 

lars  nor  iiioi'e  than  lil'ty  dollars,  or  shall  be  imprisoiKMl  iji 
the  county  jail  oL'  said  county  not  less  than  five  days  nor 
more  than  twenty-live  days,  or  shall  be  both  fihed  and  im- 
prisoned in  the  discretion  of  the  court. 

Act  takes  effect  w^hen. 

►Sec.   'A.     This  act  shall  take  effect  inimedialcily. 

An  Act  to  prevent  the  iaking  of  fisli  bij  means  of  weirs,  dams, 
nets,  traps  or  seines,  in  certain  tidr-water  on  the  coast  of 
Mendocino  County. 

[Approved  March  23,  1909;  Stats.  1909,  p.  753.     Amended  1911;  Stats. 

1911,  p.  915.] 

§  1.  Protection  of  fish  in  certain  tide-waters  of  Mendocino  Coiint.y. 

§  2.  Extent  of  tide-water. 

§  3.  Act  takes  effect  when. 

§4.  Act  subject  to  Penal  Code,  §  6;j4. 

Protection  of  fish  in  certain  tide-vvaters  of  Mendocino 
County. 

Section  1.  Any  person  who  in  the  tide-water  of  the 
Noyo,  Big,  Ten-mile,  Garcia,  Navarro,  or  Gualala  rivers  in 
I\Iendocino  County,  shall  use  any  weir,  dam,  net,  trap  or 
seine  of  any  description  for  the  purpose  of  catching  fish,  or 
who  shall  in  any  of  said  tide-water  take  any  fish  of  any  kind 
from  any  weir,  dam,  net,  trap,  or  seine,  is  guilty  of  a  misde- 
meanor and  is  punishable  by  a  fine  of  not  less  than  ten  nor 
more  than  fifty  dollars,  or  by  imprisonment  in  the  county 
jail  of  said  county  not  less  than  five  days  nor  more  than 
twenty-five  days,  or  by  both  such  fine  and  imprisonment. 

Extent  of  tide-water. 

Sec.  2.  In  the  construction  and  meaning  of  this  act  the 
limits  of  tide-water  in  the  Noyo  River  shall  be  deemed  to 
extend  from  its  mouth  to  the  mouth  of  the  South  Fork 
thereof;  in  the  Big  River  from  the  mouth  thereof  to  the 
Laguna;  in  the  Ten-mile  River  from  the  mouth  thereof  to 
the  Soda  Springs;  in  the  Garcia  River  from  the  mouth 
thereof  to  the  mouth  of  the  North  Fork  thereof ;  in  the  Nav- 
arro River  from  the  mouth  thereof  to  Barton  Gulch ;  in  the 
Gualala  River  from  the  mouth  thereof  to  the  mouth  of  the 
North  Forli  thereof. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 

Act  subject  to  Penal  Code,  section  634. 

Sec.  4.  The  ])rovisions  of  this  act  are  subject  to  .section 
684  of  the  Penal  Code,  and  the  use  of  such  Aveir,  dam,  not, 


FISH.  761 

trap  or  seine  i'or  the  purpose  of  catching  fish,  and  tlie  talking 
of  fish  from  any  weir,  dam,  net,  trap  or  seine  in  the  waters 
described  in  this  act  shall  be  permitted  at  the  times  and  in 
the  manner  set  out  in  said  section  634  of  the  Penal  Code. 
[Amendment  approved  April  14,  1911;  Stats.  1911,  p.  915.] 

An  Act  to  prevent  the  catching  of  fish  hy  seines,  nets,  or 
iveirs,  in  the  San  Antonio  Creek,  in  the  county  of 
Alameda. 

[Approved  March  20,  1876;  Stats.  1875-76,  p.  362.] 

§  1.     Use  of  seines  and  nets  unlawful. 
§  2.     Penalty  for  violation. 
§  3.     Act  takes  effect  when. 

Use  of  seines  and  nets  unlawful. 

Section  1.  It  shall  not  be  lawful  for  any  person  to  catch 
fish  in  the  Avaters  of  the  San  Antonio  Creek,  in  the  county 
of  Alameda,  by  the  use  of  seines,  nets,  or  weirs. 

Penalty  for  violation. 

See.  2.  Any  person  violating  the  provisions  of  this  act 
shall  be  subject  to  a  penalty  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars  for  each  offense,  or  imprisonment 
in  the  county  jail  of  the  county  of  Alameda  for  a  term  of  not 
less  than  thirty  nor  more  than  sixty  days,  v/hich  penalty 
may  be  enforced  by  any  police  judge  or  justice  of  the  peace 
of  said  county. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

Setting  of  seines  or  nets  for  fish:   See  ante,  §§  636,  636a. 

An  Act  to  proliihit  the  destruction  of  fisli  in  Alameda  County. 

[Approved  March  28,  1878;  Stats.  1877-78,  p.  598.] 

§  1.  Catching  fish  in  Lake  Chabot. 

§  2.  Catching  fish  in  San  Leandro  Creek.     Time  of  catching  defined. 

§  3.  Misdemeanor. 

§  4.  Act  takes  effect  when. 

Catching'  fish  in  Lake  Chabot. 

Section  1.  It  shall  not  be  lawful  for  any  person  to  catch, 
take,  or  destroy  any  fish  of  any  kind  in  the  body  of  water 
known  as  Lake  Chabot,  in  the  San  Leandro  Creek,  in  Ala- 
meda County,  belonging  to  the  Contra  Costa  Water  Com- 
pany, without  permission  of  the  owner  or  owmers  thereof. 


7(i2  APPENDIX. 

Catching  fish   in   San   Leandro    Creek.     Time   of   catching 
defined. 

Sec.  2.  It  shall  nut  he  hnvi'ul  to  take,  kill,  or  destroy  any 
brook  or  sprecklod  trout,  sahnoii,  or  salmon-trout,  or  any 
other  species  of  fish  in  San  Leandro  Creek  and  its  branches 
or  tributaries,  oi-  in  any  ol'  the  streams  or  watercourses  of 
said  county,  between  the  first  day  of  October  of  each  year 
and  tlie  first  day  of  April  of  the  following  year. 

Misdemeanor. 

Sec.  8.  Any  person  violating-  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor. 

Act  takes  effect  when. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

An  Act  to  prevent  ilie  destruction  of  fisli  in  King's  River. 
[Approved  March  28,  1878;  Stats.  1877-78,  p.  601.] 

Passage  of  fish  through  ditches  prevented;  how. 

Section  1.  The  proprietors  of  all  water-ditches  and 
flumes,  drawing  their  supply  from  the  waters  of  King's 
River,  shall  place  and  keep  in  good  repair  at  the  heads  of 
their  respective  ditches  or  flumes,  through  w^hich  all  the 
water  from  the  river  entering  tlie  ditch  or  flume  shall  pass, 
strips  of  wood  or  other  material,  the  meshes  between  which 
shall  not  exceed  one  inch  in  width,  for  the  prevention  of  the 
passage  of  fish  from  the  river  into  the  flumes  or  ditches. 
Any  person  taking  water  from  King's  River  in  violation  of 
the  provisions  of  this  act  is  guilty  of  a  misdemeanor. 
Screens  over  mill-races,  flumes,  pipes,  etc.:  See  ante,  §  629. 

An  Act  for  the  preservation   of  fisli  in   tlie  waters   of   Lake 

Bigler. 
[Approved  March  30,  1878;  Stats.  1877-78,  p.  746.] 

§  1.  Catching  fish,  except  by  hook  and  line,  in  Lake  Bigler. 

§  2.  Penalty. 

§  3.  Fines;  how  paid_. 

§  4.  Conflicting  acts  repealed. 

§  5.  Act  takes  effect  when. 

Catching  fish,  except  by  hook  and  line,  in  Lake  Bigler. 

Section  1.  It  pball  not  be  lawful  for  any  person  or  per- 
sons to  catch  or  kill  any  fish  in  the  waters  of  Lake  Bigler. 
or  in  any  stream  leading  into  or  from  said  Lake  Bigler,  Avith 
any  seine,  gill-net.  spear,  wnre  fence,  basket,  trap-set  net.  or 


FLAG — GAME  LAWS.  763 

dam,  or  any  poisoiious,  deleterious  or  stupefying  drug  or 
explosive  eompound,  or  any  other  implement  or  appliance, 
except  by  means  of  a  hook  and  line. 

Penalty. 

Sec.  2.  Any  person  or  persons  who  shall  violate  any  pro- 
vision of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  npon  conviction  thereof  before  any  justice  of  the  peace, 
in  Placer  County,  El  Dorado' County,  or  Nevada  County, 
shall  be  punished  by  a  tine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred,  or  by  imprisonment  in 
the  county  jail  not  less  than  thirty  days  nor  more  than  four 
months,  or  by  both  such  fine  and  imprisonment,  in  the  dis- 
cretion of  the  court,  for  each  and  ever}'  offense,  besides  the 
cost  of  prosecution. 

Fines ;  how  paid. 

See.  3.  The  district  attorney,  or  his  deputy,  of  El  Dorado 
County,  or  of  Placer  County,  or  of  Nevada  County,  which- 
ever the  informer  may  notify  as  within  the  district  attor- 
ney's jurisdiction,  shall  prosecute  such  suits,  and,  upon  con- 
viction, all  fines,  damages,  and  penalties  that  may  be 
aAvarded  oi-  collected  under  this  act  shall  be  paid  one  half 
to  the  district  attorney  and  one  half  to  the  informer,  share 
and  share  alike;  and  it  is  hereby  made  the  duty  of  the  dis- 
trict attorney,  or  his  appointed  deputy,  of  the  counties  of 
Placer,  El  Dorado,  and  Nevada,  to  prosecute  all  cases  arising 
under  this  act. 

Conflicting  acts  repealed. 

See.  -i.  All  acts,  and  provisions  of  any  act  or  parts  of 
acts,  conflicting  with  this  act,  are  hereby  repealed. 

Act  takes  effect  when. 

See.  5.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

FLAG. 
Act  to  prohibit  desecration  of:   Stats.  1S99,  p.  4". 

GAME  LAWS. 

Fish:  See  ante,  Appendix,  tit.  "Fish." 

Act  to  prevent  hunting  on  inclosed  lands:  See  ante,  Appendix,  tit. 
"Fences  and  Inclosures." 

An  Act  for  the  protection  of  game  in  Nevada  County. 

[Approved  February  6,  1874;  Stats.  1873-74,  p.  SO.] 

Code  commissioner's  note  to  this  act.  In  his  "List  of  Statutes  in 
Force,"  the  code  commissioner  says  of  this  act:  "Probably  modified 
and  repealed  by  Pen.  Code,  §§  626e,  626f,  626h,  and  626i."" 


7(JJ:  APPENDIX, 

.1;;.  .[(I  to  pn  rciil  the  di sintcltoit  of  deer  <jii  Motile,  Diablo, 

in  Contra  Cosla  County. 

[Approved  Man-li  2S,  1S78;  Stats.  1S77-78,  p.  o!)9.J 

Hunting-  or  killing-  deer  on  Monte  Diablo.     Misdemeanor. 

Sectioji  1.  K\('i-y  person  who  sluill  limit.  i)iirsiio,  kill,  or 
destroy  any  male  or  jemale  deer  or  i'awn  within  three  miles 
of  the  summit  of  JMoiite  Diablo,  in  Contra  Costa  County,  for 
the  period  of  four  years  from  the  date  of  the  passage  of  this 
act,  is  guilty  of  a  misdemeanor. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


An  Act  to  prevent  the  eapturc  and  elestruetion  of  mocking- 
birds in  tliis  state. 
[Approved  February  14,  1872;  Stats.  1871-72,  p.  1U2.] 

§  1.     Mocking-birds  must  enjoy  perfect  imnmnity. 
§  2.     Fines,  disposition  of. 
§  3.     Act  takes  effect  when. 

Mocking-birds  must  enjoy  perfect  immunity. 

Section  1.  Any  person  or  persons  who  shall  willfully  and 
knowingly  shoot,  w^ound,  trap,  snare,  or  in  any  other  manner 
catch  or  capture  any  mocking-bird  in  the  state  of  Cali- 
fornia, or  shall  knowingly  take,  injure,  or  destroy  the  nest 
of  any  mocking-bird,  or  shall  take,  injure,  or  destroy  any 
mocking-bird's  eggs,  in  the  nest  or  otherwise,  in  said  state, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  before  any  justice  of  the  peace  of  the  township 
in  which  the  offense  shall  have  been  committed,  shall  be 
fined  in  a  sum  not  less  than  five  dollars  nor  exceeding  ten 
dollars,  and  cost  of  the  action  for  each  offense,  or  may  be 
imprisoned  not  less  than  five  days  nor  more  than  ten  days, 
or  by  both  such  fine  and  imprisonment,  as  the  judgment  of 
the  court  may  direct. 

Fines,  disposition  of. 

Sec.  2.  All  fines  collected  under  the  provisions  of  this  act 
shall  be  paid  into  the  county  treasury  for  the  benefit  of  the 
connnon-school  fund. 

Act  takes  effect  when. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


GAS — GRAND  ARMY.  765 

GAS. 

An  Act  to  regulate  the  use  of  illuniinating-gas. 
[Approved  March  20,  1903;  Stats.  1903,  p.  289.] 

Gas  not  to  be  turned  off  at  meter. 

Section  1.  Every  hotel-keeper,  lodging-house  keeper,  and 
inn-keeper,  or  keeper  of  any  place  where  rooms  are  let  to 
lodgers  in  which,  or  any  of  which  such  places  illnminating- 
gas  is  used,  who  shall  turn  off,  or  cause  to  be  turned  off  at 
the  meter  the  flow  of  such  illuminating-gas,  during  the  time 
of  the  use  of  any  such  room  or  rooms,  shall  be  guilty  of  a 
misdemeanor ;  provided,  however,  that  this  act  shall  not  ap- 
ply to  any  of  the  persons  herein  enumerated,  when  such 
person  or  persons  shall  have  connected  every  exit  orifice 
upon  the  gas-fixtures  used  in  such  place  or  places  with  a 
practical  and  safe  automatic  gas-igniter. 

Act  takes  effect  when. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  immedi- 
ately from  and  after  its  passage. 

GRAND  ARMY. 

An  Act  entitled  An  Act  to  prevent  persons  from  milawf iillij 
using  or  wearing  the  badge  of  the  Grand  Army  of  tJie 
Rcjnihlic  of  this  state. 

[1.  Approved  March  10,  1887;  Stats.  1S87,  p.  82.     2.  Amended  March  1, 
1907;  Stats.  1907,  p.  81.] 

Army  badges,  penalty  for  nnlawfully  wearing. 

Section  1.  Any  person  who  shall  willfully  wear  or  use 
the  badge  or  button  of  the  Grand  Army  of  the  Republic,  or 
of  the  United  Spanish  War  Veterans,  to  obtain  aid  or  assist- 
ance thereby  within  this  state,  unless  he  shall  be  entitled  to 
wear  or  use  the  same  under  the  rules  and  regulations  of  the 
Department  of  California,  Grand  Army  of  the  Republic,  or 
United  Spanish  War  Veterans,  respectively,  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction,  shall  be  punished 
by  imprisonment  for  a  term  not  to  exceed  thirty  days  in 
the  county  jail,  or  a  fine  not  to  exceed  twenty  dollars,  or  by 
both  such  fine  and  imprisonment.  [Amendment  approved 
March  1,  1907;  Stats.  1907,  p.  81.1 

Sec.  2.     [No  section  of  this  number.] 

Act  takes  effect  when. 

See.  8.  This  act  shall  take  effect  and  be  in  force  from  and 
after  the  date  of  its  passage. 


766  APPENDIX. 

GROWING  TKh^ES. 

An.  Act  to  protect  the  groves  of  bi(j  trees  in  the  counties  of 

Fresno,  Tulare,  and  Kern. 

[Approved  March  13,  1874;  Stats.  1873-74,  p.  347.] 

§  1.     Misdcmpanor. 

§  2.     Disposition  of  fines. 

§  3.     Act  takes  effect  when. 

Misdemeanor. 

Section  1.  Any  pei'son  or  persons  who  sliall  willfully  cut 
down  or  strip  of  its  bark,  any  tree  "over  sixteen  feet  in 
diameter,"  in  the  orove  of  big  trees  sitnated  in  the  counties 
of  Fresno,  Tulare,  or  Kei-n,  or  shall  destroy  any  of  said 
trees  by  fire,  shall  be  guilty  of  a  misdemeanor,  and  shall,  on 
conviction  thereof  before  any  justice  of  the  peace  in  said 
counties,  be  fined  not  less  than  (if;50)  fifty  dollars  nor  more 
than  ($300)  three  hundred  dollars,  or  imprisonment  in  the 
county  jail  not  less  than  (25)  twenty-five  days  nor  more 
than  (150)  one  hundred  and  fifty  days,,  or  both  fine  and 
imprisonment,  as  the  court  may  determine. 

Disposition  of  fines. 

Sec.  2.  Upon  the  arrest  and  conviction  of  any  person  or 
persons  guilty  of  any  of  the  acts  before  mentioned,  the  party 
informing  shall  be  entitled  to  one  half  of  the  fines  collected. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

INTOXICATING  LIQUORS. 

An  Act  to  prohibit  tJic  sale  of  intoxicatinrj  liquors  within  a 
certain  distance  of  any  camp  or  assembly  of  men,  num- 
bering twenty-five  or  more,  engaged  vpon  the  construc- 
tion, repair  or  operation  of  any  public  work,  improve- 
ment, or  utility. 

[Approved    March    25,    1909;    Stats.    1909,    p.    722.] 

§  1.     Sale  of  liquors  near  construction  camps. 

§  2.     Misdemeanor. 

§  3.     Act  takes  effect  when. 

Sale  of  liquors  near  construction  camps. 

Section  1.  It  shall  be  unlawful  for  any  person  to  sell, 
keep  for  sale,  or  give  away,  any  spirituous,  vinous,  malt  or 
mixed  intoxicating  liquors  at  any  place  situated  more  than 
oiu^  mile  outside  the  limits  of  an  incorporated  city  or  toAvn 


INTOXICATING  LIQUORS.  '  767 

and  within  four  miles  of  any  camp  or  assembly  of  men. 
numbering-  twenty-five  or  more,  engaged  upon,  or  in  connec- 
tion Avith,  the  construction,  repair  or  operation  of  any  pub- 
lic or  quasi-public  work,  improvement  or  utility;  provided, 
however,  that  nothing  in  this  section  contained  shall  be 
deemed  to  apply  to  the  sale,  keeping  for  sale,  or  disposal  of 
any  such  liquor  at  a  licensed  saloon  or  liquor-store  which 
shall  have  been  established,  or  at  a  licensed  saloon  or  liquor- 
store  which  shall  be  maintained,  at  the  time  this  act  takes 
effect,  upon  the  same  premises  Avhere  a  licensed  saloon  or 
liquor-store  shall  have  been  established,  at  least  six  months 
prior  to  the  establishment  of  such  camp  or  assembly  of  men, 
or  to  the  sale,  keeping  for  sale,  or  disposal  of  any  such 
liquors  at  any  winery,  licensed  brewery  or  distillery,  where 
the  same  is  manufactured. 

Misdemeanor. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of  this 
statute  shall  be  guilty  of  a  misdemeanor,  and,  for  each  of- 
fense, shall  be  puni.shed  by  a  fine  not  exceeding  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceeding 
six  months,  or  by  both  such  fine  and  imprisonment. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 

An  Act  to  prevent  the  sale  of  intoxicating  liqixors  to  persons 
addicted  to  the  inordinate  use  of  intoxicating  liquors. 

[Approved   March   19,   1889;    Stats.   1889,   p.   352;   amended'  by   Stats. 

1915,  p.  49.] 

§  1.     To  prohibit  furnishing  intoxicating  liquor  to  person  inordinately 

using  it. 
§  2.     Not  to  apply  to  physicians. 
§  3.     Act  takes  effect  when. 

To  prohibit  furnishing'  intoxicating  liquor  to  person  inordi- 
nately using  it. 
Section  1.  Any  person  whO;  after  receiving  notice  that  a 
person  named  in  said  notice  is  addicted  to  the  inordinate  use 
of  intoxicating  liquors,  should  the  person  named  in  said 
notice  be  so  addicted,  shall  thereafter  within  a  period  of 
twelve  months  furnish  to  said  person  so  addicted  to  the 
inordinate  use  of  intoxicating  liquors,  any  spirituous  liquors, 
wines,  or  intoxicating  or  malt  liquors,  shall  be  guilty  of  a 
misdemeanor  and  punishable  bj^  imprisonment  in  the  county 
jail  not  exceeding  six  months,  or  by  fine  not  exceeding  two 
hundred  dollars,  or  by  both  such  fine  or  imprisonment.    Said 


7G8  Al'I'KXDIX. 

uotiec  shall  \  v.  in  wriliiiu'  and  may  he  ^ivcMi  hy  any  adult 
intMuhcr  of  the  family  of  said  person  so  addicted  to  the 
inordinate  use  of  intoxieatiiii;'  li(iuors,  or  hy  any  adult  I'ela- 
tive  of  said  jierson  so  addieted  to  the  inoi-dinate  use  of  said 
intoxicating  Ii(|uo)-s,  or  hy  any  peace-officer  or  district  attor- 
ney. [Amendment  approved  IMay  26,  1915;  Stats.  1915, 
p.  49.] 

Not  to  apply  to  physicians. 

Sec.  2.  The  provisions  of  this  act  shall  iiot  pi'oliil)it  an}' 
reguhirly  licensed  physician  I'rom  furnishing  or  prescrihing 
said  licjuors  in  case  of  sickness. 

Act  takes  effect  wiien. 

See.  3.  This  act  shall  take  efifect  from  and  after  its 
passage. 

Sale  of  intoxicating  liquor  to  habitual  durnkard:  See  ante,  §  3!)?. 

JUVENILE  COURT. 

Defiiiiiuj  find  providing  for  tlie  control,  protecUon,  and  treat- 
ment of  dependent  and.  delinquent  children;  prescrihing 
the  powers  and  duties  of  courts  ivith  respect  thereto; 
providing  for  the  appointment  of  probation  officers,  and 
prescrihing  their  duties  and  powers;  providing  for  the 
separation  of  children  from  adults  when  confined  in  jails 
or  other  institutions ;  providing  for  the  appointment  of 
boards  to  investigate  the  qualifications  of  organizations 
receiving  children  under  this  act,  and  prescrihing  the 
duties  of  such  hoards;  and  providing  when  proceediyigs 
under  this  act  shall  he  admissible  in  evidence. 
[Approved  February  26,  1903;  Stats.  1903,  p.  44.] 

Amended  1905,  p.  806;  1907,  p.  777.  Eepealed  1909,  pp.  213.  226; 
1911,  pp.  673,  674;  1913,  p.  1285. 
See  next  act. 


JUVENILE  COURT.  761) 

.'l>j  act  to  be  known  as  the  jiivenile  court  law,  and  concerning 
persons  nndcr  the  age  of  twenty-one  years;  and  in  certain 
cases  providing  for  their  care,  custody  and  maintenance; 
providing  for  the  prohationary  treatment  of  such,  persons, 
and  for  the  commitment  of  such  persons  to  the  Whiitier 
State  School  and  the  Preston  School  of  Industry,  the 
California  School  for  Girls,  and  other  institutions; 
estahlishing  prohation  officers  and  a  probation  committee 
to  deal  with  such  persons  and  fixing  the  scdary  thereof; 
providing  for  the  establishment  of  detention  homes  for 
such  persons;  fixing  the  method  of  procedure  and  treat- 
ment or  commitment  where  crimes  have  been  committed 
by  such  persons;  providing  for  the  punishment  of  those 
giiilty  of  offenses  with  reference  to  such  persons,  and 
defining  such  crimes;  and  repealing  the  juvenile  court 
law  approved  March  8,  1909^  as  amended  by  an  act  ap- 
proved April  5,  1911,  and  a^  amended  by  an  act  approved 
June  16,  19:^3,  and  all  amendments  thereof  and  all  acts  or 
parts  of  acts  inconsistent  herewith. 

[Approvpd  June  15,  1915.     Stats.  1915,  p.  1225.] 

"Juvenile  court  b/.\  " 

Section  1.  This  fict  shall  be  known  as  the  "juvenile  court 
law"  and  shall  apply  to  any  person  under  the  age  of  twenty- 
one  years: 

Persons  affected. 

1.  Who  is  found  begging,  receiving  or  gathering  alms,  or 
who  is  found  in  any  street,  road  or  pu])lic  place  for  the  pur- 
pose of  so  doing,  whether  actually  begging  or  doing  so  under 
the  pretext  of  selling  or  offering  for  sale  any  article  or  arti- 
cles, or  of  singing  or  playing  on  any  musical  instrument,  or 
of  giving  any  public  entertainment  or  accompanying  or 
being  used  in  aid  of  any  person  so  doing ;  or 

2.  Who  has  no  parent  or  guardian;  or  who  has  no  parent 
or  guardian  willing  to  exercise  or  capable  of  exercising 
proper  parental  control;  or  who  has  no  parent  or  guardian 
actually  exercising  such  proper  parental  control  and  who  is 
in  need  of  such  control ;  or 

3.  Who,  being  a  minor,  is  destitute,  or  whose  father,  said 
person  being  a  minor,  does  not  or  cannot  provide  for  said 
person  the  necessities  of  life,  and  who  has  no  other  means, 
through  his  mother  or  otherwise,  of  obtaining  said  necessi- 
ties. 

4.  Whose  home,  said  person  being  a  minor,  by  reason  of 
neglect,  cruelty  or  depravity  on  the  part  of  his  parents  or 

Pen.  Code — 49 


770  APPENDIX. 

cither  ol"  them,  or  on  Ihc  \)i\vt  of  his  guardian,  or  on  tho  part 
of  the  i^erson  in  whose  custody  oi'  eai-e  he  may  he,  is  an  un- 
lit i)hiee  for  said  jx'rson  ;  or 

5.  AVho  is  found  wanderinj>-  and  either  lias  no  home  or  no 
settled  place  of  ahode  or  no  visihle  means  of  subsistence  or 
no  proper  guardianship ;  or 

6.  Who  is  a  vagrant  or  who  fre(iuents  the  company  of 
criminals,  vagrants  or  prostitutes,  or  persons  so  reputed;  or 
Avho  is  in  any  house  of  prostitution  or  assignation ;  or 

7.  Who  habitually  visits  without  parent  or  guardian  any 
public  billiard  room  or  public  poolroom,  or  any  saloon  or 
any  place  Avhere  any  spirituous,  vinous  or  malt  liquors  are 
sold,  bartered,  exchanged  or  given  away;  or 

8.  Who  habitually  uses  intoxicating  liquors  or  habitually 
smokes  cigarettes,  or  habitually  uses  opium,  cocaine,  mor 
phine  or  other  similar  drug  without  the  direction  of  a  com- 
petent physician ;  or 

9.  Who,  being  a  minor,  persistently  or  habitually  refuses 
to  obey  the  reasonable  and  proper  orders  or  directions  of, 
or  who  is  beyond  the  control  of,  his  parent,  parents,  guard 
ian  or  custodian ;  or 

10.  Who  is  an  habitual  truant  from  school  within  the 
meaning  of  any  law  of  this  state ;  or 

11.  Who  is  leading,  or  from  any  cause  is  in  danger  o.^ 
leading,  an  idle,  dissolute,  lewd  or  immoral  life ;  or 

12.  Who  is  insane,  or  feeble-minded,  or  so  far  mentally 
deficient  that  the  parents  or  guardian  are  unable  to  exercise 
proper  parental  control  over  said  person,  or  whose  mind  is 
so  far  deranged  or  impaired  as  to  endanger  the  health,  per- 
son, or  property  of  himself  or  others. 

13.  Who  violates  any  law  of  this  state  or  any  ordinance  of 
any  towni,  city,  county,  or  city  and  county  of  this  state  defin- 
ing crime. 

14.  AVho  shall  be  declared  free  from  the  custody  and  con- 
trol of  his  parents,  as  more  fully  defined  in  section  fifteen  of 
this  act. 

Persons  judgfed  wards  of  court. 

Sec.  2.  When  any  person  under  the  age  of  twenty-one 
years,  alleged  to  come  within  the  provisions  of  any  of  the 
subdivisions  one  to  thirteen  inclusive  of  section  one  of  this 
act.  shall  be  fomid  by  said  court  or  .judge  to  come  within  the 
terms  of  any  of  said  subdivisions  as  alleged,  the  court  shall 
adjudge  said  person  to  be  a  ward  of  the  juvenile  court  and 
shall  in  its  judgment  make  a  finding  of  the  facts  upon  which 
the  court  exercises  its  jurisdiction  over  such  person  as  a 
ward   of  the  juvenile  court;  and  the  court  shall  thereupon 


JUVENILI-:  CDiiirr.  771 

make  such  order  or  oi-ders,  in  accordance  with  said  findings, 
as  may  be  necessary  for  the  care  of  said  ward  of  the  juvenile 
court ;  provided,  however,  that  no  merely  unfortunate  person 
shall  be  so  committed  or  placed  as  to  be  brought  into  direct 
contact  or  personal  association  with  wayward  persons  of  evil 
influence.  All  coniniitment  and  recommitment  orders  shall 
be  in  writing,  and  shall  be  signed  by  the  judge  of  the  juve- 
nile court. 

Any  person  may  file  petition. 

Sec.  3.  Any  person  may  file  with  the  clerk  of  the  supe- 
rior court  a  petition  showing  that  there  is  within  the  county, 
or  residing  therein,  or,  in  the  case  of  any  alleged  violation 
within  said  county  of  any  law  or  ordinance,  that  there  then 
was  within  said  county,  a  person  coming  within  the  provi- 
sions of  section  one  or  section  fifteen  of  this  act,  and  praying 
that  the  superior  court  deal  with  such  person  as  provided  in 
this  act.  Such  petition  shall  be  verified,  and  shall  contain  a 
statement  of  the  facts  bringing  said  person  M-ithin  the  provi- 
sions of  either  of  said  sections,  and  the  names  and  residences, 
if  known  to  said  petitioner,  of  the  parent  or  parents  or 
guardian  of  said  person,  or  if  there  be  neither  parent  nor 
guardian  residing  Avithin  the  county,  or  in  the  case  of  a  per- 
son coming  within  the  provisions  of  subdivision  fourteen  of 
section  one  or  of  section  fifteen,  if  there  be  no  parent  resid- 
ing Avithin  the  state  or  if  his  place  of  residence  be  not  known 
to  said  petitioner,  then  the  name  and  residence,  if  known  to 
srxid  petitionei".  of  some  relative  of  said  person,  residing 
within  said  county,  or  in  the  case  of  a  person  coming  within 
the  provisions  of  subdivision  fourteen  of  section  one  or  of 
section  fifteen,  then  the  name  of  some  relative  residing 
within  said  state.  Either  the  judge  of  said  court  or  the  clerk 
thereof  may  set  the  time  for  the  hearing  of  said  petition. 

No  filing  fee. 

Sec.  3a.  There  shall  be  no  fee  for  filing  such  petition 
mentioned  in  the  foregoing  section.  Nor  shall  any  fees  be 
charged  by  any  officer  for  his  services  in  filing  or  serving 
papers,  nor  for  the  performance  of  any  duty  enjoined  upon 
him  by  this  act.  except  where  the  sheriff  transports  a  person 
to  a  state  institution. 

Probation  officer  notified. 

See.  3b.  It  shall  be  the  duty  of  the  clerk  of  any  court 
before  which  any  person  alleged  to  come  within  the  provi- 
sions of  sections  one  or  fifteen  of  this  act  is  brought,  to 
notify  the  probation  officer  of  the  county  thereof  immedi- 
ately upon  the  filing  of  the  petition. 


i  l2  APPENDIX. 

Citation  to  appear. 

Sec.  4.  Upon  the  filinj^  of  tho  petition  provided  for  in 
seetion  tliree  hereof,  a  citation  sliall  issue,  rec|uirinj?  the  per- 
son or  persons  having  the  custody  or  control  of  the  person 
alleged  to  come  within  the  provisions  of  any  of  subdivisions 
one  to  tliirteen  iiu'lusive  of  seetion  one  of  this  act,  to  appear 
with  said  person  so  aliened  at  the  time  and  place  stated  in 
the  citation.  Service  of  said  citation  must  be  made  at  least 
twenty-four  hours  before  the  time  stated  tlierein  for  such 
appearance.  The  parent  or  guardian  of  said  person  so  al- 
leged, if  residing  within  the  county  in  which  the  court  sits, 
and  if  their  places  of  residence  be  known  to  the  petitioner, 
or  if  there  be  neither  parents  nor  guardian  so  residing,  or  if 
their  places  of  residence  be  not  known  to  the  petitioner,  then 
some  relative  of  said  person  so  alleged,  if  any  there  be  resid- 
ing within  said  county,  and  if  his  residence  and  relationship 
to  said  person  so  alleged  be  known  to  the  petitioner,  shall 
be  notified  of  the  proceeding  by  service  of  citation  requir- 
ing him  or  them  to  appear  at  the  time  and  place  stated  in 
said  citation.  Service  of  citation  may  be  waived  by  any  per- 
son by  a  voluntary  appearance  entered  in  the  minutes  of  the 
court  or  by  a  written  waiver  of  service  of  citation  filed  with 
the  clerk  of  the  court  at  or  prior  to  the  hearing.  In  any 
case,  the  judge  presiding  in  the  juvenile  court  may  appoint 
some  suitable  person  to  act  in  behalf  of  said  person  so  al- 
leged, and  may  order  such  further  notice  of  the  proceedings 
to  be  given  as  he  may  deem  proper. 

Failure  to  appear. 

See.  4a.  If  any  person  cited,  as  herein  provided,  shall 
fail,  without  reasonable  excuse,  to  appear  and  abide  by  the 
order  of  the  court  or  to  bring  said  person  so  alleged,  if  so 
required  in  the  citation,  such  failure  shall  constitute  a  con- 
tempt of  said  court,  and  may  be  punished  as  provided  for  in 
other  cases  of  contempt  of  court. 

When  citation  cannot  be  served. 

Sec.  4b.  In  case  such  citation  cannot  be  served,  or  the 
party  served  fails  to  obey  the  same,  or  in  any  case  in  Avhich 
it  shall  be  made  to  appear  to  the  court  that  said  citation 
will  probably  be  ineffective,  a  warrant  of  arrest  shall  issue 
on  the  order  of  the  court,  either  against  the  parent  or  guard- 
ian, or  the  person  having  the  custody  of  said  person  so  al- 
leged, or  with  whom  the  said  person  so  alleged  may  be,  or 
against  the  said  person  so  alleged  himself,  or  any  or  all  said 
persons ;  or  if  there  be  no  person  to  be  served  with  citation, 
as  above  provided,  a  warrant  of  arrest  may  be  issued  imme- 
diately against  the  said  person  so  alleged.     On  the  return 


JUVENILE  COURT.  778 

of  the  citation  or  other  process,  or  as  soon  thereafter  as 
possible,  the  court  shall  proceed  to  hear  and  dispose  of  the 
case  in  a  summary  manner.  Until  the  final  disposition  of 
any  ease,  said  person  so  alleged  may  be  retained  by  the  per- 
son having  charge  of  said  person,  or  may  be  kept,  upon  the 
order  of  the  court,  in  some  suitable  place,  provided  by  the 
county,  or  city  and  county,  or  may  be  held  otherwise,  as  the 
court  may  direct. 

Prosecution  under  general  law. 

Sec.  4c.  If  upon  the  hearing,  or  at  any  time  thereafter, 
said  court  shall  determine  that  any  person  alleged  to  come 
within  the  provisions  of  subdivision  thirteen  of  section  one 
of  this  act,  is  not  a  fit  and  proper  subject  to  be  dealt  with 
under  the  provisions  of  this  act,  said  court  may  dismiss  the 
petition  therein,  and  direct  that  said  person  be  prosecuted 
under  the  general  law. 

Persons  under  eighteen. 

Sec.  4d.  No  person  under  the  age  of  eighteen  years  at  the 
time  of  the  commission  of  an  alleged  offense  or  crime  shall 
be  i^rosecuted  for  crime  until  the  matter  has  first  been  sub- 
mitted to  the  juvenile  court  by  petition  as  hereinbefore  pro- 
A'ided,  or  by  certificate  of  the  lower  court  as  hereinafter 
provided. 

Order  is  not  conviction. 

Sec.  5.  In  no  case  shall  an  order  adjudging  a  person  to 
be  a  ward  of  the  juvenile  court  be  deemed  to  be  a  conviction 
of  crime. 

Persons  under  eighteen  not  to  be  tried  before  justice,  etc. 
In  case  of  persons  under  twenty-one,  statute  of  limita- 
tions suspended. 

Sec.  6.  Whenever  a  deposition  or  complaint  shall  be  filed 
in  any  court  other  than  a  superior  court,  charging  a  person 
with  a  crime  and  it  shall  be  suggested  or  shallappear  to  the 
judge,  justice  or  recorder  before  Avhom  such  person  is 
brought  that  the  person  charged  Avas  at  the  date  the  offense 
is  alleged  to  have  been  committed  under  the  age  of  eighteen 
years,  said  judge,  justice  or  recorder,  shall  immediately  sus- 
pend all  proceedings  against  such  person  on  said  charge  and 
examine  into  the  age  of  such  person,  and  if,  from  such  ex- 
amination, it  shall  appear  to  the  satisfaction  of  said  judge, 
justice  or  recorder,  that  such  person  was  at  the  date  the 
offense  is  alleged  to  have  been  committed  under  the  age  of 
eighteen  years,  he  shall  forthwith  certify  to  the  juvenile 
court  of  his  county  (a)  that  said  person  (naming  him)  is 
charged  with  such  crime  (briefly  stating  its  nature)  ;  (b)  that 
said  person  appears  to  be  iinder  the  age  of  eighteen  years, 


774  Al'l'ENUIX. 

giving'  (late  oT  hiith  when  Iviiov.n,  and  (c)  tliut  ])rocoedings 
have  l)eeii  suspended  against  such  person  on  such  charge  by- 
reason  of  his  age,  with  the  date  of  such  suspension;  and 
immediately  thereupon  all  pi'ocecdings  against  the  said  per- 
son on  said  charge  shall  be  suspended  until  said  juvenile 
court  shall  issue  its  mandate,  as  hereinafter  provided,  direct- 
ing the  court  l)efore  '\\hich  said  charge  Avas  made  to  proceed 
A\itli  the  examination  into  or  trial  thereof,  and  the  court  so 
suspending  its  proceedings  shall  forthwith  cause  such  person 
to  be  taken  before  the  juvenile  court  of  the  county  for  con- 
sideration and  proceedings  under  this  act.  To  such  certifi- 
cation said  judge,  justice  or  recorder,  or  the  clerk  of  said 
court  shall  attach  a  certified  copy  of  said  original  deposition 
or  complaint,  and  when  such  person  shall  be  brought  before 
the  judge  of  the  juvenile  court,  said  judge  shall  direct  the 
probation  officer  to  file  a  petition  as  provided  in  section 
three  of  this  act,  except  that  said  petition  need  not  be  veri- 
fied ;  and  said  probation  officer  shall  forthwith  comply  Avith 
such  directions.  Pending  such  hearing  said  judge  may 
admit  said  person  to  bail  or  otherwise  provide  for  his  tem- 
porary custody  in  any  manner  provided  herein  for  the  care 
of  a  ward  of  the  juvenile  court.  The  proceedings  thereafter 
shall  be  the  same  as  in  the  case  of  a  verified  petition;  pro- 
vided, hoAvever,  that  if  said  judge  of  the  juvenile  court  shall 
after  such  investigation  decide  that  the  person  was  at  the 
time  said  offense  was  alleged  to  haA^e  been  committed  of  the 
age  of  eighteen  years  or  more,  such  determination  shall  be 
conclusive  and  he  shall  immediately  issue  his  mandate 
directing  the  court  before  AA'hich  such  charge  is  pending  to 
proceed  thercAvith,  and  upon  receipt  of  such  mandate  said 
court  shall  proceed  Avith  the  examination  or  trial  of  said 
charge  as  though  no  suspension  thereof  had  taken  place ; 
except  that  if  said  judge  of  the  juvenile  court  shall  find  that 
the  person  so  charged  is  under  the  age  of  tAventy-one  years, 
and  a  fit  subject  for  consideration  under  the  provisions  of 
this  act,  he  may  make  such  order  or  orders  hereunder  as  he 
may  deem  best  in  relation  to  such  person ;  but  if  such  judge 
shall  at  any  time  conclude  that  such  person  is  not  a  fit  sub- 
ject for  further  consideration  under  this  act,  he  may  sit  as  a 
committing  magistrate  and  hold  a  preliminary  examination 
if  such  person  is  charged  Avith  a  felony,  or  he  may  remand 
such  person  to  the  court  in  Avhich  said  person  is  charged 
Avith  said  offense  for  further  proceedings  oil  said  charge, 
and  upon  receipt  of  the  mandate  of  said  juvenile  court,  or 
the  judge  thereof,  the  court  before  Avhich  said  charge  is  then 
pending  shall  be  vested  Avith  full  authority  to  proceed  Avith 
the  examination  or  trial  thereof. 


JUVENILE  COURT.  '  775 

All  statutes  of  liiuitatious  relating  to  the  charge  so  pend- 
ing against  such  person  shall  be  suspended  as  to  said  person 
and  charge  from  the  issuance  by  said  judge,  justice  or  re- 
corder of  his  certificate  hereinbefore  provided  for  until  said 
juvenile  coui't,  or  judge  thereof,  shall  issue  its  mandate  re- 
manding such  pei'son  for  further  proceedings  as  aforesaid; 
and  all  statutes  of  limitation  relating  to  any  charge,  made 
in  any  court,  against  any  person  under  the  age  of  twenty- 
one  years,  shall  be  suspended  as  to  such  charge  and  person 
whenever,  and  as  long  as,  such  person  is  before  the  juvenile 
court  for  consideration  under  the  provisions  of  this  act,  or 
is  detained  by  virtue  of  any  commitment  issued  hereunder 
and  unrevoked;  but  if  said  person  shall  be  discharged  by 
the  juvenile  court  as  reformed,  such  order  of  discharge  shall 
constitute  a  bar  to  any  further  proceedings  in  any  court 
against  said  person  upon  said  charge. 

Persons  under  twenty-one  charged  with  felony.     May  be 
admitted  to  state  schools.    If  person  proves  incorrigible. 

Sec.  7.  Whenever  any  person  over  the  age  of  eighteen 
years  ■  and  under  the  age  of  twenty-one  years  is  accused  of 
a  felony  or  misdemeanor  by  indictment  or  information  there- 
for in  the  superior  court  of  the  county  Avherein  the  crime 
Avas  committed,  the  judge  may  in  his  discretion,  with  the 
consent  of  the  accused,  or  upon  his  request,  arrest  said  pro- 
ceeding at  the  time  of  arraignment  or  at  any  time  previous 
to  the  impanelment  of  a  jury,  except  where  the  crime 
charged  is  a  capital  offense,  or  any  attempt  to  commit  a 
capital  offense,  and  may  proceed  to  investigate  the  charge 
against  the  defendant,  and  all  the  facts  and  circumstances 
necessary  to  determine  the  proper  disposition  to  be  made 
of  said  person,  and  shall  determine  whether  such  person 
shall  be  dealt  with  as  a  ward  of  the  juvenile  court  under 
the  provisions  of  this  act.  If  the  court  is  satisfied  upon  such 
investigation  that  said  person  should  be  declared  a  ward  of 
the  juvenile  court  and  should  be  dealt  with  under  this  act, 
it  may  make  such  order  or  orders  as  herein  provided  for 
the  disposition  of  such  wards.  If  such  person  thereafter 
proves  not  to  be  amenable  to  the  discipline  of  the  state 
school  to  Avhich  he  may  be  committed,  and  the  trustees 
thereof  shall  determine  that  said  person  should  be  committed 
to  a  state  penitentiary,  such  person  shall  be  returned  to  the 
committing  court,  and  thereafter  proceedings  shall  be  had 
upon  the  indictment  or  information  commencing  at  the  point 
at  which  proceedings  were  arrested  ;  and  said  person  shall  be 
tried  for  the  offense  alleged  in  the  information,  and  if  con- 
victed shall  be  sent  to  the  penitentiary  for  such  time  as  the 
court  may  determine  or  otherwise  dealt  with  in  accordance 


77G  APPENDIX. 

with  the  law  for  dealing-  witli  jxTsoiis  coiivieted  of:  a  felony, 
if  no  roqiicst  is  made  by  the  defendant  for  proceedings 
under  this  statute,  or  if  the  defendant  desires  ti-ial  by  jury, 
or  if  the  judoe  deelines  to  consent  to  the  application  of  the 
defendant  for  proceedings  under  this  statute,  said  cause 
shall  ]>rocecd  in  the  ordinary  manner  up  to  the  verdict  of 
guilty  or  not  guilty,  as  the  case  may  be.  .       ' 

If  said  person  is  convicted,  the  court  nmy  thereafter  re- 
ceive such  evidence  as  may  be  offered,  touching  the  (piestion 
as  to  whether  or  not  said  person  should  be  dealt  with  as  a 
ward  of  the  juvenile  court  in  the  manner  hereinbefore  pro- 
vided in  the  case  of  the  application  and  consent  of  the 
accused  before  trial,  and  may  make  such  order  of  probation 
or  commitment  to  said  state  schools,  and  may  from  time  to 
time  modify  said  probation  orders,  as  is  herein  provided  in 
the  case  of  persons  adjudged  wards  of  the  juvenile  court. 
If  such  person  during  the  period  of  his  commitment  to  said 
state  institution,  proves  to  be  incorrigible  or  not  amenable 
to  the  discipline  of  such  institution,  and  it  shall  be  deemed 
advisable  in  the  judgment  of  the  trustees  of  such  institution 
that  said  person  be  sent  to  a  state  prison,  then  said  person 
shall  be  returned  to  the  superior  court  in  which  the  verdict 
was  rendered,  for  sentence,  and  thereupon  the  court  shall 
pronounce  judgment. 

Period,  of  commitment  and  place.  Court  may  admonish  and 
dismiss.  Wards  under  eight  or  having'  contagious 
disease. 

Sec.  8.  "When  any  person  alleged  to  come  Avithin  the  pro- 
visions of  any  of  subdivisions  one  to  thirteen  inclusive  of 
section  one  of  this  act  shall  be  adjudged  by  said  court  or 
judge  to  come  Avithin  the  terms  of  any  of  said  subdivisions, 
and  adjudged  to  be  a  ward  of  the  juvenile  court,  the  court 
may  make  an  order  committing  said  person  for  such  time  as 
the.  court  may  deem  fit,  but  not  beyond  the  time  Avhen  such 
ward  of  the  juvenile  court  shall  reach  the  age  of  tw^enty-one 
years,  either  (a)  to  the  home  and  care  of  some  reputable 
person  of  good  moral  character,  or  (b)  to  the  care  of  some 
association,  society  or  corporation  embracing  within  its 
objects  the  purpose  of  caring  for  or  obtaining  homes  for 
such  persons,  willing  and  able  to  receive  and  care  for  said 
ward,  or  (c)  to  the  care  of  the  probation  officer,  to  be 
boarded  out  or  placed  in  some  suitable  family  home,  in  case 
provision  is  made  by  voluntary  contribution,  or  otherwise, 
for  the  payment  of  the  board  of  said  Avard  until  suitable 
provision  may  be  made  for  said  ward  in  a  home  without 
such  payment,  said  Avard  to  be  subject  to  the  supervision 
of  the  probation  officer  and  the  further  order  of  the  court; 


JUVENILE  COURT.  777 

or  (d)  on  probation  to  the  care  of  the  probation  officer,  said 
ward  to  remain  in  the  home  of  said  ward,  or  in  any  other 
fit  home  in  which  the  conrt  may  order  the  probation  officer 
to  place  said  ward,  subject  to  the  visitation  of  the  proba- 
tion officer,  said  ward  to  report  to  the  probation  officer  as 
often  as  may  be  required,  and  to  be  subject  to  be  returned 
to  the  court  for  further  proceedings  whenever  such  action 
may  appear  necessary  or  desirable;  or  (e)  the  court  may,  if 
said  ward  of  the  juvenile  court  be  .a  boy,  commit  him  to  the 
Preston  School  of  Industry,  or  to  the  Whittier  State  School, 
during  his  minority;  provided,  that  no  boy  under  the  age 
of  sixteen  years  shall  be  committed  to  the  Preston  School 
of  Industry,  nor  any  boy  over  the  age  of  sixteen  years  to 
the  Whittier  State  School,  or  if  a  girl,  commit  her  to  the 
California  School  for  Girls,  until  twenty-one  years  of  age ; 
or  may  commit  such  person  to  any  other  state  or  county 
institution  that  is  now  established  or  may  hereafter  be  estab- 
lished for  the  purpose  of  caring  for  and  training  persons 
that  come  within  the  provision  of  this  act ;  provided,  how- 
ever, that  before  conveying  any  such  person  to  any  such 
institution  it  shall  be  ascertained  from  the  superintendent 
thereof  whether  such  person  can  be  received;  provided,  how- 
ever, that  such  commitment  under  this  act  to  either  the 
Preston  School  of  Industry  or  the  Whittier  State  School 
shall  permit  the  transfer  of  any  such  boy  from  one  institu- 
tion to  the  other  upon  the  agreement  thereto  by  the  super- 
intendents of  such  institutions. 

When  any  person  alleged  to  come  within  the  provisions  of 
any  of  subdivisions  one  to  thirteen  inclusive  of  section  one 
of  this  act  shall  be  found  by  said  court  to  come  within  said 
provisions,  said  court  may  at  its  discretion  admonish  said 
person  and  dismiss  said  petition. 

No  ward  w^ho  is  under  the  age  of  eight  years  and  no  ward 
who  is  suffering  from  any  contagious,  infectious,  or  other 
disease  which  Avould  probably  endanger  the  lives  or  health 
of  the  other  inmates  of  said  state  schools  shall  be  committed 
thereto.  No  person  under  the  age  of  fourteen  years  at  the 
time  of  the  commission  of  any  offense  wdth  which  he  may  be 
charged  shall  ever  be  sent  to  a  state  prison  unless  he  has 
first  been  committed  to  the  Whittier  State  School,  or  the 
Preston  School  of  Industry,  and  has  there  proved  to  be  in- 
corrigible or  not  amenable  to  the  discipline  of  said  school. 
No  ward  shall  be  committed  to  said  state  schools  unless  the 
judge  of  said  court  shall  be  fully  satisfied  that  the  mental 
and  physical  condition  and  qualifications  of  said  w^ard  are 
such  as  to  render  it  probable  that  such  ward  will  be  bene- 


7(8  ai'1'i:ni)IX.  ^ 

filed     I'v     !lic    n'riii'iii.-itory    cdiicMl  ioiuil     fliscipliiic    of    siicli 
schools. 

Ae('om[)aiiyiii.i;  llic  coiiiiniliiK'nl  p;i|»(i's,  llic  coiii't  iiiiisl, 
scud  to  tlie  supci'iiitciidciit  of  llic  stnic  institution  to  Avliich 
said  person  is  coiuiiiittcd  a  suiniiiary  of  all  llic  i'acts  in  the 
possession  ol'  the  court,  covering  the  histoi-y  oi"  the  ward 
conniiitted,  includini''  a  slatciiient  of  tlic  menial  and  j)hysieal 
condition  ol'  said  ward. 

Order  may  be  modified.     Parole  system  not  affected. 

Sec.  9.  Any  oi-der  made  ])y  the  court  m  case  of  any  per- 
son sul)ject  to  the  jui-isdictioii  of  the  court  under  the  provi- 
sions of  any  of  subdivisions  one  to  thirteen  inclusive  of  sec- 
iion  one  of  this  act  may  at  any  time  be  changed,  modified  or 
set  aside  as  to  the  judge  may  seem  meet  and  proper ;  pro- 
vided, however,  that  nothing  in  this  act  contained  shall  be 
deemed  to  interfere  with  the  system  of  parole  and  discharge 
that  is  now  or  may  hereafter  be  provided  hy  law,  or  by  rule 
of  the  board  of  trustees  of  the  Whittier  State  School,  the 
Preston  School  of  Industry  or  the  California  School  for 
Girls,  or  any  similar  state  institution  or  institutions, 
respectively,  for  the  parole  and  discharge  of  wards  of  the 
juvenile  court  committed  to  the  said  schools  or  to  any  similar 
state  institutions  hereafter  created,  or  with  the  management 
of  the  said  schools,  save  that  the  court  committing  a  ward 
to  any  of  said  schools  may  thereafter  change,  modify  or  set 
aside  said  order  of  commitment  upon  ten  days'  notice  of  the 
hearing  of  the  application  therefor  being  served  by  United 
States  mail  upon  the  superintendent  of  the  said  school  to 
which  said  person  has  previously  been  committed,  and  pro- 
viding that  the  court  shall  not  then  change,  modify  or  set 
aside  said  order  without  due  consideration  of  the  effect 
thereof  upon  the  discipline  and  parole  system  of  said  school 
or  institution. 

Notice  to  probation  officer. 

Sec.  9a.  No  order  of  court  or  modification  thereof  shall 
be  made  in  any  juvenile  court  proceedings  concerning  any 
ward  of  the  juvenile  court  either  in  chambers,  or  otherwise, 
without  notice  of  the  application  therefor  having  first  been 
given  by  the  judge  or  the  clerk  of  said  court  to  the  probation 
officer. 

Taking  ward  from  parent. 

Sec.  9b.  No  ward  of  the  juvenile  court  as  defined  in  this 
act  shall  be  taken  from  the  custody  of  his  parent  or  legal 
guardian,  without  the  consent  of  such  parent  or  guardian 
unless  the  court  shall  find  such  parent  or  guardian  to  be  in- 
capable of  providing  or  to  have  failed  or  neglected  to  provide 


JUVENILE  COURT.  779 

proper  maintenance,  training  and  education  for  said  person; 
or  unless  said  person  has  been  tried  on  probation  in  said 
custody  and  has  failed  to  reform,  or  unless  said  person  has 
been  convicted  of  crime  by  a  jury,  or  unless  the  court  shall 
find  that  the  welfare  of  said  person  requires  that  his  custody 
be  taken  from  said  parent  or  guardian. 

Incorrigible  person  returned  to  court.     Judge  to  sit  as  com- 
mitting' magistrate. 

See.  10.  Should  it  develop,  either  at  the  time  of  their  pres- 
entation, or  after  having  become  an  inmate  thereof,  that 
any  person,  Avho  has  been  committed  to  either  of  such  insti- 
tutions is  an  improper  person  to  be  there  retained  or  so 
incorrigible  or  so  incapable  of  reformation  under  the  disci- 
pline of  the  school  to  Avhich  such  person  may  be  committed 
as  to  render  his  or  her  retention  detrimental  to  the  interests 
of  the  school,  the  superintendent  may,  with  the  approval 
of  the  board  of  trustees  of  such  institution,  return  such  per- 
son  to  the  committing  court.  And  in  the  event  of  such  re- 
turn, the  transportation  of  such  person  shall  be  made  in 
the  same  manner,  and  the  compensation  therefor,  if  any, 
shall  be  paid  as  is  provided  for  in  the  execution  of  an  order 
of  commitment  to  such  institution. 

When  any  ward  of  the  juvenile  court  under  subdivision 
thirteen  of  section  one  of  this  act  shall  have  been  accused  of 
a  felony  and  no  indictment  or  information  shall  have  been 
filed,  and  said  ward  shall  have  been  committed  to  either  of 
said  schools  and  shall  there  prove  to  be  incorrigible  or  not 
amenable  to  the  discipline  of  the  said  school,  and  shall  be 
returned  to  the  custody  of  the  juvenile  court,  w^hich  in  such 
case  the  trustees  of  said  school  are  hereby  authorized  to  do, 
it  shall  be  the  duty  of  the  judge  of  said  court  to  sit  as  a 
committing  magistrate  and  hold  the  preliminary  examina- 
tioi}  of  such  person,  and  if  upon  said  hearing  he  shall  deter- 
mine that  there  is  probable  cause  to  believe  that  the  said 
person  has  committed  the  offense  charged  in  the  petition 
theretofore  filed  in  said  court,  he  shall  hold  such  person 
to  answer  to  the  superior  court,  and  thereupon  the  usual 
proceedings  shall  be  had  for  the  trial  of  said  case  in  the 
superior  court  after  the  filing  of  the  information  in  pursu- 
ance to  said  order  of  said  judge  sitting  as  a  committing 
magistrate,  and  said  person  shall  be  tried  by  court  and  jury 
in  the  usual  manner  for  the  trial  of  a  felony. 

Support  of  ward.     Paid  to  probation  officer.     Extent  of  par- 
ents' control.     Duty  of  probation  officer. 

Sec.  11.  Any  order  providing  for  the  care  and  custody  of 
a  ward  of  the  juvenile  couit  may  provide  that  the  expense  of 


780  APPENDIX. 

su|)i)()i't  ;nul  iiiainti'iiiiiice  of  said  ward  sliall  Ijc  paid  by  the 
])arent,  parents,  "uardian  of  said  \\ai'd  or  otliei'  person  liable 
therefor,  after  citation  thereto,  or  from  the  earnings,  i)rop- 
erty  or  estate  of  said  ward,  and  in  such  case  shall  state  the 
amount  to  be  so  i:)aid.  Tf  it  is  found,  however,  that  the 
])aront,  parents.  «>uai'dian  of  said  ward,  or  other  person 
liable  therefor,  uvo  unable  to  pay  or  that  the  eai-nings,  prop- 
erty, or  estate,  of  said  ward  are  insufficient  to  pay  the  whole 
expense  of  suppoi-t  and  maintenance  of  said  ward,  the  court 
may  direct  such  additional  amount  as  may  be  necessary  for 
the  maintenance  and  support  of  said  ward  to  be  paid  from 
the  county  treasury  of  the  county  for  the  support  and  main- 
tenance of  said  ward,  the  amount  so  ordered  to  be  paid 
from  the  treasui'y  of  said  county  not  to  exceed,  in  the  case 
of  any  one  ward,  the  sum  of  eleven  dollars  in  any  one 
month.  No  order  for  payment  shall  be  made  in  a  sum  in 
excess  of  the  actual  cost  of  supporting  and  maintaining  said 
ward.  No  order  for  the  payment  of  all  or  part  of  the  ex- 
pense of  support  and  maintenance  of  a  ward  of  the  juvenile 
court  from  the  county  treasury  shall  be  effective  for  more 
than  six  months,  and  upon  said  original  and  all  subsequent 
hearings  the  case  shall  be  continued  on  the  calendar,  but  in 
no  instance  to  exceed  six  months. 

The  judge  of  the  juvenile  court  may  provide  that  the 
amount,  or  any  part  of  the  amount,  so  paid  by  parents,  par- 
ent, guardian  or  other  person  liable  therefor,  or  from  the 
earnings,  property  or  estate  of  said  ward,  shall  be  paid  to 
the  probation  officer,  to  be  by  him  paid  as  the  court  shall 
direct,  first,  to  reimburse  the  person,  association  or  institu- 
tion that  under  court  order  is  caring  for  and  maintaining 
said  ward  and  after  such  reimbursement  to  reimburse  the 
county.  For  such  purpose  said  probation  officer  shall  keep 
suital)le  books  and  accounts.and  shall  give  and  keep  suitable 
receipts  and  vouchers,  and  if  such  funds  shall  be  by  said 
probation  officer  kept  in  a  bank,  said  bank  shall  be  desig- 
nated by  the  judge  of  said  court.  The  auditor  of  said 
county  annually  in  the  month  of  January  shall  audit  such 
books  and  accounts  and  shall  make  a  report  thereon  to  the 
judge  of  said  court  and  to  the  supervisors  of  such  county 
prior  to  the  thirty-first  day  of  said  month  of  January. 

In  all  cases  the  court  may  determine  Avhether  or  not  the 
parent,  parents  or  guardian  shall  exercise  any  control  of 
said  ward  and  shall  define  the  extent  thereof.  Any  disobe- 
dience or  interference  with  the  custody  and  control  of  said 
ward  shall  constitute  a  contempt  of  court. 

It  shall  be  the  duty  of  the  probation  officer  to  see  that  such 
parent,  guardian,  or  other  person  liable  therefor,  comply 


JUVENILE  COURT.  781 

with  such  orders,  or  upon  three  months'  failure  to  make  such 
payment  to  report  such  failure  to  said  court.  The  court 
may  thereafter  set  aside,  change  or  modify  any  order  herein 
provided  for. 

Jurisdiction  retained  until  ward  is  twenty-one. 

Sec.  12.  The  court  shall  retain  the  jurisdiction  of  any 
person  who  is  found  to  be  a  ward  of  the  juvenile  court  until 
such  ward  attains  his  majority,,  or  if  a  girl,  until  she  attains 
the  age  of  tAventy-one  years,  unless  she  is  married  with  the 
consent  of  the  court  entered  upon  the  minutes  of  the  court, 
or  until  said  court  is  satisfied  that  said  Avard  has  fully  re- 
formed or  that  further  direction  and  supervision  under  the 
provis^ns  of  this  act  are  unnecessary  or  inadvisable  for  said 
ward's  reformation. 

Transfer  of  cases.     Order  of  transfer. 

Sec.  13.  AVhenever  a  petition  has  been  filed  in  the  juve- 
nile court  of  a  county  other  than  that  of  the  residence  of  said 
ward,  the  entire  case  may  be  transferred  at  any  time  to  the 
juvenile  court  of  the  county  Avherein  said  person  resides  and 
thereafter  the  juvenile  court  in  the  latter  county  shall  have 
jurisdiction  of  the  ease.  The  expense  of  the  transfer  of  said 
person  shall  be  borne  by  the  parent,  parents,  or  guardian 
of  the  person  so  transferred  or  shall  be  paid  out  of  the  earn- 
ings, property  or  estate  of  said  person,  or  if  the  parent, 
parents,  or  guardian  are  unable  to  pay  the  same  or  if  the 
earnings,  property  or  estate  of  said  person  is  insufficient  to 
pay  the  same  the  court  shall  order  the  same  to  be  paid 
from  the  county  treasury  of  the  county  ordering  the  trans- 
fer. AVhenever  a  case  shall  be  transferred  thereunder,  the 
order  of  transfer  shall  recite  (a)  each  and  all  the  findings, 
orders  or  modification  of  orders  that  may  have  been  made 
in  said  case,  and  (b)  that  said  person  resides  in  or  has  re- 
moved to  the  cpunty  to  which  said  matter  has  been  trans- 
ferred and  (c)  to  said  order  of  transfer  shall  be  attached  a 
certified  copy  of  the  original  ])etition  in  said  matter.  Such 
transfer  shall  be  accompanied  b.y  a  summary  of  all  the  facts  in 
the  possession  of  the  court  or  probation  officer  covering  the 
history  of  said  person. 

Detention  pending  hearing-.     No  commitment  to  jail. 

Sec.  14.  In  the  case  of  a  person  alleged  to  come  within  the 
provisions  of  section  one  of  this  act,  the  juvenile  court,  pend- 
ing the  hearing,  at  any  time  before  the  person  is  adjudged  a 
ward  or  otherwise  disposed  of,  may  order  that  said  person 
be  detained  in  any  detention  home  provided  for  that  purpose 
by  any  county,  or  said  person  may  otherwise  be  temporarily 


782  Al'I'ENDIX. 

providcMl  Tor  as  to  llie  (Mnift  may  seem  fit.  in  any  niaiiner  pro- 
vided herein  for  tiie  eare  of  a  ward  of  the  juvenile  court;  pro- 
vided, i'urtiier,  that  should  the  legislative  body  of  the  county 
provide  a  suitable  place  for  the  detention  of  wards  of  the  juve- 
nile court,  sucli  wards  may  be  committed  thereto  for  a  definite 
period  to  be  specified  in  such  order,  at  the  end  of  which  time 
such  wards  shall  be  brought  1)efore  the  court  for  further  order 
of  court.  The  court  may  thereafter  set  aside,  change  or  mod- 
ify said  order  and  provide  for  a  further  detention  in  said 
place.  No  court,  judge,  magistrate  or  peace  officer  shall  com- 
mit a  person  under  sixteen  years  of  age  to  any  jail  or  prison, 
before  trial  and  conviction,  or  detain  such  person  therein,  but 
if  any  such  person  is  not  released  pending  such  hearing,  he 
may  be  connnitted  to  the  care  and  custody  of  a  sheriff',  con- 
stable or  other  peace  office,  who  shall  keep  such  person  in  a  de- 
tention home  or  some  other  suitable  place  outside  of  the  inclos- 
ure  of  any  jail  or  prison,  as  the  court  may  direct.  When  any 
person  under  i^ixteen  years  of  age  shall  be  sentenced  to  con- 
finement in  any  institution  to  which  adult  convicts  or  prisoners 
are  sentenced  or  confined,  it  shall  be  unlawful  to  confine  such 
person  in  the  same  room,  yard  or  inclosure  with  such  adult 
convicts  or  prisoners,  or  to  permit  such  person  to  come  or 
remain  in  contact  with   such  adult  convicts  or  prisoners. 

Persons  free  from  parents'  control. 

Sec.  15.  AYithin  the  meaning  of  this  act  the  words  "per- 
sons who  shall  be  declared  free  from  the  custody  and  control 
of  his  parents"  shall  include  any  person: 

1.  Who  has  been  left  in  the  care  and  custody  of  another  by 
his  parent  or  parents  without  any  provision  for  his  support, 
or  w'ithout  communication  from  such  parent  or  parents,  for 
the  period  of  one  year  with  the  intent  to  abandon  said  person ; 
such  failure  to  provide,  or  such  failure  to  communicate  for  the 
period  of  one  year  shall  be  presumptive  evidence  of  the  intent 
to  abandon ;  such  person  shall  be  deemed  and  called  an  aban- 
doned person ;  or 

2.  Who  has  been  cruelly  treated  or  neglected  by  his  parent 
or  parents;  provided,  that  in  either  instance,  said  person  shall 
have  been  a  ward  of  the  juvenile  court  and  the  parents  de- 
prived of  his  custody  because  of  such  cruel  treatment  or 
neglect  for  the  period  of  one  year  continuously  immediately 
prior  to  the  filing  of  a  petitiou  praying  that  he  be  declared 
free  from  the  custody  and  control  of  his  parents;  or 

3.  Whose  parent  or  parents  are  habitually  intemperate; 
provided,  that  said  person  shall  have  been  a  ward  of  the 
juvenile  court  and  the  parents  deprived  of  his  custody  because 
of  such  intemperance  for  the  period  of  one  year,  continuously 


JUVENILE  COURT.  7S3 

iiiuiiediatoly  i)rior  to  the  filing  of  a  petition  praying  that  he  be 
declared  free  from  the  eustody  and  control  of  his  parents. 

Citation  to  issue  upon  filing  of  petition. 

Sec.  15a.  Upon  the  filing  of  a  petition,  as  provided  in 
section  three  of  this  act,  alleging  that  there  is  within  the 
county  or  residing  therein  a  person  who  should  be  declared 
free  from  the  custod.y  and  control  of  Ms  parents,  as  defined  in 
this  act,  and  praying  that  the  superior  court  deal  with  said 
person  as  provided  in  this  act,  a  citation  shall  issue,  requiring 
the  person  or  persons  having  the  custody  or  control  of  said 
person  or  the  person  or  persons  with  whom  said  person  may 
be,  to  appear  with  said  person  at  a  time  and  place  stated  in 
the  citation.  Service  of  such  citation  must  be  made  at  least 
ten  days  before  the  time  stated  therein  for  such  appearance. 
The  parent  or  parents  of  said  person,  if  residing  within  the 
state  of  California,  and  if  their  place  of  residence  be  known 
to  the  petitioner,  or,  if  there  be  no  parent  so  residing,  or  if 
the  place  of  residence  of  such  parent  or  parents  be  not  known 
to  the  petitioner,  then  some  relative  of  said  person,  if  any 
there  be  residing  Avithin  the  state,  and  if  his  residence  and  re- 
lationship to  said  person  be  knoMai  to  the  petitioner,  shall  be 
notified  of  the  proceedings  by  service  of  citation  requiring  him 
or  them  to  appear  at  the  time  and  place  stated  in  such  cita- 
tion. Service  of  such  citations  must  be  made  at  least  ten  daA's 
before  the  time  stated  therein  for  such  appearance. 

When  parents  reside  outside  of  state. 

Sec.  15b.  If  the  parent  or  parents  of  said  person  reside 
outside  of  the  state  of  California,  or  if  their  places  of  resi- 
dence be  not  known  to  the  petitioner,  the  petitioner  or  his 
agent,  or  attorney,  shall  make  and  file  an  affidavit  wherein 
there  shall  be  stated  the  names  of  the  parent  or  parents  who 
reside  outside  of  the  state  and  their  places  of  residence,  if 
known  to  the  petitioner,  and  the  names  of  the  parent  or 
parents  residing  in  or  out  of  the  state  whose  places  of  resi- 
dence are  unknown  to  the  petitioner  and  thereupon  the  judge 
'  of  the  juvenile  court  shall  make  an  order  directing  a  citation 
requiring  him  or  them  to  appear  at  the  time  and  place  stated 
in  such  citation,  to  be  served  upon  the  parent  or  parents  re- 
siding out  of  the  state  whose  places  of  residence  are  known 
to  the  petitioner  and  upon  the  parent  or  parents  residing  in 
or  out  of  the  state  whose  places  of  residence  are  unknown  to 
the  petitioner  by  publication  in  some  newspaper  of  general 
circulation  printed  and  published  in  the  county  in  which  the 
court  sits,  and  if  there  be  no  such  paper  in  such  county,  then 
in  some  adjoining  county  to  be  designated  by  the  judge  of  the 


784  Al'l'ENDIX. 

Juvenile    eoiiil,    w  liidi    |iiililic;il  ion    .sli;ill    he    once    a    week'    for 
lour  successive  weeks. 

Citation  mailed. 

Sec.  IHe.  AVilliin  ten  days  a  Tier  tlie  makinrr  of  said  order, 
a  copy  of  tlu^  eitation,  propei'ly  addressed  and  with  the  postag:e 
thei'eon  fully  i)repaid,  shall  be  mailed  to  the  parent  or  parents 
who  reside  outside  of  the  state  at  their  places  of  residence,  if 
knoA\n  to  the  petitioner. 

Service  of  citation. 

Sec.  15d.  When  publication  is  ordered,  personal  service  of 
a  copy  of  the  citation  out  of  the  state  shall  be  equivalent  to 
publication  and  deposit  in  the  postoffice.  In  either  case,  the 
service  of  the  citation  shall  be  complete  upon  the  completion  of 
the  publication  and  the  time  stated  for  the  appearance  of  the 
parent  or  parents  in  a  citation  so  served  shall  be  not  less  than 
thirty  days  after  the  completion  of  such  service. 

Failure  to  appear,  contempt. 

Sec.  15e.  In  any  case  the  judge  of  the  juvenile  court  may 
appoint  some  suitable  party  to  act  in  behalf  of  said  person 
and  may  order  such  further  notice  of  the  proceedings  to  be 
given  as  he  may  deem  proper.  If  any  party,  cited  as  herein 
provided,  shall  fail  without  reasonable  cause  to  appear  and 
abide  by  the  order  of  the  court,  or  to  bring  said  person  if  so 
required  in  the  citation,  such  failure  shall  constitute  a  con- 
tempt of  said  court.  In  case  such  citation  cannot  be  served, 
or  the  party  served  fails  without  reasonable  cause  to  obey  the 
same,  a  warrant  of  arrest  shall  issue  on  the  order  of  the 
court,  either  against  the  parent  or  the  custodian  of  said  person 
or  with  whom  the  said  person  may  be,  or  against  the  said 
person  himself,  or  any  or  all  said  persons;  or  if  there  be  no 
party  to  be  served  with  citation  as  above  provided,  a  warrant 
of  arrest  may  be  issued  immediately  against  the  said  person. 

Hearing'  of  case. 

Sec.  15f.  On  the  return  of  the  citation  or  other  process, 
or  as  soon  thereafter  as  may  be,  the  court  shall  proceed  to  hear 
and  dispose  of  the  case,  after  full  and  careful  consideration  of 
all  the  evidence  presented  and  with  due  regard  to  the  legiti- 
mate rights  and  claims  of  the  parent  or  parents  of  said  person, 
and  with  due  regard  to  any  and  all  ties  of  blood  or  affection, 
but  with  the  dominant  purpose  of  serving  the  best  interests  of 
said  person. 

Order  depriving  parent  of  control. 

Sec.  15g.  Whenever  the  procedure  laid  down  in  section 
three  and  sections  fifteen  a,  fifteen  b,  fifteen  c,  fifteen  d,  fif- 


V  JUVENILE  COURT.  78o 

teen  c,  or  fifteen  f  has  been  followed,  the  juvenile  court  shall 
be  empowered  to  make  a  final  M^ritten  order  signed  by  the 
jndg:e  presiding  in  said  court,  judieially  depriving  the  parents 
of  the  custody  and  control  of  a  person  who  shall  be  declared 
free  from  the  custody  and  control  of  his  parents ;  provided, 
that  nothing  in  this  section  shall  be  construed  to  impair  the 
right  of  the  court  to  make  orders  or  commitments  under  any 
other  section  of  this  act.  Any  final  order  made  and  entered 
by  the  court  under  the  provisions  of  this  sectJDn.  shall  be  con- 
clusive and  binding  ujion  the  person  declared  free  from  the 
custody  and  control  of  his  parents,  upon  such  parents,  and 
upon  all  other  persons  who  have  been  served  with  citation  by 
publication  or  otherwise  as  herein  provided.  After  making 
such  final  order,  the  court  shall  have  no  power  to  set  aside, 
change  or  modify  the  same;  provided,  that  nothing  in  this 
section  shall  be  construed  to  impair  the  right  of  appeal. 

Superior  court  known  as  "juvenile  court." 

Sec.  16.  The  superior  court  in  every  county  and  city  and 
county  in  this  state  shall  exercise  the  jurisdiction  conferred 
by  this  act,  and  while  sitting  in  the  exercise  of  its  said  juris- 
diction shall  be  known  and  referred  to  as  the  "juvenile  court." 
In  counties  or  cities  and  counties  having  more  than  one  judge 
of  the  superior  court,  the  judges  of  such  court  shall  annually, 
in  the  month  of  January,  designate  one  or  more  of  their  num- 
ber, whose  dut}'  it  shall  be  to  hear  all  cases  coming  under  this 
act;  provided,  that  nothing  in  this  section  contained  shall  be 
construed  in  conflict  with  article  six,  section  six,  of  the  con- 
stitution of  the  state  of  California.  The  orders  and  findings, 
if  any,  of  the  superior  court  in  all  cases  coming  under  the 
provisions  of  this  act,  shall  be  entered  in  a  suitable  book  or 
books  or  other  form  of  written  recoVd,  to  be  kept  for  that  pur- 
pose, and  known  as  the  "juvenile  court  record,"  and  the 
court,  when  acting  under  this  act,  shall  be  called  the  "juvenile 
court."  All  cases  coming  under  the  provisions  of  this  act 
shall  be  heard  at  a  special  or  separate  session  of  the  court,  and 
no  other  matter  shall  be  heard  at  such  session,  nor  shall  there 
be  permitted  to  be  present  at  such  session,  except  as  a  witness 
in  said  matter,  any  person  on  trial  or  awaiting  trial,  or  under 
accusation  of  crime,  who  does  not  come  under  the  provisions 
of  this  act. 

Private  hearing. 

Sec.  16a.  Any  person  alleged  or  adjudged  to  come  within 
any  of  subdivisions  one  to  thirteen  inclusive  of  section  one  of 
this  act  shall  be  entitled  to  have  any  proceeding  concerning 
such  person,  heard  privately,  and  upon  the  request  of  said 

Pen.  Code — .^^O 


7S()  APPENDIX, 

porsoii,  or  oitlicr  (;t"  his  parents,  or  muirdiaii,  .siicli  lieariug 
shall  !)('  liad  pi-ivalcly  in  the  manner  pi'ovidcd  l>y  law  for 
private  hcarini^s  a1  prcrniiinai-y  cxajuinations. 

Probation  committee. 

JSee.  17.  The  jud.uc  of  the  superior  couil  in  and  for  each 
county,  or  city  and  county,  of  the  state,  and  in  counties  where 
there  is  more  than  one  judge  of  said  court,  tlic  judge  of  the 
superior  court  in  said  county  who  has  been  designated  the 
judge  of  the  juvenile  court  shall,  by  order  entered  in  the 
minutes  of  the  court,  appoint  seven  citizens  of  good  moral 
character,  to  be  known  as  the  "probation  committee,"  and 
shall  fill  all  vacancies  occurring  in  such  committee.  The  clerk 
of  said  court  shall  immediately  notify  each  person  appointed 
on  said  committee,  and  thereupon  said  person  shall  appear 
before  the  judge  of  the  said  court  and  qualify  by  taking  an 
oath,  which  shall  be  entered  in  said  juvenile  court  record,  to 
perform  faithfully  the  duties  of  a  member  of  such  probation 
committee. 

Term  of  office.     Vacancy.     Removal.     Meetings. 

Sec.  17a.  The  memljers  of  such  probation  committee  shall 
hold  ofSce  for  four  j-ears,  and  until  their  successors  are  ap- 
I^ointed  and  qualif}^ ;  provided,  that  of  those  first  appointed, 
one  shall  hold  office  for  one  year,  two  for  two  years,  two  for 
three  years,  and  two  for  four  years,  the  terms  for  which  the 
respective  members  shall  hold  office  to  be  determined  hy  lot  as 
soon  after  their  appointment  as  may  be.  When  any  vacancy 
occurs  in  any  probation  committee  by  expiration  of  the  term  of 
office  of  any  member  thereof,  his  successor  shall  be  appointed 
to  hold  office  for  the  term  of  four  years ;  when  any  vacancy 
occurs  for  any  other  reasoii  the  appointee  shall  hold  office  for 
the  unexpii'ed  term  of  his  predecessor.  Any  member  of  the 
probation  committee  may  be  removed  for  cause  at  any  time 
by  an  affirmative  vote  of  four  members  of  said  committee  at  a 
meeting  called  for  the  special  purpose  of  considering  the  ques- 
tion of  said  removal  and  the  subsequent  written  approval  of 
the  judge  of  the  juvenile  court  filed  with  the  clerk  of  the 
juvenile  court,  said  Avritten  approval  to  be  filed  within  thirty 
days  after  the  written  report  of  said  committee  has  been 
received  by  said  judge.  Written  notice  as  to  said  special  meet- 
ing shall  be  served  on  each  of  the  members  of  said  committee 
at  least  ten  days  prior  to  the  day  set  therefor,  and  shall  specify 
the  purpose  thereof. 

Examination  of  societies.     Annual  report.     Supervision  of 
wards.     Control  of  detention  home. 

Sec.  17b.  The  juvenile  court,  or  the  judge  thereof,  may  at 
any  time  and  upon  request  of  the  county  board  of  supervisors 


JUVENILE  COURT.  787 

shall  I'ccjuii'c  said  probation  coininittce  oi-  the  prol^ation  officer 
to  examine  into  the  (lualiiications  and  management,  of  any 
society,  as-^ociation  or  corpoi'ation,  other  than  a  state  in- 
stitution, receiving,  or  applying  for,  any  ward  of  the  juvenile 
court  and  to  report  thereon  to  the  court ;  provided,  that  noth- 
ing in  this  section  shall  be  construed  as  giving  any  probation 
officer  or  probation  committee  any  power  to  enter  any  institu- 
tion without  the  consent  of  such  institution  but  in  the  event 
that  such  consent  is  refused,  commitments  thereto  shall  not  be 
made.  It  shall  be  the  duty  of  each  probation  committee  to 
prepare  each  year  one  or  more  reports  in  writing  on  the  qual- 
ifications and  management  of  all  societies,  associations,  cor- 
porations and  institutions,  except  state  institutions,  applying 
for  or  receiving  any  ward  of  the  juvenile  court  from  the  courts 
of  their  respective  counties,  and  in  such  report  said  committee 
may  make  such  suggestions  c  r  comments  as  to  them  may  seem 
fit;  such  report  shall  be  filed  for  the  information  of  said  court 
with  the  clerk  of  the  juvenile  court  appointing  such  com- 
mittee. The  probation  committee  shall  also  make  to  the  court 
an  annual  report  to  be  filed  as  a  public  document  prior  to  the 
first  day  of  December,  copies  of  which  shall  be  filed  with  the 
county  board  of  supervisors  and  the  state  board  of  charities 
and  corrections.  It  shall  be  the  duty  of  the  probation  com- 
mittee to  exercise  a  friendly  supervision  and  visitation  over 
the  wards  of  the  juvenile  court  when  so  directed  by  the  court, 
to  furnish  the  court  information  and  assistance  whenever  re- 
quired upon  the  request  of  the  court  and  from  time  to  time, 
to  advise  and  recommend  to  the  court  any  change  or  modifica- 
tion of  the  order  made  in  the  case  of  a  ward  of  the  juvenile 
court  as  ma}^  be  for  the  best  interests  of  such  person.  Upon 
request  of  the  judge  any  member  of  the  probation  committee 
shall  investigate  the  ease  of  an  alleged  ward  of  the  juvenile 
court  coming  under  the  provisions  of  this  act,  and  render  a 
report  thereon  to  the  juclge.  The  probation  committee  shall 
also  have  the  control  and  management  of  the  internal  affairs 
of  any  detention  home  or  branch  detention  home  heretofore 
or  hereafter  established  by  the  county  board  of  supervisors  ; 
and  it  shall  be  the  duty  of  said  board  of  supervisors  to  provide 
for  the  payment  of  such  employees  as  may  be  needed  in  the 
efficient  management  of  such  detention  home  or  branch  deten- 
tion home  or  homes. 

Compensation. 

Sec.  17c.  Members  of  the  probation  committee  shall  serve 
without  compensation,  but  shall  be  allowed  their  reasonable 
traveling  expenses  as  approved  by  the  judge  of  the  juvenile 
court ;  and  the  same  shall  be  a  charge  upon  the  county  in  which 
the  court  appointing  them  has  jurisdiction,  and  said  expenses 


788  .\ri'i:.\i.i.\. 

nIijiII  1)c  |>;ii(l  oiij  ol'  llic  county  li'cjisiiry  upnii  a  written  oi'der 
ol'  tlio  ,jiul,iZ(^  ol"  the  juvenile  I'ourt  ol"  said  connty  dir-ectin^  tlu; 
eonnty  auditor  to  draw  liis  warrant  iii)on  the  eounty  treasurer 
for  the  speeilied  amount  of  such  expenses.  All  orders  by  the 
juvenile  court  jud.ue  upon  the  county  treasuiy  shall  be  filed 
in  duplicate  with  the  county  lioard  of  supervisors. 

Probation  offices   created.     Term  of  office.     Salaries.    Re- 
moval.    Bond. 

Sec.  18.  The  offices  of  probation  officer  and  assistant  pro- 
bation officer  and  deputy  probation  officer  are  hereby  created. 
The  prol)ation  officers  and  assistant  probation  officers  to  serve 
hereunder  in  any  county  shall  be  nominated  by  the  probation 
committee  in  manner  as  the  judge  of  the  juvenile  court  in 
the  respective  counties  shall  direct,  and  the  appointment  of 
such  probation  officers  and  assistant  probation  officers  shall 
then  be  made  by  the  judge  thereof.  The  term  of  office  of  the 
probation  officers  and  assistant  probation  offico-s  shall  be 
two  years  from  the  date  of  their  said  appointments.  All 
probation  officers  and  assistant  probation  officers  receiving  a 
salary  of  seventy-five  dollars  or  more  per  month  shall  devote 
their  entire  time  and  attention  to  the  duties  of  their  offices, 
and  no  such  probation  officer  or  assistant  probation  officer, 
while  holding  such  office  and  receiving  salary  therefor,  shall 
be  a  candidate  for  or  seek  the  nomination  for  any  other 
public  office  or  employment,  and  no  person  shall  be  ap- 
pointed to  and  receive  the  salary  attached  to  such  office  of 
either  probation  officer  or  assistant  probation  officer  who  is 
a  sheriff  or  constable  or  is  related  to  the  judge  of  the  juvenile 
court  or  to  a  member  of  the  probation  committee  of  such 
county,  by  consanguinity  or  affinity  within  the  third  degree 
computed  according  to  the  rules  of  law.  Such  probation 
officers  and  assistant  probation  officers  may  at  any  time  be 
removed  by  the  judge  of  the  juvenile  court  for  good  cause 
shown ;  provided,  that  the  judge  of  the  juvenile  court  may 
at  any  time  in  his  discretion  remove  any  such  probation 
officer  or  assistant  probation  officer  with  the  written  ap- 
proval of  a  majority  of  the  probation  committee.  Every 
probation  officer  and  every  assistant  probation  officer  receiv- 
ing an  official  salary  shall,  at  the  time  that  he  files  his  oath 
of  office,  file  with  the  county  clerk  of  the  county  his  official 
bond  approved  by  the  judge  of  the  juvenile  court.  The 
judge  of  the  juvenile  court  shall  have  authority  by  an  order 
entered  in  the  minutes  of  said  court  to  determine  and  fix 
the  amount  of  bonds  of  the  probation  officer  of  the  county 
and  of  his  assistants.  If  said  bonds,  or  any  of  them,  are 
furnished  by  any  surety  company  licensed  to  transact  busi- 


JUVENILE  COURT.  7S9 

lU'ss  ill  tlu'  stale  of  ('alii'oniici,  llio  preiiiiuiii  thcroon  sliall  1)0 
paid  out  of  the  county  treasury. 

There  shall  be  appointed,  as  herein  provided,  a  probation 
officer  in  every  county,  and  he  may  appoint  as  many  deputies 
as  he  may  desire  ;  provided,  however,  that  such  deputies  shall 
not  have  authority  to  act  until  their  appointment  shall  have 
been  approved  by  a  majority  vote  of  the  members  of  the  pi'oba- 
tion  committee,  and  by  the  judge  of  the  juvenile  court.  The 
term  of  office  of  such  deputies  shall  expire  with  the  term  of 
the  probation  officer  making  such  appointment,  but  the  proba- 
tion officer  with  the  written  approval  of  the  majority  of  the 
members  of  the  probation  committee  and  of  the  judge  of  the 
juvenile  court,  may,  at  any  time  in  his  discretion  revoke  and 
terminate  such  appointment.  Such  deputies,  except  as  here- 
inafter provided,  shall  serve  without  compensation ;  provided, 
however,  that  in  counties  having  charters  providing  a  method 
of  appointment  and  tenure  of  office  for  probation  officers  and 
members  of  the  probation  committee,  such  charter  provision 
shall  control  as  to  such  matters,  and  boards  of  supervisors,  if 
thereto  authorized  thereby  may  increase  or  decrease  the  num- 
ber of  assistants  and  deputies  and  the  salary  of  the  probation 
officer  and  such  assistants,  deputies  and  clerks. 

Referees  in  counties  of  first  class.     Female  referees. 

See.  19.  In  counties  of  the  first  class  the  judge  of  the 
juvenile  court  may  appoint  referees  in  juvenile  court  mat- 
ters. Said  referees  shall  have  the  usual  power  of  referees  in 
chancery  cases  in  all  such  cases  submitted  to  them  by  the 
court ;  shall  hear  the  testimony  of  witnesses  and  certify  to 
the  judge  of  the  juvenile  court  their  findings  upon  the  case 
submitted  to  them,  together  with  their  recommendation  as 
to  the  judgment  or  order  to  be  made  in  the  case  in  question. 

The  court,  after  notice  of  the  presentation  of  such  find- 
ings and  recommendation,  to  the  parents  of  such  person, 
may  make  the  order  reconunended  by  the  referee,  or  any 
other  order  in  the  judgment  of  the  court  required  by  the 
findings  of  the  referee,  or  may  hear  additional  testimony,  or 
may  set  aside  said  findings  and  hear  the  case  anew. 

In  appointing  a  referee  for  the  trial  of  females,  a  female 
referee  shall  be  appointed  where  possible.  Such  referee 
shall  serve  without  compensation  save  that  in  counties  of 
the  first  class  having  charters,  the  boards  of  supervisors  shall 
fix  the  compensation  for  at  least  tw^o  such  referees.  Where 
a  case  has  been  submitted  to  a  referee,  as  herein  provided, 
without  any  previous  order  for  temporary  custody  having 
been  made,  the  referee  shall  from  time  to  time,  recommend 
to  the  court  such  order  or  orders  for  temporary  custody  as 


7!J()  Al'l'KXUlX. 

may  scciii  iicccssai'N.  '    IMu'i'dipoii  siicli  oi-dcr  shall  l)o  niadr 
uiih'ss  the  courl  slinll  (letcrniiiic  otlicrw  isc. 

Officers  in  counties  of  first  class. 

S(M'.  IDa.  Ill  couiitics  of  tlic  first  class  tliev(^  shall  be  one 
]iroI)atioii  officer  and  twenty-nine  assistant  ])r()1)ation  officers, 
and  cl(M'lvS.  Tlie  salaries  of  said  officers  shall  be  as  follows: 
]'robation  officer,  two  hundred  dollars  per  month  ;  two  assist- 
ant probation  officers,  each  one  hundred  and  fifty  dollars  per 
month  ;  nineteen  assistant  probation  officers,  each  one  hundred 
dollars  per  month  ;  one  assistant  probation  officer  to  act  as  pro- 
bation officer's  l)ookkceper,  one  hundred  dollars  per  month ;  one 
assistant  probation  officer  to  act  as  probation  officer's  clerk, 
eighty-five  dollars  per  month;  three  assistant  probation  offi- 
cers to  act  as  stenographers  to  the  probation  officers  in 
clerical  Avork,  each  seventy-five  dollars  per  month ;  one  as- 
sistant probation  officer  to  act  as  stenograplier,  sixty-five 
dollars  per  month ;  one  assistant  probation  officer  to  act  as 
telephone  exchange  operator,  fifty  dollars  per  month ;  one 
assistant  probation  officer  "who  shall  be  a  physician  at  one 
hundred  and  twenty-five  dollars  per  month. 

Second  class. 

Sec.  19b.  In  counties  or  cities  and  counties  of  the  second 
class  there  shall  be  one  probation  officer  and  ten  assistant 
probation  officers.  The  salaries  of  said  officers  shall  be  as 
follows :  Probation  officer,  two  hundred  and  twenty-five  dol- 
lars per  month ;  two  assistant  probation  officers,  each  one 
hundred  and  seventy-five  dollars  per  month,  and  eight  assist- 
ant probation  officers,  at  one  hundred  and  twenty-five  dol- 
lars per  month  each. 

Third  class. 

Sec.  19c.  In  counties  of  the  third  class  there  shall  be  one 
probation  officer  and  eight  assistant  probation  officers.  The 
salaries  of  said  officers  shall  be  as  follows :  Probation  officer, 
two  hundred  dollars  per  month ;  one  assistant  probation 
officer,  one  hundred  and  seventy-five  dollars  per  month ;  one 
assistant  probation  officer,  one  hundred  and  sixty  dollars 
per  month ;  one  assistant  probation  officer,  one  hundred  and 
fifty  dollars  per  month ;  one  assistant  probation  officer,  one 
hundred  and  tvrentj'-five  dollars  per  month;  two  assistant 
probation  officers,  each  one  hundred  dollars  per  month ;  two 
assistant  probation  officers,  each  seventy-five  dollars  per 
month. 

Fourth  class. 

Sec.  19d.  In  counties  of  the  fourth  class  there  shall  be 
one  probation  officer,  one  assistant  probation  officer,   and 


JUVENILE  COURT.  TUl 

one  deputy  probation  officer  who  shall  act  as  probation 
officer's  clerk.  The  salaries  of  said  officers  shall  be  as  fol- 
lows :  Probation  officer,  one  hundred  and  fifty  dollars  per 
month;  assistant  probation  officer,  one  hundred  dollars  per 
month ;  and  one  deput}^  probation  officer  to  act  as  proba- 
tion officej-'s  clerk,  seventy-five  dollars  per  month. 

Fifth  and  sixteenth  classes. 

Sec.  ll)e.  In  each  of  the  counties  of  the  fifth  and  six- 
teenth class,  there  shall  be  one  probation  officer  whose 
salary  shall  be  one  hundred  and  fifty  dollars  per  month. 
In  counties  of  the  fifth  class  there  shall  be  one  assistant  pro- 
bation officer  whose  salary  shall  be  one  hundred  and  twenty- 
five  dollars  per  month,  one  assistant  probation  officer  at  a 
salary  of  one  hundred  dollars  per  month,  and  one  assistant 
probation  officer,  who  shall  be  a  competent  stenographer,  at 
a  salary  of  eighty-five  dollars  per  month. 

Sixth  class. 

Sec.  19f.  In  counties  of  the  sixth  class  there  shall  be  one 
probation  officer  and  three  assistant  probation  officers.  The 
salaries  of  such  officers  shall  be  as  follows :  Probation  officer, 
one  hundred  and  seventy-five  dollars  per  month ;  one  assist- 
ant probation  officer,  one  hundred  and  fifty  dollars  per 
month;  one  assistant  probation  officer,  one  hundred  dollars 
per  month ;  and  one  assistant  probation  officer  to  act  as 
probation  officer's  clerk,  one  hundred  dollars  per  month. 

Seventh  class. 

Sec.  19g.  In  counties  of  the  seventh  class  there  shall  be 
one  probation  officer  and  three  assistant  probation  officers. 
The  salaries  of  said  officers  shall  be  as  follows :  Probation 
officer,  one  hundred  and  seventy-five  dollars  per  month ;  one 
assistant  prol)ation  officer,  one  hundred  and  fifty  dollars 
per  month ;  one  assistant  probation  officer,  one  hundred  and 
twenty-five  dollars  per  month ;  and  one  assistant  probation 
officer,  one  hundred  dollars  per  month. 

Eighth  class. 

Sec.  PJh.  In  counties  of  the  eighth  class  there  shall  be  one 
probation  officer  and  one  assistant  probation  officer.  The 
salaries  of  said  officers  shall  be  as  follows :  Probation  officer, 
one  hundred  dollars  per  month ;  assistant  probation  officer, 
seventy-five  dollars  per  month. 

Ninth,  twelfth,  thirteenth,  fifteenth,  seventeenth,  eighteenth, 
nineteenth,  twenty-second,  twenty-third,  twenty-sixth, 
twenty-seventh,  thirtieth,  thirty-third  and  thirty-sixth, 
classes. 

See.  19i.  in  each  of  the  counties  of  the  ninth,  twelfth, 
thirteenth,    fifteenth,    seventeenth,    eighteenth,    nineteenth, 


792  Al'I'KNDIN. 

tweiity-secoiid.  Iwciity-tliii'd,  twenty-sixth,  twenty-seventh, 
thii'tieth,  thirty-third  nnd  tliirty-sixth  class,  there  shall  be 
one  probation  officer  whose  salary  shall  be  one  Imndred  dol- 
lars per  month.  In  counties  of  the  ninth  class  there  shall 
be  two  assistant  probation  officers,  whose  salaries  shall  be 
as  follows:  One  assistant  probation  officer,  whpse  salary 
shall  be  seventy-five  dollars  per  month,  and  one  assistant 
])robation  officer  whose  salary  shall  be  fifty  dollars  per 
month.  In  counties  of  the  twelfth  class,  there  shall  be  one 
assistant  probation  officer  whose  salary  shall  be  seventy-five 
dollars  per  month.  Tn  counties  of  the  thirteenth  class  there 
shall  be  one  assistant  probation  officer  whose  salary  shall  be 
twenty-five  dollars  per  month.  In  counties  of  the  eigh- 
teenth class  there  shall  be  four  assistant  probation  officers 
whose  salaries  shall  be  twenty-five  dollars  per  month  each. 
In  counties  of  the  twenty-third  class  there  shall  be  one  as- 
sistant probation  officer  whose  salarj^  shall  be  fifty  dollars 
per  month.  In  counties  of  the  tAventy-sixth  class  there  shall 
he  one  assistant  probation  officer  whose  salary  shall  be 
forty  dollars  per  month. 

Tenth  class. 

Sec.  19j.  Tn  counties  of  the  tenth  class  there  shall  be 
one  probation  officer  whose  salary  shall  be  one  hundred  and 
sixty-six  dollars  per  month,  and  one  assistant  probation 
officer  whose  salary  shall  be  seventy-five  dollars  per  month. 

Eleventh  and  fourteenth  classes. 

Sec.  19k.  In  each  of  the  counties  of  the  eleventh  and 
fourteenth  class  there  shall  be  one  probation  officer  whose 
salary  shall  be  one  hundred  and  tAventy-five  dollars  per 
month,  and  also  an  assistant  probation  officer  whose  salary 
shall  be  fifty  dollars  per  month. 

Twentieth  and  thirty-second  classes. 

Sec.  19 1.  In  each  of  the  counties  of  the  twentieth  and 
thirty-secoiid  class  there  shall  be  one  probation  officer  whose 
salary  shall  be  seventy-five  dollars  per  month.  In  counties 
of  the  twentieth  class  there  shall  be  one  assistant  probation 
officer,  whose  salary  shall  be  fifty  dollars  per  month. 

Twenty-first,  thirty-ninth,  fortieth  and  forty-second  classes. 
Sec.  19m.  In  each  of  the  counties  of  the  twenty-first, 
thirty-ninth,  fortieth  and  forty-second  class,  there  shall  be 
one  probation  officer  whose  sahiry  shall  be  Mty  dollars  per 
month. 


JUVENILE  COURT.  793 

Twenty-fourth,  twenty-eighth,  twenty-ninth,  thirty-seventh, 
forty-first,    forty-third,    forty-fifth,    forty-sixth,    forty- 
seventh,  forty-ninth,  fifty-first,  fifty-second,  fifty-third, 
fifty-fourth  and  fifty-sixth  classes. 
Sec.  19n.     In  each  of  the  counties  of  the  twenty-fourth, 
twenty-eighth,     twenty-ninth,     thirty-seventh,     forty-first, 
forty-tliird,    forty-fifth,     forty-sixth,    forty-seventh,    forty- 
ninth,    fifty-first,    fifty-second,    fifty-third,    fifty-fourth,    and 
fifty-sixth  chiss,  there  shall  be  one  probation  officer  whose 
salary  shnll  be  thirty-five  dollars  per  month. 

Twenty-fifth  class. 

Sec.  19o.  In  each  of  the  counties  of  the  twenty-fifth 
class,  there  shall  be  one  probation  officer  whose  salary  shall 
be  one  hundred  and  twenty-five  dollars  per  month,  and  one 
assistant  prolintion  officer  whose  salary  shall  be  fifty  dollars 
per  month. 

Thirty-first  class. 

Sec.  19p.  In  each  of  the  counties  of  the  thirty-first  class, 
there  shall  be  one  probation  officer  whose  salary  shall  be 
sixty  dollars  per  month. 

Thirty-fourth  class. 

Sec.  19q.  In  counties  of  the  thirty-fourth  class,  there 
shall  be  one  probation  officer  whose  salary  shall  be  ninety 
dollars  per  month. 

Thirty-fifth  class. 

Sec.  19r.  In  counties  of  the  thirty-fifth  class,  there  shall 
be  one  probation  officer  who  shall  maintain  an  office  in  the 
courthouse  at  the  county  seat.  The  salary  of  said  proba- 
tion officer  shall  be  one  hundred  dollars  per  month. 

Forty-fourth  and  fifty-fifth  classes. 

Sec.  19s.  In  each  of  the  counties  of  the  forty-fourth  and 
fifty-fifth  class,  there  shall  be  one  probation  officer  whose 
salary  shall  be  ten  dollars  per  month. 

Forty-eighth  and  fiftieth  classes. 

Sec.  19t.  In  each  of  the  counties  of  the  forty-eighth  and 
fiftieth  classes,  there  shall  be  one  probation  officer  whose 
salary  shall  be  twenty-five  dollars  per  month. 

Fifty-seventh  and  fifty-eighth  classes. 

Sec.  19u.  In  each  of  the  counties  of  the  fifty-seventh  and 
fifty-eighth  classes  there  shall  be  one  probation  officer  whose 
salary  shall  be  five  dollars  per  montli. 

Sec.  19v.  In  counties  of  the  thirty-eighth  class  there 
shall  be  one  probation  officer  whose  salary  shall  be  seventy 


794  Ai'PKXuix. 

dolhirs  ])(■!•  iiioiitli  ;iii<l  one  ;is.sis1;!ii1-  prohatiou  officer  wliose 
salai-y  shall   he  {il'ty  dollars  per  month. 

Payment  of  salaries. 

See.  ll)\v.  The  salaries  of  all  ])i'ol)ati()ii  offieers  aiul  as- 
sistant probation  offieers  shall  he  ])aid  out  of  the  county 
treasury  of  the  county  for  which  they  are  appointed,  re- 
spectively, in  the  same  manner  as  the  salaries  of  the"  other 
county  officers.  The  probation  offieers  and  assistant  proba- 
tion officers  and  deputy  probation  officers  iii  all  counties  of 
the  state  shall  be  allowed  such  necessary  incidental  expenses 
incurred  in  the  performance  of  their  duties  as  reriuired  by 
the  laws  of  the  state  of  California  as  may  be  authorized  by 
the  judge  of  the  juvenile  court;  and  the  same  shall  be  a 
charge  upon  the  county  in  which  the  court  appointing  them 
has  jurisdiction,  and  said  expenses  shall  be  paid  out  of  the 
county  treasury  upon  a  written  order  of  the  judge  of  the 
juvenile  court  of  said  county  directing  the  county  auditor 
to  draw  his  warrant  upon  the  county  treasurer  for  the 
specific  amount  of  such  expenses.  The  probation  officer 
shall  keep  a  list  of  expenses  and  file  a  copy  monthly  with  the 
county  board  of  supervisors. 

Duty  of  probation  officers.     To  make  investigations.     To  be 
in  court.     Pov^er  of  attendance  officer.     Reports. 

Sec,  20.  The  prol)ation  officer  shall  inquire  into  the  ante- 
cedents, character,  family  history,  and  environment  of  every 
person  brought  before  the  court,  and  of  every  person  alleged 
to  be  a  person  who  should  be  declared  free  from  the  custody 
and  control  of  his  parents,  and  into  the  cause  of  such  person 
being  brought  before  the  juvenile  court,  and  shall  make  his 
report  in  writing  to  the  judge  thereof. 

Whenever  application  is  made  to  the  district  attorney  of 
the  county  for  the  drawing  of  a  petition  hereunder,  it  shall 
be  the  duty  of  the  said  probation  officer  to  make  such  in- 
vestigation as  may  be  required  by  the  said  district  attorney, 
or  if  the  application  has  been  made  to  the  probation  officer, 
said  probation  officer  shall  make  such  investigation  as  to 
him  may  seem  necessarj^  for  the  purpose  of  determining 
the  necessity  for  the  filing  of  a  petition.  If,  after  such  in- 
vestigation it  appears  to  said  district  attorney  or  to  said 
probation  officer  to  whom  said  application  has  been  made 
that  proceedings  should  not  be  brought  hereunder,  said  dis- 
trict attorney  or  said  probation  oi^cer  to  whom  said  applica- 
tion has  been  made  may  refuse  to  draw  said  petition. 

It  shall  also  be  th<'  duty  of  the  probation  officer  to  be  present 
in  court  to  represent  the  interests  of  said  person  A\-lien  the 
case  is  heard,  and  to  furnish  to  the  court  such  information 


JUVENILE  corR'i.  794a 

;iikI  assistance  as  llic  coiu't  may  rcMiuire  and  to  make  such 
report  at  such  time ;  and  to  take  chargje  of  said  person 
before  and  after  the  hearing  as  may  be  ordered.  Every  pro- 
bation officer,  assistant  x)robation  officer,  and  deputy  proba- 
tion officer  shall  have  the  power  of  a  peace  officer.  At  any 
time  the  probation  officer  ma.v  bring  any  such  ward  com- 
mitted to  his  care  before  the  court  with  Avritten  report  and 
recommendation  for  such  further  order  or  other  action  as 
the  court  may  deem  proper.  Before  any  such  ward  is  re- 
committed, the  probation  officer  shall  inquire  into  the 
reasons  assigned  for  such  action  and  shall  be  present  in 
court  to  represent  the  interests  of  such  Avard. 

Every  probation  officer  shall  have  the  powers  of  a  school 
attendance  officer,  in  such  portions  of  the  county,  in  which 
such  probation  officer  has  been  appointed,  as  are  not  other- 
wise provided  with  'a  school  attendance  officer,  and  shall 
exercise  such  poAvers  Avhen  not  inconsistent  Avith  his  other 
duties. 

Every  probation  officer,  Avithin  fifteen  days  after  the 
thirty-first  day  of  December,  of  each  year,  shall  make  in 
writing  and  file  as  a  public  document  a  report  to  the  judge 
of  the  juA'cnile  court  of  the  count}'  in  Avhich  such  probation 
officer  is  appointed,  and  shall  furnish  the  county  board  of 
superA'isors  and  to  the  secretary  of  the  state  board  of  char- 
ities and  corrections  of  this  state  a  copy  thereof.  Such  re- 
port, Avithout  giving  names,  shall  state  separately  the 
exact  number  of  neglected,  dependent,  and  delinquent  per- 
sons and  Avards  of  the  juA^enile  court  that  remain  under 
commitment  to  the  care  and  custody  of  the  probation  officer, 
and  the  exact  number  of  such  persons  of  AA'hose  cases  other 
disposition  has  been  made,  as  such  number  exists,  deducting 
all  cases  dismissed  or  discharged  as  reformed,  or  AAdiere  such 
person  has  passed  the  age  of  tAventy-one  years  upon  such 
thirty-first  day  of  December,  segregating  such  persons  as 
having  been  adjudged  by  such  juA^enile  court  to  be  neg- 
lected, dependent,  delinquent,  or  Avards  of  the  juvenile 
court,  as  the  case  may  be,  in  nineteen  hundred  and  three, 
nineteen  hundred  and  four,  nineteen  hundred  and  five,  and 
so  on,  up  to  and  including  the  calendar  year  for  AA^hich  such 
report  is  made  and  filed.  Any  of  the  duties  of  a  probation 
officer  may  be  performed  by  an  assistant  or  deputy  proba- 
tion officer,  and  shall  be  so  performed  Avhenever  directed  by 
the  probation  officer ;  and  it  shall  be  the  duty  of  the  proba- 
tion officer  to  see  that  his  assistant  and  deputy  probation 
officers  perform  their  duties. 


7941)  APPENDIX. 

Penalties. 

8ee.  21.  Any  ])('i's()ii  wlio  sliall  coiiii)\it  any  act  or  omit 
tho  peri'oriiiaiico  oi"  any  duty,  Avhich  act  or  omission  causes 
or  tends  to  cause  or  encourage  any  person  under  the  age  of 
twenty-one  years  to  conn?  within  the  provisions  of  any  of 
subdivisions  one  to  thirlecn  inclusive  of  section  one  of  this 
act,  or  which  act  or  omission  contributes  thereto,  or  any 
person  who  shall,  hy  any  act  or  omission,  or  by  threats,  or 
eommaiuls,  or  persuasion,  induce  or  endeavor  to  induce  any 
such  person,  under  the  a^e  of  twenty-one  years,  to  do  or  to 
perform  any  act  or  to  follow  any  course  of  conduct,  or  to  so 
live  as  would  cause  or  manifestly  tend  to  cause  any  such 
person  to  become  or  to  remain  a  person  coming  within  the 
provisions  of  any  of  subdivisions  one  to  thirteen  inclusive 
of  section  one  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  one  thousand  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  two  years,  or  by  both  such 
fine  and  imprisonment,  or  may  be  released  on  probation  for 
a  period  not  exceeding  five  years ;  and  the  superior  court, 
sitting  as  a  juvenile  court,  shall  have  original  jurisdiction 
over  all  such  misdemeanors.  The  court  may  also,  as  a  condition 
of  such  probation,  require  a  bond  in  such  sum  as  the  court 
may  designate,  to  be  approved  by  the  judge  requiring  the 
same,  to  secure  the  performance  by  such  person  of  the  condi- 
tions iinposed  by  the  court  on  such  probation.  Such  bond 
shall  by  its  terms  be  made  payable  to  the  state  of  Cali- 
fornia and  any  moneys  received  for  the  breach  thereof  shall 
be  paid  into  the  county  treasury. 

Detention  home.     Superintendent  and  matron. 

Sec.  22.  It  shall  be  the  duty  of  the  legislative  body  of 
every  county,  or  city  and  county,  immediately  upon  this  act 
becoming  effective,  to  provide  and  thereafter  maintain,  at 
the  expense  of  such  county,  or  city  and  county,  in  a  loca- 
tion approved  by  the  judge  of  the  juvenile  court,  a  suitable 
house  or  place  to  be  known  as  the  "detention  home"  of  said 
county,  or  city  and  county,  for  the  detention  of  wards 
of  the  juvenile  court  and  of  persons  alleged  to  come  under 
the  provisions  of  subdivisions  one  to  thirteen  inclusive  of 
section  one  of  this  act.  Such  detention  home  must  not  be 
in,  or  connected  Avitli  any  jail,  or  prison,  and  shall  be  con- 
ducted in  all  respects  as  nearly  like  a  home  as  possible  and 
shall  not  be  deemed  to  be  nor  be  treated  as  a  penal  institu- 
tion. Such  legislative  body  must  also  provide  for  a  suitable 
superintendent  and  matron  to  have  charge  of  such  deten- 
tion home,  and  for  such  other  employees  as  may  be  needed 
in  the  efficient  management  of  such  detention  home,  and  pro- 


JUVENILE  COURT.  794c 

vide  for  tiio  p;iyiiK'iit,  out  of  the  general  fund  of  the  county,  or 
city  and  county,  of  suitable  salaries  for  such  superintendent 
and  matron,  and  such  other  employees,  such  superintendent, 
matron  and  other  employees  to  be  appointed  by  said  legis- 
lative body  upon  the  nomination  of  the  probation  committee 
and  the  approval  of  the  judge  of  the  juvenile  court.  The 
superintendent  of  the  detention  home  shall  keep  a  classified 
list  of  expenses,  and  shall  file  a  duplicate  copy  with  the 
county  board  of  supervisors.  The  superintendent,  matron, 
or  other  employee  of  such  detention  home,  may,  at  any  time, 
be  removed  by  the  probation  committee  in  its  discretion. 

Appeal  from  judgment. 

Sec.  23.  Every  judgment  or  decree  of  a  juvenile  court 
assuming  jurisdiction  and  declaring  any  person  to  be  a  ward 
of  the  juvenile  court  or  a  person  free  from  the  custody  and 
control  of  his  parents  may  be  appealed  from  in  the  same 
manner  as  any  final  judgment,  and  any  subsequent  order 
may  be  appealed  from  as  from  an  order  after  judgment;  but 
no  such  order  or  judgment  shall  be  stayed  by  such  appeal, 
unless  suitable  provision  is  made  for  the  maintenance,  care 
and  custody  of  such  person  pending  the  appeal,  to  be  ap- 
proved by  an  order  of  the  said  juvenile  court.  Such  appeal 
shall  have  precedence  in  the  court  to  which  the  appeal  is 
taken  over  all  other  cases. 

Construction  of  act. 

See.  24.  This  act  shall  be  liberally  construed,  to  the  end 
that  its  purpose  may  be  carried  out,  to  wit,  that  the  care, 
custody  and  discipline  of  a  ward  of  the  juvenile  court,  as 
defined  in  this  act,  shall  approximate  as  nearly  as  may  be 
that  which  would  be  given  by  his  parents,  and  in  all  cases 
where  it  can  be  properly  done,  the  ward  of  the  juvenile 
court,  as  defined  in  this  act,  shall  be  placed  in  an  approved 
family,  with  people  of  the  same  religious  belief,  and  become 
a  member  of  the  family,  by  legal  adoption  or  otherwise. 
All  commitments  to  institutions  or  for  placement  in  family 
homes  under  this  act  shall  be,  so  far  as  practicable,  either 
to  institutions  or  for  placement  in  family  homes  of  the 
same  religious  belief  as  that  of  the  person  so  committed  or 
of  his  parents  or  to  institutions  affording  opportunity  for 
instruction  in  such  religious  belief.  In  any  detention  or 
commitment  under  this  act,  no  merely  unfortunate  per- 
son shall  be  brought  into  direct  contact  or  personal  as- 
sociation with  any  wayward  person  of  evil  influence.  In 
all  cases  of  female  persons  over  the  age  of  five  years  com- 
ing under  the  provisions  of  this  act,  such  persons  shall  be 
dealt  with,  so  far  as  possible,  by  or  in  the  presence  of  a 
woman  probation  officer,  assistant  probation  officer,  deputy 


7II4(1  Al'l'HNDlX. 

|>i'(ili;il  ion  ol'lii'ci',  a  woiiinii  iiiciiiIk'I"  dl'  the  pi'dliiil  kiii  coin- 
iiiiltc'i",  or  other  vvoiiiau ;  and  in  ti'an.sixd'tinii'  ('ciiialc  per- 
sons cominsi'  iiiulcr  any  ol'  the  j)rovisions  of  tliis  act,  such 
persons  shall  he  transported  in.  the  care  and  custody  of  a 
woman.  In  this  act  the  Avord  "county"  shall  include  "city 
and  C()uut\',"  the  plural  shall  include  the-  siuf^'ular,  and  the 
siiifiulai-  shall  include  the  ])lural,  and  the  word  "wai-d"  shall 
mean  "a  ward  of  the  juvenile  court,"  as  defined  in  this  act. 

Acts  superseded. 

Sec.  25.  This  act  shall  supersede  all  provisions  of  the  act 
entitled  "An  act  to  establish  a  state  school  for  juvenile 
offenders,  and  to  malce  an  ai)propriation  therefor,"  ap- 
proved March  .11,  188'J,  and  all  amendments  thereto,  and 
all  provisions  of  the  act  entitled  "An  act  to  establish 
a  school  of  industry,  to  provide  for  the  maintenance  and 
mauaoement  of  the  same,  and  to  make  an  appropriation 
therefor,"  approved  March  11,  1889,  and  all  amendments 
thereto,  relating  to  the  mode  of  commitments  to  the  in- 
stitutions therein  named ;  but  said  acts  shall  control  as  to 
all  matters  concerning  the  management  of  said  institutions, 
respectively. 

Acts  repealed. 

Sec.  20.  The  juvenile  court  law  ai)proved  March  8,  1909, 
as  amended  by  an  act  approved  April  5,  1911,  and  as 
amended  by  an  act  approved  June  16,  1913,  and  all  amend- 
ments thereof,  and  all  acts  or  parts  of  acts  inconsistent  here- 
with are  hereby  repealed;  provided,  however,  that  nothing 
herein  contained  shall  be  deemed  to  interfere  with  the  man- 
agement of  any  state  school  except  as  herein  expressly  pro- 
vided ;  provided,  further,  that  all  orders  and  judgments 
heretofore  made  nnder  the  acts  hereby  repealed  shall  con- 
tinue in  full  force  and  effect  and  the  court  shall  retain  juris- 
diction of  all  persons  now  subject  to  the  jurisdiction  thereof, 
and  such  persons  shall  be  herein  dealt  with  in  the  same 
manner  as  if  all  previous  orders  had  been  made  under  the 
provisions  of  this  act,  and  all  proceedings  now  pending 
under  said  act  shall  be  continued  under  the  provisions  of 
this  act. 

Per.sons  charged  with  crime  nnder  the  provisions  of  sec- 
tion twenty-six  of  said  law  of  nineteen  hundred  eleven,  or 
section  twenty-eight  of  said  laAv  of  nineteen  hundred  thir- 
teen, shall  be  tried  and  punished  nnder  the  la^v  as  it  existed 
at  the  time  of  said  alleged  offense. 

All  officers  holding  office  under  the  provisions  of  said  acts, 
shall  be  continued  therein,  subject  hereto  and  nothing 
herein  contained  shall  be  deemed  to  interfere  with  their 
term  or  tenure  of  office. 


JUVENILE     COURT.  795 

Constitutionality. 

Sec.  27.  If  any  one  section  or  sections,  or  portion  or  por- 
tions of  a  section,  or  any  paragraph  or  paragraphs,  or  sen- 
tence or  sentences  of  this  act  are  declared  invalid  such 
declaration  shall  not  affect  the  rest  of  the  law. 


LABOE  UNIONS. 

An   Act    lo   prevent   persons   from   nnlawfully    wearing    the 

button  of  anij  labor  iinion  of  this  state. 

[Approved  March  20,  1909;  Stats.  1909,  p.  546.]' 

Labor  unions,  protection  of  button. 

Section  1.  Any  person  who  shall  willfully  wear  the  but- 
ton of  any  labor  union  of  this  state,  unless  entitled  to  wear 
said  button  under  the  rules  of  such  union,  shall  be  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  be  punished  by 
imprisonment  for  a  term  not  to  exceed  twenty  days  in  the 
county  jail  or  by  a  fine  not  to  exceed  twenty  dollars,  or  by 
both  such  fine  and  imprisonment. 

An  Act  to  prevent  persons  from    nnhnrfully  nsing  a   union 

card. 
[Approved  March  22,  1909;  Stats.  1909,  p.  668.] 

Union  card,  unlawful  use  of. 

Section  1.  Any  person,  v.'ho  shall  willfully  use  the  card 
of  any  labor  union  to  obtain  aid,  assistance  or  employment, 
therel3y  -within  this  state,  unless  entitled  to  use  said  card 
under  the  rules  and  regulations  of  a  labor  union  within  this 
state,  shall  be  guilty  of  a  misdemeanor. 

Conflicting  acts  repealed. 

Sec.  2.  All  acts,  and  parts  of  acts,  in  conflict  with  the 
provisions  of  this  act,  are  hereby  repealed. 


LARCENY. 

An  Act  to  more  fully  define  tlie  crime  of  larceny. 
[Approved  March  6,  1872;  Stats.  1871-72,  p.  282.] 
§  1.     Grand  larceny. 
§  2.     Petit  larceny. 

Grand  larceny. 

Section  1.     Every  person  who  shall  convert  any  manner 
of  real  estate  of  the  value  of  fifty  dollars  and  upwards  into 


TOG  •   APPENDIX. 

personal  j)r()i)ci'ty,  by  .se\-('riii<i  llif  same  rrdiu  llic  realty  of 
anotlier,  with  feloiiious  iiiloiit  to  and  sliaU  so  steal,  ta]<(!,  aiul 
cany  away  the  same,  shall  be  deemed  guilty  of  grand  lar- 
eeuy,  and  upon  conviction  thei-eof  shall  be  punishable  by 
imprisonment  in  the  state  ])i'ison  for  any  term  not  h^ss  than 
one  year  iioi-  moi-e  than  foniieen  yeai'S. 

Petit  larceny. 

See.  2.  E\-ery  ])ei'S()n  who  sliall  convert  any  maimer  of 
real  estate  of  the  value  of  under  fifty  dollars  into  personal 
property,  by  severing  the  same  from  the  realty  of  another, 
with  felonious  intent  to  and  shall  so  steal,  take,  and  carry 
away  the  same,  shall  l)e  deemed  guilty  of  petit  larceny,  and 
upon  conviction  thereof  shall  be  punishable  by  imprison- 
ment in  the  county  jail  for  a  period  not  more  than  one  j^ear, 
or  by  line  not  exceeding  one  thousand  dollars,  or  by  both 
such  fine  and  imprisonment. 

Severing  and  removing  part  of  realty:   See  Pen.  Code,  §  495,  ante. 

Alb  Act  supple}tieniar\j  to  an  act  entitled  "An  Act  concerning 
crimes  and  punisJiments,"  passed  April  sixteenth, 
eidjhteoi  Jiundred  and.  fifty. 

[Approved  March  20,  1872;  Stats.  1871-72,  p.  435.] 

Grand  larceny. 

Section  1.  Every  person  who  shall  feloniously  steal,  take, 
and  carry  away,  or  attempt  to  take,  steal,  and  carry  from 
any  mining  claim,  tunnel,  sluice,  undercurrent,  riffle-box,  or 
sulphurate  [sulphuret-]  machine  any  gold-dust,  amalgam,  or 
quicksilver,  the  property  of  another,  shall  be  deemed  guilty 
of  grand  larceny,  and  upon  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  for  any  term  of 
not  less  than  one  year  nor  more  than  fourteen  years. 

Act  takes  effect  when. 

Sec.  2.     This   act   shall   be   in   force   from   and   after   its 

passage. 

Remains  in  force:  See  People  v.  Salvador,  71  Cal.  16.     See,  also. 
People  V.  Opie,  123  Cal.  294,  55  Pae.  983. 


MASTER   AND   SERVANT.  797 


MASTER  AND  SERVANT. 

An  Act  to  prevent  misrepresentations  of  conditions  of  employ- 
ment, making  it  a  misdemeanor  to  misrepresent  the  same 
and.  providing  penalties  therefor. 

[Approved   March   20,   1903;   Stats.   1903,   p.   269;    amended   bv   Stats. 

1915,  p.   52.] 

§  1.     False  representations  of  conditions  of  employment. 
§  2.     -Penalty. 
§  3.     Act   takes    effect   when. 

False  representations  of  conditions  of  employment. 

See.  ].  It  shall  bo  uiila-wful  for  an,y  person,  partnership, 
company,  corporation,  association,  or  organization  of  any 
kind,  directly  or  throngh  any  agent  or  attorney,  to  indnce, 
influence,  persuade,  or  engage  any  person  to  change  from 
one  place  to  another  in  this  state  or  to  change  from  any 
place  in  any  state,  territory,  or  country  to  any  place  in  this 
state,  or  to  change  from  any  place  in  this  state  to  any  place 
in  any  state,  territory  or  country,  to  work  in  any  branch  of 
labor,  through  or  by  means  of  knoAvingly  false  representa- 
tions, whether  spoken,  written,  or  advertised  in  printed 
form,  concerning  the  kind  or  character  of  such  work,  the 
compensation  therefor,  the  sanitary  conditions  relating  to 
or  surrounding  it,  or  the  existence  or  non-existence  of  any 
strike,  lockout,  or  other  labor  dispute  affecting  it  and  pend- 
ing between  the  proposed  employer  or  employers  and  the 
persons  then  or  last  theretofore  engaged  in  the  performance 
of  the  labor  for  which  the  employee  is  sought.  [Amend- 
ment approved  April  10,  1915;  Stats.  1915,  p.  42.] 

Penalty. 

Sec.  2.  Any  violation  of  section  one  or  section  two  hereof 
shall  be  deemed  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  exceeding  two  thousand  dollars  or  by  imprison- 
ment for  not  more  than  one  year,  or  by  both  such  fine  and 
imprisonment. 

Act  takes  effect  when. 

Sec.  3.  This  act  shall  take  effect  on  the  date  of  its 
passage. 


ros  .\i'i'KM)i\. 


OFFICERS. 


An  Act  relnlinfj  lo  the  inioxicaiion  of  officers. 
[Approved  April  l;",  ISSO;  Stats.  ISSD,  p.  77.] 

Intoxication  of  officers.     Misdemeanor.     Penalty. 

Section  1.  Any  officer  of  a  town,  villaf^o,  city,  county,  or 
state,  <jvho  sli.ill  l)e  intoxicated  while  in  discharo:c  of  the 
duties  of  his  office,  or  by  reason  of  intoxication  is  disqualified 
for  the  discharge  of,  or  neglects  his  duties,  shall  he  guilty 
of  a  misdemeanor,  and  on  conviction  of  such  misdemeanor 
shall  forfeit  his  office;  and  in  such  case  the  vacancy  occa- 
sioned ther(>l)y  shall  be  filled  in  the  same  manner  as  if  such 
officer  had  filed  his  resignation  in  the  proper  office,  and  it 
had  beeii  accepted  by  the  proper  authority ;  provided,  such 
acceptance  shall  liave  been  necessary  to  make  the  office 
vacant. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 


OLIVE- OIL. 

A)i  Act  to  rcgtihile  the  sale  of  imitation  olive-oil,  and  to  repeal 
an  act  entitled  ''An  Act  to  regulate  the  sale  of  olive-oil," 
approved  March  10,  1891. 

[Approved  March  23,  1893;  Stats.  1893,  p.  210.] 

§    1.     Imitation  oil,  what  constitutes. 

§    2.     Imitation  oil  to  be  labeled.     Letters,  kind  of  type  'o  be  useii. 

Names  of  ingredients  to  be  given, 
§    3.     Not  to  be  consigned  unless  marked.     Proviso. 
§    4.     Not  to  be  in  possession. 
§    5.     Not  to  be  sold  as  pure  olive-oil.     Purchaser  to  be  informed  ot 

imitation  oil.     Statement,  what  to  contain. 
§    6.     Presumption  as  to  persons  having  imitation  oil. 
§    7.     False  representation  as  to  imitation  oil. 
§    8.     Penalty  for  violation  of  provisions  of  this  act. 
§    9.     Who  to  enforce. 
§  10.     Certain  act  repealed. 

Imitation  oil,  what  constitutes. 

Section  1.  That  for  the  purpose  of  this  act  every  article, 
substance,  or  compound,  or  oil  other  than  that  extracted 
solely  from  the  fruit  of  the  olive-tree,  made  in  the  semblance 
of  olive-oil  extracted  solely  from  the  fruit  of  the  olive-tree,  is 
hereby  declared  to  be  imitation  olive-oil 


OLIVE-OIL.  799 

Imitation  oil  to  be  labeled.     Letters,  kind  of  type  to  be  used. 
Names  of  ingredients  to  be  given. 

Sec.  2.  Each  person  who  manufacturers  imitation  olive- 
oil  shall  place  upon  every  bottle,  can,  or  other  vessels  con- 
taining- such  imitation  oil,  a  label,  with  the  words  ''imitation 
olive-oil"  printed  thereon  in  capital  letters,  in  a  clear  and 
durable  manner,"  in  the  English  language,  in  plain  type, 
designated  and  knoM-n  as  twenty-four-point  letter  type  [sic] 
(two-line  pica),  of  a  Gothic  face;  said  label  shall  also  state 
plainly  the  name  and  address  of  the  manufacturer  or  com- 
pounder, the  name  and  place  where  manufactured  and  put 
up,  and  also  the  names  and  actual  percentages  of  the  differ- 
ent ingredients  contained  in  each  bottle,  can,  or  vessel. 

Not  to  be  consigned  unless  marked.     Proviso. 

Sec.  3.  No  person,  by  himself  or  another,  shall  knowingly 
ship,  consign,  or  forward  by  any  common  carrier,  whether 
public  or  private,  any  imitation  olive-oil,  unless  the  same  be 
marked  as  provided  in  section  two  of  this  act ;  and  no  car- 
rier shall  knowingly  receive,  for  the  purpose  of  forwarding 
or  transporting,  any  imitation  olive-oil,  unless  it  shall  be 
marked  as  hereinbefore  provided,  consigned,  and  by  the 
carrier  receipted  for,  as  imitation  olive-oil ;  provided,  that 
this  act  shall  not  apply  to  any  goods  in  transit  between 
foreign  countries  and  across  the  state  of  California. 

Not  to  be  in  possession. 

Sec.  4.  No  person  shall  knowingly  have  in  his  possession 
or  under  his  control,  any  imitation  olive-oil,  unless  the  bot- 
tle, can,  or  vessel,  or  other  package  containing  the  same,  be 
clearly  marked,  as  provided  in  section  two  of  this  act. 

Not  to  be  sold  as  pure  olive-oil.     Purchaser  to  be  informed 
of  imitation  oil.     Statement,  what  to  contain. 

Sec.  5.  No  person,  by  himself  or  another,  shall  know- 
ingly sell  or  offer  for  sale  imitation  olive-oil  under  the  name 
of  or  under  the  pretense  that  the  same  is  pure  olive-oil ;  and 
no  person,  by  himself  or  another,  shall  knowingly  sell  any 
imitation  olive-oil  unless  he  shall  inform  the  purchaser  at 
the  time  of  sale  that  the  same  is  imitation  olive-oil,  and  shall 
deliver  to  the  purchaser  at  the  time  of  sale  a  statement, 
clearly  printed  in  the  English  language,  which  shall  refer  to 
the  article  sold,  and  which  shall  contain,  in  plain  type,  desig- 
nated and  known  as  twenty-four-point  letter  type  [sic] 
(two-line  pica),  of  a  Gothic  face,  in  capital  letters,  the 
words  ''imitation  olive-oil,"  and  shall  give  the  name  and 
place  of  business  of  the  manufacturer  or  compounder. 


800  Al'l'EXUlX. 

Presumption  as  to  persons  having"  imitation  oil. 

Soe.  ().  Every  ixm'soii  haviiiju:  i)()ssessi()n  or  control  of  any 
imitation  olive-oil,  ■\vliicli  is  not  marked  as  required  by  the 
provisions  of  this  act,  sliall  be  presumed  to  have  known, 
during  the  time  of  su'*h  ])()ssession  or  control,  that  the  same 
Avas  imitation  olive-oil. 

False  representation  as  to  imitation  oil. 

Sec.  7.  No  person  shall  expose  for  sale  any  oil  bearing 
the  semblance  of  olive-oil,  manufactured  out  of  the  state, 
and  represent  that  it  is  manufactured  in  this  state,  nor  shall 
offer  for  sale  any  such  oil  upon  the  receptacle  of  Avhich  is 
any  cut,  design,  or  mark  intended  to  convey  the  belief  that 
such  is  manufactured  in  this  state. 

Penalty  for  violation  of  provisions  of  this  act. 

See.  8.  AVhoever  shall  violate  any  of  the  provisions  or 
sections  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof,  be  punished  by  a  fine  of 
not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  not  less 
than  thirty  days  nor  more  than  six  months,  or  by  both  fine 
and  imprisonment,  as  the  court  may  direct. 

Who  to  enforce. 

Sec.  9.  It  shall  be  the  duty  of  the  state  board  of  horticul- 
ture and  the  state  analyst  to  enforce  the  provisions  of  this 
act. 

Certain  act  repealed. 

Sec.  10.  An  act  entitled  "An  Act  to  regulate  the  sale  of 
olive-oil,"  approved  March  tenth,  eighteen  hundred  and 
ninety-one,  is  hereby  repealed. 


POISON" .  801 


POISON. 

An  Act  to  regulate  the  sale  of  poisons  in  the  state  of  Califor- 
nia and  providing  a  penalty  for  the  violation  thereof. 

[1.  Approved  Mcireh  6,  1907;  Stats.  19U7,  p.  124.  2.  Amended  March 
19,  1909;  Stats.  1909,  p.  422.  3.  Amended  March  6,  1911;  Stats. 
1911,  p.  1106.  4.  Amended  June  11,  1913,  Stats.  1913,  p.  692. 
,5.  Amended  May     27,  191.5;  Stats.   1915,  pp.  863,  1066.] 

Amendment  of  title  of  act.  The  original  title  of  this  act  was 
amended  in  1909  by  adding  the  words  "and  use"  after  "to  regulate 
the  sale." 

Labeling-  packages  of  poisons.  Poisons  sold  only  for  legiti- 
mate purposes.  Giving  fictitious  name  unlawful. 
Schedule  and  antidote  given  to  pharmacist.  Entries  of 
sales  in  poison  register.     Form  of  book. 

Section  1.     It  shall   be   unlawful  for  any   i)er.son  to  vend, 
sell,  give  away  or  furnish,  either  directly  or  indirectly  any 
poisons  enumerated  in  schedules  "A"  and  "B"  in  section 
7  of  this  act  as  hereinafter  set   forth,   without   labeling-  the 
package,   box.   bottle  or  paper  in  which  said   poison  is  con- 
tained,  with  the  name  of  the  article,   the  word   "poinson," 
and  the  name  and  place  of  bu.siness  of  the  pei'son  furnishing 
the    same.     Said    label    shall    be    substantially    in    the    form 
hereinafter  provided.     It  shall  be  unlawful  to  sell  or  deliver 
any  of  the   poisons   named   in   schedule   "A"   or  any   other 
dangerously    poisonous    druu',    chemical,    or    medicinal    sub- 
stance, which  may  from  time  to  time  be  designated  by  the 
state  board  of  pharmacy  of  California,  unless  on  incpiiry  it 
is  found  that  the  person  desirinj?  the  same  is  aAvare  of  its 
poisonous  character,  and  it  satisfactorily  appears  that  it  is 
to  he  used  for  a  legitiuiate  purpose.     It  shall  he  unlawful 
for  any  person  to  give  a  fictitious  name  or  make  any  false 
representations  to  the  seller  or  dealer  when  buving  any  of 
the  poisons  thus  enumerated:  provided,  that  this  prohibi- 
tion shall  not  apply  to  an  officer  or  inspector  of  the  state 
board  of  pharmacy  in  the  performance  of  the  duties  en- 
joined by  law  upon  said  board,   or  to  any  person  actinsr 
under  authority  of  said  board  in  the  performance  of  said 
duties.     Printed  notice  of  all  such  additions  to  the  schedule 
of  poisons  named  and  provided  for  in  this  section,  and  the 
antidote  adopted  by  the  board  of  pharmacy  for  such  poisons 
shall  be  given  to  all  reg^istered  pharmacists  with  the  next 
following  renewal  of  their  certificates.     It  shall  be  unlawful 
to  sell  or  deliver  any  poison  included  in  schedule  "A"  or 
the   additions   thereto,    Avithout   making   or   causing   to   be 

Pen.  Code — 51 


802 


APPENDIX. 


niado,  at  tlio  tiiiio  of  said  sale,  an  entry  in  a  book  kopt  solely 
for  that  ])ii}-i)Ose,  statinf?  the  dale  and  liour  of  sale,  and  the 
name,  address  and  signature  of  tlie  purchaser,  the  name  and 
quantity  of  the  poison  sold,  the  statement  by  the  purchaser 
of  the  purpose  for  which  it  is  requii'ed,  and  the  name  of  the 
dispenser,  Avho  must  be  a  duly  registered  pharmacist;  pro- 
vided, however,  that  said  entry  shall  be  nmde  out  in  full,  in 
ink  before  said  signature  of  the  purchas(>r  is  made  thereto, 
and  that  said  entry  shall  be  made  by  said  dispenser  himself, 
and  not  by  any  person  who  is  not  a  duly  registered  pharma- 
cist or  duly  registered  assistant  pharmacist. 

Said  book  shall  be  in  form  substantially  as  follows : 


Date 
and 
Hour. 


Name 
rmcliiisnr. 


Residence. 


Kind 

and 

Quantity. 


ruri>ose 
of 
Use. 


Signature 

of 
DnipKist 


Signature 

of 
Purcliaser. 


This  book  shall  always  be  open  for    inspection    by    the 
proper  authorities,  and  shall  be  preserved  for  at  least  five 
vears  after  the  date  of  the  last  entrv  therein.      [Amendment 
approved  June  11,  1913;  Stats.  1913,  p.  692.] 
Also  amended  March  19,  1909;  Stats.  1909,  p.  423. 

Form  of  label. 

►Sec.  2.  The  label  required  by  this  act,  to  be  placed  on  all 
packages  of  poison,  shall  be  printed  upon  red  paper  in  dis- 
tinct white  letters,  or  in  distinct  red  letters  upon  white 
paper,  and  shall  contain  the  word  "poison,"  the  "vignette" 
representing  the  skull  and  crossbones,  and  the  name  and 
address  of  the  person  or  firm  selling  the  same.  The  name 
of  an  antidote  if  any  there  be  for  the  poison  sold,  shall  also 
be  upon  the  package.  No  poison  shall  be  sold  or  delivered 
to  any  person  who  is  less  than  eighteen  years  of  age. 

State  board  of  pharmacy  to  adopt  schedule  of  antidotes. 
Entries  to  be  in  English. 

Sec.  3.  It  shall  be  the  duty  of  the  state  board  of  phar- 
macy to  adopt  a  schedule  of  what  in  their  judgment  are  the 
most  suitable  common  antidotes  for  the  various  poisons  usu- 
ally sold.  After  the  board  has  adopted  the  schedule  of 
antidotes  as  herein  provided  for,  they  shall  have  the  same 
printed  and  shall  forward  by  mail  one  copy  to  each  person 
registered  upon  their  books,  and  to  any  other  person  apply- 
ing for  the  same.  The  particular  antidote  adopted  (and  no 
other)  shall  appear  on  the  poison  label,  provided  for  in  sec- 
tion 2  of  this  act,  or  be  attached  to  the  package  containing 
said  poison.  The  board  shall  have  power  to  revise  and 
amend  the  list  of  antidotes  from  time  to  time,  as  to  them 


POISON.  803 

may  seem  advisable.  The  entries  in  the  poison-book  and  the 
printed  or  written  matter  provided  for  in  sections  2  and  3 
of  this  act,  shall  be  in  the  English  language,  provided  that 
the  vender  of  said  poison  may  enter  the  same  in  any  foreign 
language  he  may  desire,  in  addition  to  said  entry  and  label 
in  English. 

Board  may  further  restrict  sales. 

Sec.  4.  AVhen  in  the  opinion  of  the  state  l)oard  of  phar- 
macy it  is  in  the  interest  of  the  public  health,  they  are  here- 
by empowered  to  further  restrict,  or  prohibit  the  ]'etail  sale 
of  any  poison  by  rules,  not  inconsistent  with  the  provisions  of 
this  act,  by  them  to  be  adopted,  and  which  rules  must  be 
applicable  to  all  persons  alike.  It  shall  be  the  duty  of  the 
board,  upon  request,  to  furnish  any  dealer  with  a  copy  ot 
the  laws  relating  to  articles,  preparations  and  compounds, 
the  sale  of  Avhich  is  prohibited  or  regulated  by  this  act. 
[Amendment  approved  June  11,  1913 ;  Stats.  1913,  p.  693. 
In  effect  August  10,  1913.] 

Duty  of  wholesale  dealers. 

Sec.  5.  Wholesale  dealei-s  and  phariuacists  shall  affix  or 
cause  to  be  affixed  to  every  bottle,  box,  parcel  or  other  in- 
closure  of  an  original  package  containing  any  of  the  articles 
named  in  schedule  "A"  the  additions  thereto,  or  in  sections 
8  and  9  of  this  act,  a  suital)le  label,  or  brand  with  the  Avord 
"poison"  but  they  are  hereby  exempted  from  the  registra- 
tion of  the  sale  of  such  articles  when  sold  at  wholesale  to  a 
registered  pharmacist,  physician,  dentist  or  veterinary  sur- 
geon duly  licensed  to  practice  in  the  state ;  provided,  that 
the  provisions  of  this  act  shall  not  apply  to  the  sale  of  such 
upon  the  prescriptions  of  practicing  physicians,  dentists  or 
veterinary  surgeons  who  are  duly  licensed  to  practice  in  this 
state. 

District  attorney  to  prosecute. 

Sec.  6.  It  is  hereby  made  the  duty  of  the  district  attorney 
of  the  county  wherein  any  violation  of  this  act  is  com- 
mitted, to  conduct  all  actions  and  prosecutions  for  the  same, 
at  the  request  of  the  board  of  pharmacy ;  provided,  how- 
ever, that  the  board  may  employ  special  counsel  to  assist  the 
district  attorney  in  such  actions  and  prosecutions.  [Amend- 
ment approved  June  11,  1913 ;  Stats.  1913,  p.  694.  In  effect 
August  10,  1913.] 


80-i  Al'l'EXDlX. 

Penalty  for  violations  regarding  poisons.     Disposition  of 
fines.     Schedule  "A."     Schedule  "B." 

8c(.'.  7.  Any  jicrsou  violating,'  nny  of  tlie  i)i'()vi.sioii.s  of  sec- 
tion 8  or  8a  of  tliis  act  shall  upon  conviction  thereof  be  guilty 
of  and  shall  be  punished  as  follows,  vi/. :  For  the  first  offense 
said  pei'son  so  (.'onvictcd  shall  be  deemed  guilty  of  a  misde- 
meanor and  shall  br  piniislicd  by  a  line  of  not  less  than  one 
hundred  dollars,  and  nut  to  exceed  four  hundred  dollars,  or 
by  imprisonment  for  not  lass  than  fifty  days  and  not  exceed- 
ing one  hundi'ed  and  eighty  days,  or  by  both  such  fine  and 
imprisonment ;  for  the  second  offense  said  person  so  convicted 
shall  be  deemed  guilty  of  a  misdemeanor  and  shall  be  punished 
by  a  fine  of  not  less  than  two  hundred  and  fifty  dollars,  and 
not  to  exceed  five  hundred  dollars,  or  by  imprisonment  for 
not  less  than  ninety  days  and  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment;  and  for  the  third  offense 
said  person  so  convicted  shall  be  deemed  guilty  .of  a  felony 
and  shall  be  punished  by  imprisonment  in  the  state  prison  for 
not  less  than  one  year  and  not  more  than  five  years.  Any  f)er- 
son  violating  any  of  the  provisions  of  this  act,  except  those 
contained  in  section  8  or  8a,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  shall  be  fined  in  a  sum  not  less 
than  thirty  dollai'S,  nor  more  than  two  hundred  dollars,  or  by 
imprisonment  for  not  less  than  thirty  days  and  not  more 
than  fifty  days,  or  by  both  such  fine  and  imprisonment.  All 
moneys,  forfeited  bail  or  fines,  received  under  the  operation 
of  this  act  shall  be  paid  by  the  magistrate  receiving  same, 
seventy-five  per  cent  to  the  state  board  of  pharmacy,  and 
twenty-five  per  cent  to  the  city  treasurer  of  the  city,  if  in- 
corporated, or  to  the  county  treasurer  of  the  county  in  which 
the  prosecution  is  conducted.  The  following  is  schedule 
*'A"  referred  to  in  section  1,  viz.,  Schedule  "A,"  arsenic,  its 
compounds  and  preparations,  corrosive  sublimate,  and  other 
poisonous  derivatives  of  mercury,  cyanide  of  potassium, 
strychnine,  hydrocyanic  acid,  oils  of  croton,  rue,  savin,  and 
tansj',  phosphorus  and  its  poisonous  derivatives  and  com- 
pounds, strophanthus  or  its  preparations,  aconite,  belladonna, 
uux  vomica,  veratrum  viride,  their  preparations,  alkaloids  or 
derivatives,  ant  poison  .containing  any  of  the  poisons  enumera- 
ted in  this  schedule. 

The  following  is  schedule  "B":  Hydrochloric  or  muriatic 
acid,  nitric  acid,  oxalic  acid,  sulphuric  acid,  bromine,  chloro- 
form, cowhage,  creosote,  ethei',  solution  of  formaldehyde  or 
formalin  ;  cantharides,  eoecrdns  indieus,  all  their  preparations; 
iodine,  or  its  tinctures,  oil  of  pennyroyal,  tartar  emetic,  and 


POISON.  S05 

other  poisonous  dei'ivatives  of  aiitiinoiiy,  sugar  of  lead,  sul- 
phate of  zinc,  Avooel  alcohol,  lysol  and  compound  solution  of 
cresol.  [Amendment  approved  June  1,  1915.  Stats.  1915, 
p.  1067.  Also  amended  May  27,  1915,  Stats.  1915,  p.  863. 
June  11,  1913.  Stats.  1913,  p.  694;  March  19.  1909,  Stats. 
1909,  p.  423.] 

Unlawful  to  sell  cocaine,  opium,  etc.,  except  on  physician's 
prescription.  Regulations  governing-  prescriptions. 
Report  of  habitual  users. 

Sec.  8.  It  shall  be  unlawful  for  any  person,  firm  or  corpo- 
ration to  sell,  furnish  or  give  away  or  offer  to  sell,  furnish  or 
give  away  or  to  have  in  their  or  his  povssession  any  cocaine, 
opium,  morphine,  codeine,  heroin,  alpha  eucaine,  beta  eucaine, 
nova  caine,  flowering  tops  and  leaves,  extracts,  tinctures  and 
other  narcotic  preparations  of  hemp  or  loco  weed  (Cannabis 
sativa),  Indian  hemp,  or  chloral  hydrate  or  any  of  the  salts, 
derivatives  or  compounds  of  the  foregoing  substances  or  any 
preparation  or  compound  containing  any  of  the  foregoing 
substances  or  their  salts,  derivatives  or  compounds  excepting 
upon  the  written  order  or  prescription  of  a  physician,  dentist 
or  veterinary  surgeon,  licensed  to  practice  in  this  state,  which 
order  or  prescription  shall  be  dated  and  shall  contain  the  name 
of  the  person  for  whom  prescribed,  written  in  by  the  person 
writing  said  prescription,  or  if  ordered  by  a  veterinary  sur- 
geon it  shall  state  the  kind  of  animal  for  which  ordered  and 
shall  be  signed  by  the  person  giving  the  prescription  or  order. 
Such  order  or  prescription  shall  be  permanently  retained  on 
file  by  the  person,  firm  or  corporation  who  shall  compound  or 
dispense  the  articles  ordered  or  prescribed  and  it  shall  not 
be  again  compounded  or  dispensed  if  each  fluid  or  avoirdupois 
ounce  contains  more  than  two  grains  of  opium  or  one  quarter 
grain  -of  morphine,  or  one  grain  of  codeine,  or  one-eighth 
grain  of  heroin  or  ten  grains  of  chloral  hydrate,  or  four  grains 
of  Indian  hemp  or  loco  weed  excepting  upon  the  written  order 
of  the  prescriber  for  each  and  every  subsequent  compounding 
and  dispensing.  No  copy  or  duplicate  of  such  Avritten  order 
or  prescription  shall  be  made  or  delivered  to  any  person  but 
the  original  shall  be  at  all  times  open  to  inspection  by  the 
prescriber  and  properly  authorized  officers  of  the  law  and  shall 
be  preserved  for  at  least  three  years  from  the  date  of  the  filing 
thereof;  provided,  that  the  above  provisions  shall  not  apply 
to  sales  at  wholesale  by  jobbers,  wholesalers  and  manufac- 
turers to  pharmacies,  as  defined  in  section  1  of  an  act  entitled 
''An  act  to  regulate  the  practice  of  pharmacy  in  the  state  of 
California  and  to  provide  a  penalty  for  the  violation  thereof; 


S06  APPENDIX. 

;iiul  fdi'  llic  ;i|)|i()iii1ii:('iil  of  a  hoard  to  he  known  as  the  Cali- 
t'oinia  State  Board  of  I'iiarinacy,"  approved  March  20,  1905, 
and  acts  auieiidat'ii-y  therc'of;  or  physicnans,  noi-  to  each  other, 
nor  to  llic  sale  a!  I'ctail  in  pharmacies  hy  pharniaeists  to 
physieians.  dentists  oi-  veterinai'y  snr.i^eonN  (hily  licensed  to 
l)raetice  in  tliis  state;  i)i'ovidcd,  I'ni'thcr,  that  all  such  whole- 
sale jobbers,  wholesalei's  and  manufacturers,  in  this  section 
mentioned  shall  keep  in  a  manner  readily  accessible,  the  writ- 
ten orders  or  blank  forms  required  to  be  preserved  under  the 
provisions  of  section  2  of  the  act  of  congress,  approved  Decem- 
ber 17,  1914,  relating  to  the  production,  importation,  manu- 
facture, compounding,  sale,  dispensing  or  giving  away  of 
opium  or  coca  leaves  and  salts,  derivatives  or  preparations. 
And  said  records  shall  always  be  open  for  inspection  by  any 
peace  officer  or  any  member  of  the  board  of  pharmacy  or  any 
inspector  authorized  by  said  board  and  such  records  shall 
be  preserved  for  at  least  two  years  after  the  date  of  the  last 
entry  therein.  The  taking  of  any  order,  or  making  of  any 
contract  or  agreement,  by  any  traveling  representative,  or  any 
employee,  of  any  person,  firm  or  corporation,  for  future  de- 
livery in  this  state,  of  any  of  the  articles  or  drugs  mentioned 
in  this  section  shall  be  deemed  a  sale  of  said  articles  or  drugs 
by  said  traveling  representative,  or  employee,  within  the  mean- 
ing of  the  provision  of  this  act ;  provided,  further,  that  a  true 
and  correct  copy  of  all  orders,  contracts  or  agreements  taken 
for  narcotic  drugs  specified  in  this  section  shall  be  forwarded 
by  registered  mail  to  the  secretary  of  the  California  state 
board  of  pharmacy  within  twenty-four  hours  after  the  taking 
of  such  order,  contract  or  agreement,  unless  such  order,  con- 
tract or  agreement  is  recorded  as  required  under  the  pro- 
visions of  section  2  of  an  act  of  congress,  approved  December 
17,  1914,.  relating  to  the  production,  importation,  manufac- 
ture, compounding,  sale,  dispensing  or  giving  away  of  opium 
or  coca  leaves,  their  salts,  derivatives  or  preparations  of  some 
wholesale  jobber,  wholesaler,  or  manufacturer  permanently 
located  in  this  state,  as  provided  for  in  this  section.  It  shall 
be  unlawful  for  any  practitioner  of  medicine,  dentistry  or 
veterinary  medicine  to  furnish  to  or  prescribe  for  the  use  of 
any  habitual  user  of  the  same,  or  of  any  one  representing 
himself  as  .such,  any  cocaine,  opium,  morphine,  codeine,  heroin, 
or  chloral  hydrate,  or  any  salt,  derivative  or  compound  of  the 
foregoing  substances  or  their  salts,  derivatives  or  compounds; 
and  it  shall  also  be  unlaAvful  for  any  practitioner  of  medicine 
or  dentistry  to  prescribe  any  of  the  foregoing  substances  for 
any  person  not  under  his  treatment  in  the  regular  practice 
of  his  pi-ofession,  or  for  any  veterinary  surgeon  to  prescribe 


POISON.  807 

auy  of  the  foreuoing  substances  for  the  use  of  any  human 
being';  provided,  liowever,  that  the  provisions  of  this  section 
shall  not  be  construed  to  prevent  any  duly  licensed  physician 
from  furnishino-  or  prescribing-  in  good  faith  as  their  physician 
by  them  employed  as  such,  for  any  habitnal  user  of  any  nar- 
cotic drugs  who  is  under  his  professional  care,  snch  substances 
as  he  may  deem  necessary  for  their  treatment,  when  such 
prescriptions  are  not  given  or  substances  furnished  for  the 
purpose  of  evading  the  purposes  of  this  act;  provided,  that 
such  licensed  physician  shall  report  in  writing,  over  his  sig- 
nature, by  registered  mail,  to  the  office  of  the  California  state 
board  of  pharmacy,  within  twenty-four  hours  after  the  first 
treatment,  each  and  every  habitual  user  of  such  narcotic  drugs 
as  are  enumerated  in  this  section,  whom  he  or  she  has  taken, 
in  good  faith,  under  his  or  her  professional  care,  for  the  cure 
of  such  habit,  such  report  to  contain  the  date,  name  and  ad- 
dress of  such  patient,  and  the  name  and  quantity  of  the  nar- 
cotic  or  narcotics  prescribed  in  such  treatment ;   provided, 
further,  that  the  provision  immediately  foregoing  shall  not 
apply  to  any  licensed  physician  treating  such  habitue  in  good 
faith  who  personally  administers  such  narcotics,  enumerated 
in  this  section,  after  writing  a  prescription  therefor;  and  pro- 
vided, further,  that  the  above  provisions  shall  not  apply  to 
preparations  sold  or  dispensed  without  a  physician's  prescrip- 
tion containing  not  more  than  two  grains  of  opium,  or  one- 
fourth  grain  of  morphine,  or  one  grain  of  codeine,  or  one- 
eighth  grain  of  heroin,  or  ten  grains  chloral  hydrate  or  four 
grains  of  Indian  hemp  or  loco  weed  in  one  fluid  ounce  or,  if 
a  solid  preparation,  in  one  ounce,  avoirdupois.      [Amendment 
approved  June  1,  1915.     Stats.  1915,  p.  1067.     Also  amended 
June  11,  1913.  Stats.  1913,  p.  695;  April  25,  1911,  Stats.  1911, 
p.  1106,  and  March  19,  1909,  Stats.  1909,  p.  424.] 

Unlawful  to  possess  opium  pipes. 

Sec.  8a.  The  possession  of  a^ipe  or  pipes  used  for  smoking 
opium  (commonly  known  as  opium  pipes)  or  the  usual  attach- 
ment or  attachments  thereto,  or  other  contrivances  used  for 
smoking  opium,  or  extracts,  tinctures  or  other  narcotic  prepa- 
rations of  hemp,  or  loco  weed,  their  preparations  or  com- 
pounds containing  more  than  four  grains  to  each  fluid  or 
avoirdupois  ounce  (except  corn  remedies  containing  not  more 
than  fifteen  grains  of  the  extract  or  fluid  extract  of  hemp  to 
the  ounce,  mixed  with  not  less  than  five  times  its  weight  of 
salicylic  acid  combined  with  collodion),  is  hereby  made  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  punishable 
by  the  penalties  prescribed  in  section  7  of  this  act.      [Amend- 


808  Al'l'KNUIX. 

iiiciil  ;i|.|)i()VC(l  J  line  1.  liMT).  Stats.  1J)15,  \).  1070.  Also 
aiiuiulcd  .lime  11,  liJi;i  Stats.  I!il3,  p.  697.  Section  added 
April  27y,  1!J1L     Stats.  1911,  p.  IIOS.] 

Opium  pipes  may  be  seized  by  peace  officers.     Pipes  to  be 
destroyed.     Sale  of  narcotics  seized. 

Sec.  Sb.  All  iiarcotie  drii.t;s  .speeilied  in  section  8  and  also 
all  pipes  used  for  smoking  opium  (commonly  known  as  opium 
pipes)  or  the  usual  attachments  thereto,  flowering  tops  and 
leaves,  or  extracts,  tinctures,  or  other  narcotic  preparations 
of  hemp,  or  loco  weed,  their  preparations  or  compounds  con- 
taining more  than  four  grains  of  Indian  hemp  or  loco  weed 
to  each  fluid  or  avoirdupois  ounce  (except  corn  remedies  con- 
taining not  more  than  fifteen  grains  of  the  extract  or  fluid 
extract  of  hemp  to  the  ounce,  mixed  with  not  less  than  five 
times  its  weight  of  salicylic  acid  combined  with  collodion), 
may  be  seized  by  any  peace  officer,  and  in  aid  of  such  seizure 
a  search-warrant  or  search-warrants  may  be  issued  in  the 
manner  and  form  prescribed  in  chapter  3  of  Title  XII  of 
Part  II  of  the  Penal  Code.  All  such  narcotic  drugs,  pipes 
used  for  smoking  opium  (commonly  known  as  opium  pipes) 
or  the  usual  attachments  thereto,  and  all  such  hemp  or  prepa- 
ration of  hemp  or  loco  weed  seized  under  the  provisions  of 
this  act  shall  be  ordered  destroyed  by  the  judge  of  the  court 
in  which  final  conviction  was  had;  said  order  of  destruction 
shall  contain  the  name  of  the  party  charged  with  the  duty 
of  destruction  as  herein  required ;  provided,  however,  that 
the  judge  shall  turn  all  such  evidence  over  to  the  California 
state  board  of  pharmacy  for  such  destruction ;  and  provided, 
further,  that  an}-  narcotic  drugs  specified  in  section  8,  opium 
pipes  and  the  usual  attachments  thereto,  or  smoking  opium, 
seized  under  the  provisions  of  this  act,  now  in  the  possession 
of  any  city  or  county  official  or  officials,  or  the  California  state 
board  of  pharmacy,  or  which  may  hereafter  come  into  their 
or  its  possession,  in  which  no  trial  was  had,  shall  be  delivered 
to  the  California  state  board  of  pharmacy  for  destruction  by 
said  board ;  provided,  however,  that  none  of  the  narcotic  drugs 
specified  jn  section  8,  opium  pipes  and  the  usual  attachments 
thei-eto,  or  smoking  opium  coming  into  the  possession  of  said 
board,  as  above  described,  shall  not  be  destroyed  within  a 
period  of  six  months  from  the  date  of  such  seizure;  and  pro- 
vided, further,  that  the  board  of  pharmacy  may  dispose  of 
all   narcotics  now   on  hand   or  hereafter  coming  into   their 


POISON.  809 

possession  (other  than  smoking-  opium),  either  by  gift  to  the 
medical  director  of  California  state  prisons  or  state  hospitals 
or  by  sale  to  wholesale  drug-gists,  the  funds  received  from  such 
sales  to  be  applied  by  the  board  of  pharmacy  to  the  carrying 
out  the  provisions  of  this  act  or  the  act  creating  such  Cali- 
fornia state  board  of  pharmacy.  [Amendment  approved  June 
1,  1915.  Stats.  1915.  p.  1070.  Also  amended  June  11,  1913. 
Stats.  1913,  p.  697.  Section  added  April  25,  1911.  Stats. 
1911,  p.  1108.] 

Revocation  of  pharmacist  registration. 

Sec.  8c.  The  board  may  revoke  the  registration  of  any 
registered  pharmacist  or  assistant  pharmacist  upon  convic- 
tion of  the  second  offense  for  violating  any  of  the  provisions 
of  section  8  or  8a  of  this  act,  and  in  such  case  said  registra- 
tion shall  not  be  restored  before  the  period  of  one  year  from 
the  date  of  said  revocation.  [Amendment  approved  June  1, 
1915.  Stats.  1915,  p.  1071.  Section  added  June  11,  1913. 
Stats.  1913,  p.  698.] 

Enforcement  of  Penal  Code,  section  307. 

Sec.  8d.  The  state  board  of  pharmacy  is  hereby  charged 
with  the  enforcement  of  the  provisions  of  section  307  of  the 
Penal  Code  and  all  fines,  moneys  or  forfeited  bail  imposed 
for  violation  of  said  section  upon  collection  shall  be  disposed 
of  as  is  provided  for  the  disposition  of  fines,  moneys  or  for- 
feited bail,  in  section  7  of  this  act.  [Amendment  approved 
June  1,  1915.  Stats.  1915,  p.  1071.  Section  added  June  11, 
1913.  Stats.  1913,  p.  698.] 
Sale  of  carbolic  acid  and  paregoric  prohibited. 

See.  9.  The  sale  or  furnishing  of  carbolic  acid  (phenol)  in 
quantities  of  less  than  one  pound,  paregoric  in  quantities  of 
more  than  one  fluid  ounce,  is  prohibited  unless  upon  the  pre- 
scription of  a  physician,  dentist  or  veterinary  surgeon  duly 
licensed  to  practice  in  this  state,  but  this  prohibition  shall 
not  apply  to  solution  of  carbolic  acid  (phenol)  containing  not 
over  ten  per  cent  of  the  carbolic  acid  (phenol)  and  not  less 
than  ten  per  cent  of  ethyl  alcohol.  All  sales  of  carbolic 
acid  (phenol)  thus  diluted  so  as  to  contain  no  more  than  ten 
per  cent  of  carbolic  acid  (phenol)  may  be  made  under  the 
same  conditions  as  the  drugs  enumerated  in  schedule  "B"  as 
found  in  section  7,  but  sales  of  carbolic  acid  (phenol)  contain- 
ing more  than  ten  per  cent  of  said  acid  shall  be  registered 
subiect  to  the  sanif^  rcfrulation  a.s  the  poisons  enumerated  in 


810  AI'l'KXDIX. 

schedule  "A"  as  I'oiiiid  in  seclioii  7.  [ Aincndnient  approved 
June  1,  1915.  Stals.  l!)!.").  [).  1071.  Also  amended  April  25, 
1911,  Stats.  1911,  p.  1108,  and  March  19,  1909,  Stats.  1909, 
p.  425.] 

POLICE. 

An  Act  to  create  a  police  relief,  liealih,  and  life  insurance 
and  pension  fund  in  ike  several  counties,  cities  and  coun- 
ties, cities,  and  towns  of  the  state. 

[1.  Approved  March  4,  LSS9;  Stats.  1889,  p.  56.  2.  Amended  March  31, 
1891;  Stats.  1891,  p.  287.  3.  Amended  March  31,  1891;  Stats.  1891, 
p.  4()9.     4.  Amended  March  2,  1897;  Stats.  1897,  p.  52.] 

§    1.  "Wlio  to  constitute  board  of  trustees  of  police  relief  or  pension 

fund. 

§    2.  Organization  and  officers. 

§    3.  Qualifications  to  receive  pension. 

§    4.  Physical  disability.     Eestoration. 

§    5.  Evidence   of  disabilitj^  to  be  filed. 

§    6.  Pension  to  family. 

§    7.  Stipulated  sum  to  family. 

§    8.  Ee-examination. 

§    9.  Forfeiture  of  pension. 

§  10.  Meetings,  and  duties  of  board. 

§  11.  Other  powers  of  board. 

§  12.  Annual  payments  into  fund  by  supervisors. 

§  13.  Mergement  of  other  insurance  funds. 

§  14.  Eeports. 

§  15.  Conflicting  acts  repealed.  ^ 

§  16.  Act  takes  effect  when. 

Who  to  constitute  board  of  trustees  of  police  relief  or  pen- 
sion fund. 

Section  1.  The  chairman  of  the  board  of  supervisors  of 
the  county,  city  and  county,  city,  or  incorporated  town  in 
which  there  is -no  board  of  police  commissioners,  the  treas- 
urer of  the  county,  city  and  county,  or  incorporated  town, 
and  the  chief  of  police,  and  their  successors  in  office,  are 
hereby  constituted  a  board  of  trustees  of  the  police  relief 
or  pension  fund  of  the  police  department,  to  provide  for  the 
disbursement  of  the  same  and  to  designate  the  beneficiaries 
thereof,  as  hereinafter  directed,  which  board  shall  be  known 
as  the  "Board  of  Police  Pension  Fund  Commissioners"; 
provided,  however,  that  where  there  is  in  any  county,  city 
and  county,  city,  or  town,  a  boar-d  of  police  commissioners, 
then  such  body  shall  constitute  said  board  of  trustees  of  the 
police  relief  and  pension  fund  of  the  police  department. 
[Amendment  approved  March  31,  1891;  Stats.  1891,  p.  469.] 

Organization  and  officers. 

Sec.  2.  They  shall  organize  as  such  board  by  choosing 
one  of    their  number  as  chairman,  and    by  appointing   a 


POLICE.  811 

secretary.  The  treasurer  of  the  county,  city  and  county, 
city,  or  town  shall  be  ex  officio  treasurer  of  said  fund.  Such 
board  of  trustees  shall  have  charge  of  and  administer  said 
fund,  and  to  order  payments  therefrom  in  pursuance  of  the 
provisions  of  this  act.  They  shall  report  annually,  in 
the  month  of  June,  to  the  board  of  supervisors,  or  other 
governing  authority  of  the  county,  city  and  county,  city, 
or  incorijorated  town,  the  condition  of  the  police  relief  and 
pension  fund,  and  the  receipts  and  disbursements  on  account 
of  the  same,  with  a  full  and  complete  list  of  the  beneficiaries 
of  said  fund  and  the  amounts  paid  them.  [Amendment 
approved  March  31,  1891;  Stats.  1891,  p.  469.] 

Qualifications  to  receive  pension. 

Sec.  3.  Whenever  any  person  at  the  taking  effect  of  this 
act,  or  thereafter,  shall  have  heen  duly  appointed  or 
selected,  and  sworn,  and  have  served  for  twenty  years,  or 
more,  in  the  aggregate,  as  a  member,  in  any  capacity  or 
any  rank  whatever,  of  the  regularly  constituted  police  de- 
partment of  any  such  county,  city  and  county,  city,  or  town 
which  may  hereafter  be  subject  to  the  provisions  of  this  act, 
said  board  may,  if  it  see  fit,  order  and  direct  that  such  per- 
son, after  becoming  sixty  years  of  age,  be  retired  from 
further  service  in  such  police  department,  and  from  the  date 
of  the  making  of  such  order  the  service  of  such  person  in 
such  police  department  shall  cease,  and  such  person  so  re- 
tired shall  thereafter,  during  his  lifetime,  be  paid  from  such 
fund  a  yearly  pension  equal  to  one  half  of  the  amount  of 
salary  attached  to  the  rank  which  he  may  have  held  in  said 
police  department  for  the  period  of  one  year  next  preceding 
the  date  of  such  retirement.  [Amendment  approved  I\Iarch 
2,  1897;  Stats.  1897,  p.  52.] 

Physical  disability.     Restoration. 

Sec.  4.  Whenever  any  person,  A\hile  serving  as  a  police- 
man in  any  such  county,  city  and  county,  city,  or  town, 
shall  become  physically  disabled  by  reason  of  any  bodily 
injury  received  in  the  immediate  or  direct  performance  or 
discharge  of  his  duty  as  such  policeman,  said  board  may, 
upon  his  written  request,  or  without  such  request,  if  it  deem 
it  to  be  for  the  good  of  said  police  force,  retire  such  person 
from  said  department,  and  order  and  direct  that  he  shall 
be  paid  from  said  fund,  during  his  lifetime,  a  yearly  pen- 
sion equal  to  one  half  of  the  amount  of  salary  attached  to 
the  rank  wdiich  he  may  have  held  on  such  police  force  at 
the  date  of  such  retirement,  but  on  the  death  of  such  pen- 
sioner his  heirs  or  assigns  shall  have  no  claim  against  or 


812  APPENDIX. 

upon  such  poiieo  I'clicl"  or  ))Oiisi()ii  fuiKl;  ])r()vi(l('d,  lluit 
whenevor  such  (lisal)ilily  slmll  cease  such  ])eiision  shall 
cease,  and  such  i)ersou  shall  be  restored  to  active  service  at 
the  same  salary  he  received  at  the  time  of  his  retirement. 
[Amendment  approved  March  2.  1897;,  Stats.  1897,  p.  52.] 

Evidence  of  disability  to  be  filed. 

Sec.  5.  No  person  shall  be  retired,  as  provided  in  the 
next  preceding  section,  or  receive  any  benefit  from  said 
fund,  unless  there  shall  be  filed  with  said  board  certificates 
of  his  disability,  which  certificates  shall  be  subscribed  and 
sworn  to  by  said  pei-son,  and  by  the  county,  city  and  county, 
city,  or  town  physician  (if  there  be  one),  and  tAvo  regularly 
licensed  i)racticing  physicians  of  such  county,  city  and 
county,  city,  or  town,  and  such  board  may  require  other 
evidence  of  disability  before  ordering  such  retirement  and 
payment  as  aforesaid. 

Pension  to  family. 

Sec.  G.  AVhcncver  any  member  of  the  police  department 
of  such  county,  city  and  county,  city,  or  town  shall  lose  his 
life  while  in  the  performance  of  his  duty,  leaving  a  widow, 
or  child  or  children  under  the  age  of  sixteen  years,  then 
upon  satisfactory  proof  of  such  facts  made  to  it,  such  board 
shall  order  and  direct  that  a  yearly  pension,  equal  to  one 
third  the  amount  of  the  salary  attached  to  the  rank  Avhich 
such  member  held  in  said  police  department  at  the  time 
of  his  death,  shall  be  paid  to  such  widow  during  her  life,  or 
if  no  wddow,  then  to  the  child  or  children,  until  they  shall 
be  sixteen  years  of  age;  provided,  if  such  widow,  or  child 
or  children,  shall  marry,  then  such  person  so  marrying  shall 
thereafter  receive  no  further  pension  from  such  fund. 

Stipulated  sum  to  family. 

Sec.  7.  AVhenever  any  member  of  the  police  department 
of  such  county,  city  and  county,  city,  or  town,  shall,  after 
ten  years  of  service,  die  from  natural  causes,  then  his  widow 
or  children,  or  if  there  be  no  widow  or  children,  then  his 
mother  or  unmarried  sisters,  shall  be  entitled  to  the  sum 
of  one  thousand  dollars  from  such  fund.  [Amendment 
approved  March  31,  1891;  Stats.  1891,  p.  287. 

Re-examination. 

Sec.  8.  Any  person  retired  for  disability  under  this  act 
may  be  summoned  before  the  boai'd  herein  provided  for  at 
any  time  thereafter,  and  shall  submit  himself  thereto  for 
examination  as  to  his  fitness  for  duty,  and  shall  al)ide 
the  decision  and  order  of  such  board  with  i-eference  thereto; 


POLICE.  813 

and  all  nieiubers  oL"  the  police  force  who  may  be  retired 
under  the  provisions  of  this  act  wshall  report  to  the  chief  of 
police  of  the  county,  city  and  county,  city,  or  tOAvn  where 
so  retired,  on  the  first  Mondays  of  April,  July,  October,  and 
January  of  each  year;  and  in  cases  of  great  ])ublic  emer- 
gency may  be  assigned  to  and  shall  perform  such  duty  as 
said  chief  of  police  may  direct ;  and  such  persons  shall  have 
no  claim  against  the  county,  city  and  county,  city,  or  town 
for  payment  for  such  duty  so  performed. 

Forfeiture  of  pension. 

Sec.  9.  AVhen  any  person  who  shall  have  received  any 
benefit  from  said  fund  shall  be  convicted  of  any  felony,  or 
shall  become  an  habitual  drunkard,  or  shall  become  a  non- 
resident of  this  state,  or  shall  fail  to  report  himself  for 
examination  for  duty  as  required  herein,  unless  excused 
by  the  board,  or  shall  disobey  the  requirements  of  said 
board  under  this  act,  in  respect  to  said  examination  or  duty, 
then  such  board  shall  order  that  such  pension  allowance  as 
may  have  been  granted  to  such  person  shall  immediately 
cease,  and  such  person  shall  receive  no  further  pension, 
allowance,  or  benefit  under  tliis  act. 

Meeting's,  and  duties  of  board. 

Sec.  10.  The  board  herein  provided  for  shall  hold  quar- 
terly meetings  on  the  first  IMondays  of  April,  July,  October, 
and  January  of  each  year,  and  upon  the  call  of  its  presi- 
dent ;  it  shall  biennially  select  from  its  members  a  president 
and  secretary ;  it  shall  issue  warrants,  signed  by  its  presi- 
dent and  secretary,  to  the  persons  entitled  thereto  of  the 
amount  of  money  ordered  paid  to  such  persons  from  such 
fund  by  said  board,  which  warrant  shall  state  for  what  pur- 
.  pose  such  payment  is  to  be  made ;  it  shall  keep  a  record 
of  all  its  proceedings,  which  record  shall  be  a  public  record ; 
it  shall  at  each  quarterly  meeting  send  to  the  treasurer  of 
the  county,  city  and  county,  city,  or  towai,  and  to  the  auditor 
of  such  county,  city  and  county,  city,  or  town,  a  written 
or  printed  list  of  all  persons  entitled  to  payment  from  the 
fund  herein  provided  for,  stating  the  amount  of  such  pay- 
ments and  for  what  granted,  which  list  shall  be  certified 
to  and  signed  by  the  president  and  secretary  of  such  board, 
attested  under  oath.  The  auditor  shall  thereupon  enter  a 
copy  of  said  list  upon  a  book  to  be  kept  for  that  purpose, 
and  which  shall  be  known  as  "the  police  relief  and  pension 
fund"  book.  AVhen  such  list  has  been  entered  by  the  audi- 
tor he  shall  transmit  the  same  to  the  board  of  supervisors, 
or    other    governing    authority    of   such    county,    cit}^    and 


814  Al'l'KXDIX. 

cuuiily,  cily,  ()!■  town,  wliicli  hoard  or  autlioiMly  shall  oi'dci" 
the  payiuoiit  of  tlie  amounts  named  therein  out  of  "tlie  police 
relief  and  pension  fund."  A  majority  of  all  the  menil)ers  of 
said  boaj'd  herein  provided  for  shall  constitute  a  quorum 
and  1iav(>  ])o\\('i"  to  transaet  liusiiiess. 

Other  powers  of  board. 

Sec.  11.  The  hoai'd  luM-cin  ])i'ovided  for  shall,  in  addition 
to  other  powers  herein  granted,  have  power: 

First — To  compel  witnesses  to  attend  and  testify  before 
it,  upon  all  matters  connected  with  the  operation  of  this  act, 
in  the  same  manner  as  is  or  may  be  provided  by  law  for  the 
taking"  of  testimony  before  notaries  public;  and  its  presi- 
dent, or  any  member  of  said  board,  may  administer  oaths 
to  such  witnesses. 

Second — To  appoint  a  secretary,  and  to  provide  for  the 
payment  from  said  fund  of  all  its  necessary  expenses,  in- 
cluding secretary  hire  and  printing ;  provided,  that  no  com- 
pensation or  emolument  shall  be  paid  to  any  member  of  said 
board  for  any  duty  required  or  performed  under  this  act. 

Third — To  make  all  needful  rules  and  regulations  for  its 
guidance,  in  conformity  -with  the  provisions  of  this  act. 

Annual  payments  into  fund  by  supervisors. 

Sec.  12.  The  board  of  supervisors,  or  other  governing 
authority,  of  any  county,  city  and  county,  city,  or  town 
shall,  for  the  purposes  of  said  '' police  relief  and  pension 
fund"  hereinbefore  mentioned,  direct  the  payment  annually, 
and  when  the  tax  levy  is  made,  into  said  fund,  of  the  follow- 
ing moneys : 

First — Not  less  than  five  nor  more  than  ten  per  centum 
of  all  moneys  collected  and  received  from  licenses  for  the 
keeping  of  places  wherein  spirituous,  malt,  or  other  intoxi- 
cating liquors  are  sold. 

Second — One  half  of  all  moneys  received  from  taxes  or 
from  licenses  upon  dogs. 

Third — All  moneys  received  from  fines  imposed  upon  the 
members  of  the  police  force  of  said  county,  city  and  county, 
city,  or  town,  for  violation  of  the  rules  and  regulations  of 
the  police  department. 

Fourth — All  proceeds  of  sales  of  unclaimed  property. 

Fifth — Not  less  than  one  fourth  nor  more  than  one  half 
of  all  moneys  received  from  licenses  from  pawnbrokers, 
billiard-hall  keepers,  second-hand  dealers,  and  junk-stores. 

Sixth — All  moneys  received  from  fines  for  carrying  con- 
cealed weapons. 


POLICE.  815 

Seventh — Twenty-five  per  centum  of  all  fines  collected  in 
money  for  violation  of  county,  city  and  county,  city,  or  town 
ordinances. 

Eighth — All  rewards  given  or  paid  to  members  of  such 
police  force,  except  such  as  shall  be  excepted  by  the  chief 
of  police. 

Ninth — The  treasurer  of  any  county,  city  and  county, 
city,  or  town  shall  retain  from  the  pay  of  each  member  of 
police  department  the  sum  of  two  dollars  per  month,  to  be 
forthwith  paid  into  said  police  relief  and  pension  fund,  and 
no  other  or  further  retention  or  deduction  shall  be  made 
from  such  pay  for  any  other  fund  or  purpose  whatever. 

Merg-ement  of  other  insurance  funds. 

Sec.  13.  Any  police,  life,  and  liealth  insurance  fund,  or 
any  fund  provided  by  law,  heretofore  existing  in  any 
county,  city  and  county,  city,  or  town,  for  the  relief  or  pen- 
sioning of  police-officers,  or  their  life  or  health  insurance, 
or  for  the  payment  of  a  sum  of  money  on  their  death,  shall 
be  merged  with,  paid  into,  and  constitute  a  part  of  the  fund 
created  under  the  provisions  of  this  act ;  and  no  pei'son  who 
has  resigned  or  been  dismissed  from  said  police  department 
shall  be  entitled  to  any  relief  from  such  fund ;  provided, 
that  any  person  who,  within  one  year  prior  to  the  passage 
of  this  act,  has  been  dismissed  from  the  police  department 
for  incompetency  or  inefficiency,  and  which  incompetency 
or  inefficiency  was  caused  solely  by  sickness  or  disability 
contracted  or  suffered  while  in  service  as  a  member  thereof, 
and  who  has,  prior  to  said  dismissal,  served  for  twelve  or 
more  years  as  such  member,  shall  be  entitled  to  all  the  bene- 
fits of  this  act. 

Reports. 

Sec.  14.  On  the  last  day  of  June  of  each  year,  or  as  soon 
thereafter  as  practicable,  the  auditor  of  such  county,  city 
and  county,  city,  or  town  shall  make  a  report  to  the  board 
of  supervisors,  or  other  governing  authority  of  such  county, 
city  and  country,  city,  or  town,  of  all  moneys  paid  out  on 
account  of  said  fund  during  the  previous  year,  and  of  the 
amount  then  to  the  credit  of  the  "police  relief  and  pension 
fund,"  and  all  surplus  of  said  fund  then  remaining  in  said 
fund  exceeding  the  average  amount  per  year  paid  out  on 
account  of  said  fund  during  the  three  years  next  preceding, 
shall  be  transferred  to  and  become  a  part  of  the  general 
fund  of  every  such  county,  city  and  county,  city,  or  town, 
and  no  longer  under  the  control  of  said  board,  or  subject 


Sl(i  APPENDIX. 

1()   its   oi-dcr.      I'ayiiiciits   j)r()\  idcd    I'or   in   lliis  a<*t   shall    he 
ina(l<'  (|iiart('i'ly,  iipdii  proper  Noiu'liers. 

Conflicting"  acts  repealed. 

Si'c.  If).  All  ads  oi-  ))ar1s  of  acts  in  conflict  with  the 
provisions  of  tliis  act   are  hei'chy  I'cjx'aled. 

Act  takes  eff"ect  when. 

Sec.  1().  This  act  shall  take  effect  from  and  after  its 
passage. 

Rights  of  officer  in  fund:      See  Peunie  v.  Eeis,  132  U.  S.  464. 

Aii,  Act  to  provide  for  the  compensation  of  the  chief  and 
captain  of  police  and  police-officers,  in  cities  in  the  state 
of  California  containing  not  less  than  ten  thousand  and 
not  exceeding  twenty -five  thousand  inhabitants. 
[Approved  March  23,  1893;  Stats.  1893,  p.  280.] 

Act  unconstitutional.     This  act  was  declared  unconstitutional  in 
Darcy  v.  Mayor  of  San  Jose,  104  Cal.  642. 

An  Act  to  increase  the  police  force  of  the  various  cities,  and 
cities  and  counties,  and  towns,  of  the  state,  and  to  pro- 
vide for  the  appointment  of  such  extra  police-officers,  and 
for  the  payment  of  their  salaries. 

[Approved  February  24,  1891;  Stats.  1891,  p.  10.] 

§  1.     Police  forces.     How  appointed. 

§  2.     Salaries. 

§  3.     Wlio   included  in  terras   "common   council,"   "board   of   trustees," 

and  "board  of  supervisors." 
§  4.     Act  takes  effect  when. 

Police  forces.     How  appointed. 

Section  1.  The  board  of  supervisors,  board  of  trustees,  or 
common  council  of  a  city,  or  city  and  county,  or  town, 
of  this  state,  of  the  first,  second,  or  fourtli  classes,  are 
hereby  authorized  and  empowered  to  increase  the  police 
force  of  their  respective  cities,  and  cities  and  counties,  or 
towns,  from  time  to  time,  as  may  be  deemed  necessary  by 
said  common  council,  board  of  trustees,  or  board  of  super- 
visors;  provided,  that  the  police  force  in  any  city,  or  city 
and  county,  shall  not  exceed  in  the  aggregate,  at  any  time, 
one  member  for  every  five  hundred  inhabitants  of  such  city, 
or  city  and  county ;  provided  further,  that  in  cities  of  the 
third  class  the  police  force  shall  not  exceed  in  the  aggre- 
gate, at  any  time,  one  member  for  every  one  thousand 
inhabitants  of  said  cities,  according  to  the  latest  census  of 


POLICE.  817 

the  United  States;  said  additional  police  force  to  be  ap- 
pointed by  the  board  of  police  commissioners  or  other  board 
or  authority  now  by  law  empowered  to  appoint  police- 
officers  in  their  respective  cities,  or  cities  and  counties,  or 
towns. 

Salaries. 

Sec.  2.  The  salary  of  additional  police-officers  hereby 
authorized  shall  be  of  the  same  amounts  for  each  officer  as 
is  now  paid  by  law  to  the  other  members  of  such  police  force 
in  their  respective  cities,  or  cities  and  counties,  or  towns ; 
and  said  additional  police-officers  shall  be  paid  at  the  same 
time  and  in  the  same  manner  and  out  of  the  same  fund  as 
the  other  members  of  their  respective  police  forces  are  now 
or  shall  hereafter  be  paid. 

Who  included  in  terms  "common  council,"  "board  of  trus- 
tees," and  "board  of  supervisors." 

Sec.  3.  The  terms  common  council,  board  of  trustees, 
and  board  of  supervisors  are  hereby  declared  to  include  any 
body  or  board  which,  under  the  law,  is  the  legislative  de- 
partment of  the  government  of  any  city,  or  city  and 
county,  or  towns. 

Act  takes  effect  when. 

Sec.~4.  This  act  shall  be  in  force  and  effect  from  and 
after  its  passage. 

•  All  Act  autkorizing  a)id  requiring  hoards  or  commissions  hav- 
ing the  management  and  control  of  paid  police  force  to 
grant  the  members  thereof  yearly  vacations. 

[1.  Approved  March  10,  1891;  Stats.  1891,  p.  47.     2.  Amended  Febru- 
ary 28,  19U7;  Stats.  1907,  p.  62.] 

Leaves  of  absence  of  police-officers,  with  pay. 

Section  1.  In  every  city  or  city  and  county  of  this  state 
where  there  is  a  regular  organized  paid  police  force,  the 
board  of  supervisors,  common  council,  commissions  or  other 
body  having  the  management  and  control  of  the  same  must 
once  in  every  year  provide  for  granting  every  member 
thereof  a  leave  of  absence  from  active  duty  for  a  period  of 
fifteen  days.  Leaves  of  absence  so  granted  must  be  ar- 
ranged by  said  board  or  commission  so  as  not  to  interfere 
with  the  police  protection  of  any  such  city,  or  city  and 
county ;  and  leaves  of  absence  granted  in  case  of  sickness  or 
in  consideration  of  wounds  or  injuries  received  while 
in  the  discharge  of  duty  shall  not  be  construed  to  be  or  be- 

Fen.  Code — 52 


818  Al'I'KNHIX. 

••t)ni('  a  part  of  the  Icin'c  of  absence  ])i-()\-i(l('(l  for  hy  lliis  act. 
No  deduction  nuist  l>o  made  from  the  pay  of  any  police- 
officer  granted  leave  of  absence  under  the  provisions  of  this 
act.  [Amendment  approved  February  28,  1907 ;  Stats.  1907, 
p.  62.] 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  olTcct   imnuMliatcly. 

Ah  Act  rcgulcUing  the  liours  of  service  on  regular  duty  by 
menihers  of  the  police  department  of  cities  of  the  first 
class,  cities  and  counties,  cities  of  the  first  and  one  half 
class,  and  cities  of  the  second  class. 

[Approved  February  27,  1903;  Stats.  1903,  p.  51.] 

Hours  of  duty  of  police-officers. 

Section  1.  In  all  cities  of  the  first  class,  cities  and  coun- 
ties, cities  of  the  first  and  one  half  class,  and  cities  of  the 
second  class  of  this  state  where  a  regular  police  department 
is  maintained,  patrol  captains,  lieutenants,  sergeants,  and 
regular  officers  shall  be  required  to  serve  on  duty  not  longer 
than  eight  hours  in  every  twenty-four  hours ;  provided,  that 
in  case  of  riot  or  other  emergency,  every  attache  of  the 
police  department  shall  perform  such  duty  and  for  such 
time  as  the  directing  authority  of  the  department  shall 
require. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 

An  Act  to  provide  for  the  appointmoit  of  policemen  ivitJi 
the  poivers  of  peace-officers,  to  serve  upon  the  premises, 
cars  or  boats  of  railroad  and  steamship  companies. 
[Approved  March  23,  1901;  Stats.  1901,  p.  666.] 

§  1.     Governor  to  appoint  policemen  for  railroad  and   steamboat   cor- 
porations. 
§  2.     Officers  to  wear  visible  shield. 
§  3.     Act  takes  effect  when. 

Governor  to  appoint  policemen  for  railroad  and  steamboat 
corporations. 

Section  1.  The  governor  of  the  state  of  California  is 
hereby  authorized  and  empowered,  upon  the  application  of 
any  railroad  or  steamboat  company,  to  appoint  and  commis- 
sion during  his  pleasure  one  or  more  persons  designated  by 
such  company  and  to  serve  at  the  expense  of  such  company, 
as  policeman  or  policemen,  with  the  powers  of  pea>ce-officers. 


PUBLIC   HEALTH.  819 

and  who,  after  being  duly  sworn,  may  act  as  such  policeman 
or  policemen  upon  the  premises,  cars  or  boats  of  such  com- 
pany. The  company  designating-  such  person  or  persons 
shall  be  responsible  civilly  for  any  abuse  of  his  or  their 
authority. 

Officers  to  wear  visible  shield. 

Sec.  2.  Every  such  policeman  shall,  when  on  duty,  wear 
in  plain  view  a  shield  bearing  the  words  "railroad  police," 
or  "steamboat  police,"  as  the  case  may  be,  and  the  name 
of  the  company  for  which  he  is  commissioned. 

Act  takes  effect  when. 

Sec.  3.     This  act  shall  take  effect  immediately. 

An  Act  relating  to  senior  riglits  of  mcmhers  of  paid  police 
departments  of  counties,  cities  and  counties,  cities  or 
towns. 

[Approved  February  23,  1907;  Stats.  1907,  p.  46.] 

Police  department.     Senior  rights  in  assignment  of  duty. 

Section  1.  Whenever  a  member  of  a  paid  police  de]iart- 
ment  of  any  county,  city  and  county,  city  or  town  shall  have 
served  ten  years  as  a  member  of  such  police  department, 
he  shall  be  entitled  to  senior  rights  in  assignment  of  duties, 
and  shall  be  entitled  to  day-work  in  preference  to  members 
of  such  department,  who  have  served  less  than  ten  years. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 

PUBLIC  HEALTH. 

An  Act  to  protect  public  health  from  infection  caused  by  ex- 
humation and  removal  of  the  remains  of  deceased 
persons. 

[1.  Approved    April    1,    1878;    Stats.    1877-78,    p.    1050.     2.  Amended 
March  13,  1889;  Stats.  1889,  p.  139.] 

§  1.  Disinterring  bodies  unlawful  without  permit. 

§  2.  Permits  granted  upon  what.     Contents  of  permit. 

§  3.  Misdemeanor.     Transportation  of  bodies,  etc. 

§  4.  Misdemeanor. 

§  5.  Eeward  for  information. 

§  6.  Removal  of  remains  of  deceased  persons. 

§  7.  Act  takes  effect  when. 

Disinterring  bodies  unlawful  without  permit. 

Section  1.  It  shall  be  unlaAvful  to  disinter  or  exhume 
from  a  grave,  vault,  or  other  burial-place,  the  body  or  re- 


820  API'EXDIX. 

mains  o\'  any  dccMMscd  person,  unlrss  llic  person  or  pei'soiis 
so  doing  shall  fii'sl  obtain,  iVoni  the  hoai-d  of  In^alth,  hoalth- 
oPfiooi",  mayo?-,  of  otlier  head  of  the  mnnioipal  frovei-nniont 
ol'  Ihe  cily,  town,  or  city  and  county  where  the  same  are 
deposited,  a  jx'i'iiiit  for  said  |)ur|)ose.  Nor  shall  such  body 
or  rcMuaiiis  disintxM-i-cd,  exhiunod,  oi-  takcMi  from  any  grave, 
vault,  or  other  phice  ol"  l)urial  or  deposit,  he  removed  or 
transported  in  or  through  the  streets  or  highways  of  any 
city,  town,  or  city  and  county,  unless  the  person  or  persons 
removing  or  transporting  such  body  or  remains  shall  first 
obtain,  from  the  board  of  health  or  health-officer  (if  such 
board  or  officer  there  be),  and  from  the  mayor  or  other  head 
of  the  municipal  government  of  the  city  or  town,  or  city 
and  county,  a  permit,  in  writing,  so  to  remove  or  transport 
such  body  or  remains  in  and  through  such  streets  and  high- 
ways. 

Permits  granted  upon  what.     Contents  of  permit. 

Sec.  2.  Permits  to  disinter  or  exhume  the  bodies  or  re- 
mains of  deceased  persons,  as  in  the  last  section,  may  be 
granted,  provided  the  person  applying  therefor  shall  pro- 
duce a  certificate  from  the  coroner,  the  physician  Avho  at- 
tended such  deceased  person,  or  other  physician  in  good 
standing  cognizant  of  the  facts,  which  certificate  shall  state 
the  cause  of  death  or  disease  of  which  the  person  died,  and 
also  the  age  and  sex  of  such  deceased ;  and  provided,  fur- 
ther, that  the  body  or  remains  of  deceased  shall  be  inclosed 
in  a  metallic  case  or  coffin,  sealed  in  such  manner  as  to  pre- 
vent, as  far  as  practicable,  any  noxious  or  offensive  odor 
or  effluvia  escaping  therefrom,  and  that  such  case  or  coffin 
contains  the  body  or  remains  of  but  one  person,  except 
where  infant  children  of  the  same  parent  or  parents,  or 
parent  and  children  are  contained  in  such  case  or  coffin. 
And  the  permit  shall  contain  the  above  conditions  and  the 

words  "Permit  to  remove  and  transport  the  body  of , 

age  ,  sex ,    ["]    and  the  name,  age,  and  sex  shall 

be  written  therein.  The  officer  of  the  municipal  government 
of  the  city  or  town,  or  city  and  county,  granting  such  per- 
mit, shall  require  to  be  paid  for  each  permit  the  sum  of 
ten  dollars,  to  be  kept  as  a  separate  fund  by  the  treasurer, 
and  which  shall  be  used  in  defraying  expenses  of  and  in 
respect  to  such  permits,  and  for  the  inspection  of  the  metal- 
lic cases,  coffins,  and  inclosing  boxes  herein  required;  and 
an  account  of  such  moneys  shall  be  embraced  in  the  accounts 
and  statements  of  the  treasurer  having  the  custody  thereof. 


PUBLIC   HEALTH.  821 

Misdemeanor.     Transportation  of  bodies,  etc. 

Sec.  3.  Any  person  or  persons  who  shall  disinter,  ex- 
hume, or  remove,  or  cause  to  be  disinterred,  exhumed, 
or  removed  from  a  grave,  vault,  or  other  receptacle  or 
burial-place,  the  body  or  remains  of  a  deceased  person,  with- 
out a  permit  therefor,  shall  be  guilty  of  a  misdemeanor,  and 
be  punished  by  fine  not  less  than  fifty  nor  more  than  five, 
hundred  dollars,  or  by  imiDrisonment  in  the  county  jail  for 
not  less  than  thirty  days,  nor  more  than  six  months,  or  by 
both  such  fine  and  imprisonment.  Nor  shall  it  be  lawful 
to  receive  such  body,  bones,  or  remains  on  any  vehicle,  car, 
barge,  boat,  ship,  steamship,  steamboat,  or  vessel,  for  trans- 
portation in  or  from  this  state,  unless  the  permit  to  transport 
the  same  is  first  received,  and  is  retained  in  evidence  by  the 
owner,  driver,  agent,  superintendent,  or  master  of  the 
vehicle,  car,  or  vessel. 

Misdemeanor. 

Sec.  4.  An.v  person  or  persons  who  shall  move  or  trans- 
port, or  cause  to  be  moved  or  transported,  on  or  through 
the  streets  or  highways  of  any  city  or  town,  or  city  and 
county,  of  this  state,  the  body  or  remains  of  a  deceased  per- 
son, who  shall  have  been  disinterred  or  exhumed  without  a 
permit,  as  described  in  section  two  of  this  act,  shall  be  guilty 
of  a  misdemeanor,  and  be  punishable  as  provided  in  section 
three  of  this  act. 

Reward  for  information. 

Sec.  5.  Any  person  who  shall  give  information  to  secure 
the  conviction  of  any  person  or  persons  for  the  violation  of 
the  provisions  of  this  act,  shall  be  entitled  to  receive  the 
sum  of  twenty-five  dollars,  to  be  paid  from  the  fund  col- 
lected from  fines  imposed  and  accruing  under  this  act. 

Removal  of  remains  of  deceased  persons. 

Sec.  6.  Nothing  in  this  act  contained  shall  be  taken  to 
apply  to  the  removal  of  the  remains  of  deceased  persons 
from  one  place  of  interment  to  another  cemetery  or  place  of 
interment  within  this  state;  provided,  that  no  permit  shall 
be  issued  for  the  disinterment  or  removal  of  any  body  unless 
such  body  has  been  buried  for  one  year  or  more,  without  the 
written  consent  of  the  mayor,  chairman  of  the  board  of. 
supervisors,  or  city  council  of  any  municipality  of  the  state. 
[Amendment  approved  March  13,  1889;  Stats.  1889,  p.  139. 
In  effect  immediately.] 

Act  takes  effect  when. 

Sec.  7.  This  act  shall  take  effect  and  be  in  force  from 
the  thirtietli  day  after  its  passage  and  approval. 


822  Al'l'KNDlX. 


SCHOOL  OF   INDlSTliY. 

Act  relating  to  commitmeiits  to  school  of  Industry:  See  post,  Ap- 
pendix, tit.  "ISchool  of  Reform." 

An  Act  to  estahlisli  a  school  of  {iKhistri/,  to  provide  for  the 
maintenance  and  management  of  llie  same,  and  to  male 
an  appropriation  ilicrcfor. 

[1.  Approved  March  11,  1889;  Stats.  1889,  p.  100.  2.  Amended  Febru- 
ary 27,  1893;  Stats.  1893,  p.  39.  3.  Amended  April  Hi,  1909;  Stats. 
1909,  p.  9()4.     4.  Amended  May  2G,   1915;   Stats.   1915,   p.   849.] 

Effect  of  juvenile  court  law:  See  note  at  end  of  statute. 

§    1.  Preston  School  of  Industr3^ 

§    2.  Appropriation. 

§    3.  Government  vested  in  tliree  trustees.'   Term  of  office. 

§    4.  To  procure  site. 

§    5.  Adoption  of  plans  for  grounds  and  buildings. 

§    6.  No  member  to  be  interested  in  contracts. 

§    7.  Construction  of  act. 

§    8.  Same. 

§    9.  Military  discipline.     Uniform. 

§  10.  Expenses  of  trustees  to  be  paid.    Superintendent's  salary.    Other 

salaries. 

§  11.  Board  to  elect  officers. 

§  12.  Instruction. 

§  13.  Bond    of    superintendent.     Salary.     Appointments    by.     Duties. 

§  14.  To  investigate  workings  of  similar  institutions.     [Repealed.] 

§  15.  Commitments. 

§  16.  Approval  of  commitments. 

§  17.  Dismissals. 

§  18.  Paroles. 

§  19.  Incorrigible  boys,  return  of  to  court. 

§  20.  Transfer  to,  from  state  prison. 

§  21.  Aiding  escape. 

§  22.  Duties  of  trustees.     Contracts.     Security  and  bond  of  bidder. 

§  23.  Proclamation  of  governor. 

§  24.  Controller. 

§  25.  Effect  of  other  acts  iu  conflict. 

§  26.  Sheriff's  fees. 

§  27.  Construction  of  act. 

§  28.  Act  takes  effect  when. 

Effect  of  act.     See  note  at  end  of  this  statute. 

Preston  School  of  Industry. 

Section  1.  There  shall  be  estal^lished  at  or  within  a  con- 
venient distance  from  lone  City,  in  the  county  of  Amador, 
in  said  state,  an  educational  institution  to  be  designated  as 
the  Preston  School  of  Industry. 

Appropriation. 

Sec.  2.  The  sum  of  one  hundred  and  sixty  thousand  dol- 
lars is  hereby  appropriated  out  of  any  moneys  in  the  state 
treasm-y  not  otherwise  appropriated,  for  the  purpose  of  pur- 


SCHOOL   OF    INDUSTRY.  823 

chasing  and  preparing  grounds  for  the  erection  of  buildings 
thereon,  for  the  purchase  of  the  necessary  furniture, 
machinery,  and  supplies,  and  for  the  payment  of  the  cur- 
rent expenses  of  said  school. 

Government  vested  in  three  trustees.     Term  of  office. 

Sec.  3.  The  general  government  and  supervision  of  said 
school  shall  be  vested  in  a  board  of  trustees,  consisting  of 
three  citizens  of  the  state  of  California,  who  shall  be  ap- 
pointed by  the  governor.  The  members  of  said  board  shall 
hold  their  offices  for  the  respective  terms  of  two,  three,  and 
four  years,  from  the  first  day  of  July,  eighteen  hundred  and 
ninety-three,  and  until  their  successors  shall  be  appointed 
and  cpialified,  said  respective  terms  to  be  designated  in  their 
appointments;  and  thereafter,  upon  the  expiration  of  such 
terms,  there  shall  be  one  of  said  board  appointed,  whose 
term  of  office  shall  be  continued  four  years,  and  until  his 
successor  is  appointed  and  qualified.  Said  trustees,  before 
entering  on  the  discharge  of  the  duties  of  their  office, 
shall  each  take  an  oath  faithfully  to  discharge  the  same. 
[Amendment.  Approved  February  27,  1893 ;  Stats.  1893, 
p.  39.     In  effect  July  1,  1893.] 

To  procure  site. 

Sec.  4.  The  board  shall,  with  all  convenient  dispatch, 
select  and  establish  a  site  at  some  suitable  place  in  said 
county  for  said  institution,  and  procure  the  right  of  way 
for  suitable  drainage ;  said  site  to  contain  not  less  than  one 
hundred  acres  nor  more  than  three  hundred  acres  of  land, 
to  have  water  facilities  sufficient  for  the  uses  of  said  school, 
and  for  power  in  operating  machinery ;  the  land  to  be  of  a 
quality  suitable  for  general  farming  purposes,  and  adapted 
to  the  cultivation  of  vines  and  fruit-trees.  The  land  so  set 
apart  by  said  purchase  shall  hereafter  be  used  exclusively 
for  the  occupancy  and  purposes  of  said  school.  It  shall  be 
indicated  by  fixed  corners  and  definite  boundaries.  A  de- 
scription thereof,  together  Avith  the  deed  therefor,  shall  be 
filed  with  the  secretary  of  state  at  his  office  within  thirty 
days  after  the  purchase  of  the  same. 

Adoption  of  plans  for  grounds  and  buildings. 

Sec.  5.  Thereafter  the  board  shall  cause  to  be  prepared 
and  shall  adopt  plans  for  the  grounds,  buildings,  and  fix- 
tures necessary  for  such  au  institution,  of  such  form,  dimen- 
sions, and  style  as  to  it  shall  seem  best  adapted  to  the 
purposes  thereof.  In  the  preparation  of  such  plans,  and  in 
the  construction  of  the  buildings,  it  may  employ  a  compe- 
tent architect  at  :i  reasonable  compensation. 


824  Al'I'KXDlX. 

No  member  to  be  interested  in  contracts. 

Sec.  6.  No  iii(Miil)or  of  the  board  or  oiHi)loy('c  of  tho  insti- 
tution shall  1)c  interested  in  ;iny  contract  or  entei-prise 
in  connection  with  said  school.  [Amendment  appi-oved  Feb- 
ruary 27,  1893;  Stats.  18f)3.  p.  30.     Tn  clfect  .Inly  1,  1893.1 

Construction  of  act. 

See.  7.  Tflis  act  shall  be  const  rued  as  the  soh'  and  ex- 
clusive act  on  the  subject-matter  contained  herein,  unless 
specially  or  otherwise  her(Mn  provided;  and  none  of  the  pro- 
visions of  an  act  entitled  "An  Act  to  regulate  contracts 
on  behalf  of  the  state  in  relation  to  erections  of  build- 
ings," approved  March  twenty- third,  eighteen  hundred  and 
seventy-six,  or  any  other  act,  unless  herein  specially  re- 
ferred to,  shall  apply  to  or  govern  or  limit  this  act,  or  any 
of  the  powers  or  duties  in  this  act  conferi-ed  upon  said  board. 

Same. 

Sec.  8.  Nothing  in  this  act  contained  shall  be  so  con- 
strued as  to  permit  any  convict  or  convicts,  undergoing 
sentence  in  either  of  the  state  prisons  of  California,  to  asso- 
ciate w^ith  or  to  be  so  employed  as  to  mingle  with  any  person 
or  persons  undergoing  commitment  in  the  said  school. 

Military  discipline.     Uniform. 

See.  9.  The  said  school  shall  be  conducted  on  such  plan 
as  to  the  board  may  seem  best  calculated  to  carry  out  the 
intentions  of  this  act,  and  its  inmates  shall  be  subject  to 
military  discipline,  including  daily  drill.  They  shall  be 
clothed,  in  military  uniform  of  such  pattern  and  material  as 
may  be  prescribed  by  the  board,  but  under  no  circumstances 
shall  such  innmtes  be  clothed  in  convict  stripes  while  under- 
going connnitment  in  said  school.  [Amendment  approved 
February  27,  1893;  Stats.  1893,  p.  39.  In  effect  July  1, 
1893.] 

Expenses  of  trustees  to  be  paid.     Superintendent's  salary. 
Other  salaries. 

Sec.  10.  The  memljers  of  the  board  shall  receive  no  com- 
pensation for  their  services,  but  shall  be  allowed  their  rea- 
sonable expenses  incurred  while  in  the  discharge  of  their 
official  duties.  The  salaries  or  wages  of  all  otficers  or  em- 
ployees of  the  school  shall  be  fixed  by  the  board  in  accord- 
ance with  law.  [Amendment  approved  May  26,  1915;  Stats. 
1915,  p.  849.] 

Also  anioiiilea  F.'bru:iry  27th,  1893;  Stats.  1S93,  p.  .39. 


SCHOOL    OF    INDUSTRY.  825 

Board  to  elect  officers. 

Sec.  11.  The  board  shall  elect  a  superintendent,  a  military 
instructor,  and  a  secretary.  The  superintendent  and  secre- 
tary shall  givo  such  bonds  for  the  faithful  performance  of 
their  duties  as  the  board  shall  determine.  The  bond  of  the 
superintendent  shall  be  for  a  sum  of  not  less  than  ten  thou- 
sand dollars,  and  that  of  the  secretary  of  not  less  than  five 
thousand  dollars.  The  military  instructor  must  be  a  man 
who  is  a  good  disciplinarian  and  skilled  in  military  tactics. 
He  shall  receive  from  the  governor  a  commission  with  the 
rank  of  major.  lie  shall  perform  such  duties  and  receive 
such  salary  as  the  l)oard  may  prescribe.  The  board  shall 
meet  once  in  three  months  for  the  transaction  of  business. 
Special  meetings  may  be  called  by  the  president  when 
deemed  necessary. 

Instruction. 

Sec.  12.  The  board  shall  cause  to  be  organized  and  main- 
tained a  department  of  instruction  for  the  inmates  of  said 
school,  with  a  course  of  study  corresponding  as  far  as  prac- 
ticable with  the  course  of  study  in  the  public  schools  of  this 
state,  but  the  course  shall  not  be  higher  than  the  course  pre- 
scribed in  grammar  schools.  They  shall  adopt  a  system  of 
government,  end3racing  such  laws  and  regulations  as  are 
necessary  for  the  guidance  of  the  officers  and  employees,  for 
the  regulation  of  the  hours  of  study  and  labor,  for  the 
preservation  of  order,  for  the  enforcement  of  discipline  and 
military  training,  for  the  preservation  of  health,  and  for 
the  industrial  training  of  the  inmates.  The  ultimate  pur- 
pose of  all  such  instruction,  discipline,  and  industries  shall 
be  to  qualify  the  inmates  for  honorable  and  profitable  em- 
ployment after  their  release  from  the  institution,  rather  than 
to  make  said  institution  self-sustaining.  The  board  shall 
also  determine  the  number  of  officers  and  employees  re- 
quired, and  shall  prescribe  their  duties  and  fix  the  amount 
of  their  compensation. 

Bond     of     superintendent.       Salary.       Appointments     by 
Duties. 

Sec.  13.  The  superintendent,  before  entering  upon  the  dis- 
charge of  his  duties,  shall  make  and  file  with  the  board  an 
oath  that  he  will  faithfully  and  impartially  discharge  the 
duties  of  his  office.  Thereupon  he  shall,  subject  to  the  regu- 
lations prescribed  by  the  board,  be  invested  with  the  cus- 
tody of  the  lands,  buildings,  and  all  other  property  belonging 
to  and  under  the  control  of  the  said  institution.  He  shall 
receive  for  his  services  a  salary  not  exceeding  the  sum  of 


82fi  APPENDIX, 

llii'cc  lli()us;iii(l  (lolljH's  per  ;iniiuiii.  Il<'  sliiill  ;i|)])()iii1,  except 
;is  lici'einhefoi'e  jn'oxided,  all  offieers  and  eni])l().vees  of  said 
institution,  avIio  sliall  hold  officM^  duiMnj?  his  pleasure,  lie 
shall  pi-ovide  a  book-  in  wliicli  sliall  he  i'0£?isferod  the  name, 
residence,  occupation,  and  reli<iious  ci-eed  ol"  every  boy  re- 
ceived into  the  school ;  the  da.te  of  his  i-eception,  and  the  date 
and  condition  of  liis  discharge;  the  names,  residence,  and 
occni)ation  ot'  his  ])ar(nits;  whether  the  boy  was  ap])renticed 
or  not,  and  if  so  apprenticed,  the  name,  residence,  and  occu- 
pation of  the  person  to  whom  he  was  apprenticed.  lie  shall 
have  charge  of  all  persons  committed  to  the  institution  by 
any  magistrate  or  court,  shall  use  his  best  efforts  to  employ, 
instruct,  discipline,  and  reform  all  such  persons  under  his 
charge,  and  shall  discharge  such  other  duties  as  the  said 
board  may  direct,  and  shall  at  all  times  be  subject  to  re- 
moval by  the  board  for  incapacity,  innnorality,  negligence 
of  duty,  or  cruelty  to  the  inmates. 

To  investigate  workings  of  similar  institutions. 

Sec.  14.      [Repealed  February  27,  1893;  Stats.  1893,  p.  40. 
In  effect  July  1,  1893.] 

Commitments. 

Sec.  15.  When  any  boy  under  the  age  of  eighteen  years 
shall  be  found  guilty,  by  a  magistrate  or  court  of  competent 
jurisdiction,  of  any  offense  punishable  by  fine,  or  by  im- 
prisonment, or  by  both,  and  who,  in  the  opinion  of  such 
magistrate  or  court  Avould  be  a  fit  subject  for  commitment 
to  the  said  school,  it  shall  be  lawful  for  the  magistrate  or 
court  to  suspend  judgment  or  sentence  (except  when  the 
penalty  is  life  imprisonment  or  death),  and  to  commit  such 
boy  to  the  said  school  for  a  period  not  exceeding  the  time 
•when  he  shall  attain  his  twenty-first  birthday,  unless  sooner 
discharged  by  law,  or  as  in  this  act  provided ;  but  no  boy 
who  is  under  the  age  of  eight  years,  or  who  is  of  unsound 
mind,  shall  be  committed  to  the  said  school.  The  board 
shall  have  authority  to  make  rules  reducing,  as  the  reward 
for  good  conduct,  the  time  for  which  such  person  or  persons 
have  been  committed.  It  shall  be  the  duty  of  all  courts  and 
magistrates  committing  any  boy  to  such  school  to  certify  to 
the  superintendent  thereof  the  age  of  the  person  so  com- 
mitted, as  nearly  as  can  be  ascertained  by  testimony  taken 
under  oath  before  such  court  or  magistrate,  or  in  such 
manner  as  the  court  or  magistrate  may  direct. 

Approval  of  commitments. 

Sec.  16.     Before  any  commitment,  made  by  a  police  court, 
or  by  a  justice  of  the  peace,  under  this  act,  shall  be  executed, 


SCHOOL    OF    INDUSTRY.  827 

it  shall  be  approved  by  a  judge  of  the  superior  court  of  the 
county  in  -which  the  police  court  or  justice  of  the  peace  has 
jurisdiction,  and  his  approval  indorsed  on  the  Avarrant  of 
commitment.  But  if  such  sentence  shall  be  disapproved,  the 
police  court  or  justice  of  the  peace  shall  then  impose  the 
ordinary  sentence  prescribed  by  law. 

Dismissals. 

Sec.  17.  It  shall  ])e  lawful  for  the  board,  whenever  it  may 
deem  any  inmate  of  said  institution  to  have  been  so  far  re- 
formed as  to  justify  his  discharge,  to  give  him  an  honorable 
dismissal,  and  to  cause  an  entry  of  the  reasons  for  such  dis- 
missal to  be  made  in  the  book  of  records  prepared  for  that 
purpose.  All  persons  thus  honorably  dismissed,  and  all 
those  who  shall  have  served  the  full  term  of  their  respective 
sentences,  shall  thereafter  be  released  from  all  penalties  and 
disabilities  resulting  from  the  offenses  or  crimes  for  which 
they  were  committed.  Upon  the  final  discharge  of  any  in- 
mate as  in  this  section  provided,  the  superintendent  shall 
immediately  certify  such  discharge  in  writing,  and  shall 
transmit  the  certificate  to  the  magistrate  or  court  by  which 
such  inmate  or  boy  was  committed.  Said  magistrate  or 
court  shall  thereupon  dismiss  the  accusation  and  the  action 
pending  against  said  person. 

Paroles. 

Sec.  18.  There  shall  be  established  in  said  school  a  system 
of  marking  and  grading  upon  merit  or  attainments  in  school 
and  shop  and  general  conduct,  by  which  the  boy  committed 
under  this  act  may  work  out  his  wa}^  to  parole  and  honor- 
able discharge.  When  in  the  opinion  of  the  superintendent 
a  boy,  by  the  regulations  established  for  that  purpose,  has 
earned  the  right  to  a  parole,  he  shall  cause  to  be  obtained  a 
reputable  home  or  place  of  employment  Avhere  said  boy  may 
be  employed  and  earn  a  living  by  honorable  labor,  and  then 
shall  recommend  said  boy  to  the  board  for  parole,  and  if  the 
board  is  satisfied  that  it  is  for  the  welfare  of  such  boy  to  be 
paroled,  it  shall  grant  such  parole  under  such  condition  as 
it  may  deem  best,  which  shall  be  continued  until  such  boy 
has  proved  his  ability  for  honorable  self-support  when  he 
shall,  upon  the  recommendation  of  the  superintendent,  be 
honorably  discharged.  Any  boy  who,  while  on  parole,  vio- 
lates the  conditions  of  the  parole  may  be  returned  to  said 
school.  [Amendment  approved  April  16,  1909;  Stats.  1909, 
p.  964.] 
Incorrigible  boys,  return  of  to  court. 

Sec.  19.     Any  boy  connnitted  to  said  school  who,  after  due 
trial,  is  found  to  be,  in  the  opinion  of  the  superintendent, 


828  AiM'i;.\i>ix. 

iiicapjiltli'  (if  rfl'(inn;il  ion  or  so  iiior;ill\'  (Ifdcicnt  or  locofrifj:!- 
ble  as  to  i-oiulcf  his  i-clcntioii  dcli'iniciital  to  llif  interests  of 
said  school,  or  wlieii  it  is  aseei-taiiicd  by  good  and  sufficient 
(n-idonco  that  said  l)o\'  lias  misi-epiM'Scnted  his  ;\ffo  to  the 
coTirt  who  sentenced  him,  oi-  has  been  previously  convicted 
of  a  felony,  he  may  recommend  such  boy  to  the  board  for 
return  to  the  said  court,  and  if  the  board  is  satisfied  that  it 
is  for  the  best  interests  of  the  school  that  such  boy  be  re- 
turned, it  shall  so  cause  him  to  be  returned  to  the  said  court, 
and  it  shall  be  lawful  for  said  court  to  annul  and  set  aside 
the  previous  commitment  to  said  Preston  School  of  Industry 
and  resume  proceedings  Avhei'c  the  same  Avere  suspended 
when  such  commitment  was  nuule.  [Amendment  approved 
April  !(!,  1009;  Stats.  1909,  p.  9f;4.] 

Transfer  to,  from  state  prison. 

Sec.  20.  Any  boy  under  the  age  of  eighteen  years,  who  is 
undergoing  sentence  in  any  state  prison  in  this  state  (except 
such  as  are  undergoing  a  life  sentence),  and  who  shall  be 
deemed  a  fit  subject  for  training  in  the  said  school,  may, 
upon  recommendation  of  the  state  board  of  prison  directors, 
with  the  approval  of  the  gOA^ernor,  be  transferred  to  said 
school  for  the  unexpired  period  of  his  sentence,  and  Avhen 
honorably  discharged  from  said  school,  as  hereinbefore  pro- 
vided, shall  be  entitled  to  such  benefits  and  innnunities  as 
are  provided  for  the  other  inmates  of  the  institution. 

Aiding-  escape. 

Sec.  21.  Any  person  who  knowingly  permits,  or  Avho  aids 
any  boy  to  escape  from  the  said  school,  or  Avho  knowingly 
promotes  his  departure,  or  conceals  him  Avith  the  intent  of 
enabling  such  escaped  bo}^  to  elude  pursuit,  shall  be  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction,  be  punished 
according  to  laAv.  Any  fugiti\'e  from  said  institution,  or 
from  the  parties  to  Avhom  he  is  bound  out  or  apprenticed, 
may  be  arrested  and  returned  to  the  institution  by  any  per- 
son upon  Avritten  request  or  order  of  the  superintendent 
directed  to  such  person. 

Duties  of  trustees.    Contracts.    Security  and  bond  of  bidder. 

Sec.  22.  The  board  of  trustees  are  hereby  authorized  and 
required  to  contract  for  proA^isions,  clothing,  medicines, 
forage,  fuel,  and  other  staple  supplies  of  the  school  for  any 
period  of  time  not  exceeding  one  year,  and  such  contracts 
shall  be  limited  to  bona  fide  dealers  in  the  several  classes  of 
articles  contracted  for.  Contracts  for  such  articles  as  the 
board  may  desire  to  contract  for  shall  be  given  to  the  loAvest 


SCHOOL    OF    INDUSTRY.  829 

bidder  at  a  public  letting  thereof,  and  if  the  price  bid  is  a 
fair  and  reasonable  one,  and  not  greater  than  the  usual 
market  value  and  prices.  Each  Ind  shall  be  accompanied  by 
such  security  as  the  board  may  require,  conditioned  upon 
the  bidder  entering  into  a  contract  upon  the  terms  of  his  bid, 
on  notice  of  the  acceptance  thereof,  and  furnishing  a  bond, 
with  good  and  sufficient  sureties,  in  such  sum  as  the  board 
may  require,  and  to  their  satisfaction,  that  he  will  faithfully 
perform  his  contract.  If  the  proper  officer  reject  any  arti- 
cle as  not  complying  with  the  contract,  or  if  a  bidder  fail  to 
furnish  the  articles  awarded  to  him  when  required,  the 
proper  officer  of  the  school  may  buy  other  articles  of  the 
kind  rejected  or  called  for,  in  the  open  market,  and  deduct 
the  price  thereof  over  the  contract  price  from  the  amount 
due  to  the  bidder,  or  charge  the  same  up  against  him.  No- 
tice of  the  time,  place,  and  conditions  of  the  letting  of  con- 
tracts shall  be  given  for  at  least  two  consecutive  weeks  in 
one  newspaper  printed  and  published  in  the  city  and  county- 
of  San  Francisco,  in  one  newspaper  printed  and  published 
in  the  city  of  Sacramento,  and  in  one  newspaper  printed  and 
published  in  the  county  of  Amador.  If  all  bids  made  at  such 
letting  ai'e  deemed  unreasonably  high,  the  board  may,  in 
their  discretion,  decline  to  contract,  and  may  again  advertise 
for  such  time  and  in  such  papers  as  they  see  proper  for  pro- 
posals, and  may  so  continue  to  renew  the  advertisement  until 
satisfactory  contracts  are  made ;  and  in  the  meantime  the 
board  may  contract  with  any  one  whose  offer  is  regarded 
just  and  equitable,  or  may  purchase  in  the  open  market.  No 
bid  shall  be  accepted,  nor  a  contract  entered  into  in  pursu- 
ance thereof,  when  such  bid  is  higher  than  any  other  bid  at 
the  same  letting  for  the  same  class  or  schedule  of  articles, 
quality  considered,  and  when  a  contract  can  be  had  at  such 
lower  bid.  When  two  or  more  bids  for  the  same  article  or 
articles  are  equal  in  amount,  the  board  may  select  the  one 
which,  all  things  considered,  may  by  them  be  thought  best 
for  the  interest  of  the  state,  or  they  may  divide  the  contract 
between  the  bidders,  as  in  their  judgment  may  seem  proper 
and  right.  The  board  shall  have  power  to  let  a  contract  in 
the  aggregate,  or  they  may  segregate  the  items  and  enter 
into  a  contract  with  the  bidder  or  bidders  who  may  bid 
lowest  on  the  several  articles.  The  board  shall  have  the 
power  to  reject  the  bid  of  any  person  who  had  a  prior  con- 
tract, and  who  had  not  in  the  option  [opinion]  of  the  board 
faithfully  complied  therewith.  [Amendment  approved  Feb- 
ruary 27,  1893;  Stats.  1893,  p.  40.  In  effect  July  1,  1893.] 
1893."] 


S'Ai)  APPENDIX. 

Proclamation  by  governor. 

See.  23.  AVheii  the  premises  are  ready  for  oecupancy,  the 
board  shall  eertii'y  siieli  faet  to  the  fjfoveriior,  who  shall  make 
due  proelamation  thereof.  Thereaftei"  it  shall  be  lawful  for 
any  competent  ma^'istrate  or  court  to  commit  juvenile 
offenders  to  the  instituti(ui,  as  herein  provided. 

Controller. 

Sec.  24.  The  controller  of  state  is  hereby  authorized  and 
directed,  on  requisition  of  the  said  board,  to  di'aw  his  war- 
rant on  the  state  treasurer  in  favor  of  said  board,  to  pay  for 

the  necessary  expenditures  in  the  establishment  and  mainte- 
nance of  the  said  school,  and  the  state  treasurer  is  authorized 
to  pay  the  same  from  the  a])propriations  pi-ovided  for  in 
this  act. 

Effect  of  other  acts  in  conflict. 

See.  2.5.  For  the  purpose  of  giving  practical  effect  to  the 
provisions  of  this  act,  all  laws  or  parts  of  laws  which  conflict 
with  the  provisions  hereof  are,  for  the  purposes  of  this  act 
only,  suspended,  and  hereby  made  inapplicable  to  any  boy 
committed  to  and  in  the  custody  of  said  school. 

Sheriff's  fees. 

See.  26.  In  all  jDroceedings  relating  to  commitments  under 
this  act  the  fees  and  compensation  of  the  sheriff  and  other 
officers  of  the  court  shall  be  such  as  are  allowed  by  law  for 
like  proceedings  and  services  in  criminal  cases. 

Construction  of  act. 

See.  27.  This  act  shall  be  construed  in  conformity  with 
the  intent  as  well  as  with  the  express  provisions  hereof,  and 
shall  confer  upon  the  board  authority  to  do  all  those  lawful 
acts,  from  time  to  time,  which  are  necessary  to  promote  the 
prosperity  of  the  institution  and  the  well  being  and  reforma- 
tion of  its  inmates,  including  the  organization  of  trade 
schools,  the  purchase  and  use  of  fixed  and  movable  machin- 
ery, the  erection  of  necessary  buildings  for  machinery  and 
other  purposes,  the  improvement  and  management  of  a  farm, 
orchard,  and  garden,  the  purchase  of  necessary  supplies  for 
the  institution,  and  materials  for  manufacture,  and  perform- 
ance of  all  other  necessary  and  lawful  acts,  not  otherwise 
prohibited,  which  may  be  required  to  comply  with  the  pur- 
poses of  this  act ;  but  nothing  herein  contained  shall  be  so 
construed  as  to  permit  said  board  to  incur  any  indebtedness 
or  obligation  in  excess  of  the  appropriations  allowed  by 
law  for  the  establishment  and  maintenance  of  said  school. 


SCHOOL  OF  REFORM.  831 

Act  takes  effect  when. 

Sec.  28.     This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Effect  of  Juvenile  Court  Law.  By  section  28  of  the  Juvenile 
Court  Law  of  1909  (Stats.  1909,  p.  213)  and  1911  (Stats.  1911, 
p.  673),  and  again  by  section  31  of  the  Juvenile  Court  Law  of  1913 
(Stats.  1913,  p.  1288),  it  was  provided  that  this  law  was  super- 
seded as  to  the'  mode  of  commitment  to  the  Preston  School  of  In- 
dustry. The  act,  however,  was  left  in  force  as  to  all  matters  con- 
cerning its  management.     It  is  therefore  inserted  in  full. 


SCHOOL  OF  REFORM. 

An  Act  to  establisli  a  sdiool  for  the  discipline,  education,  em- 
ployment, reformation,  and  protection  of  juvenile  delin- 
quents, ill  tlie  state  of  California,  to  he  known  as  "The 
Whittier  State  School." 

Title  of  original  act.  The  title  of  the  original  act,  as  enacted  in 
1889,  read:  "An  Act  to  establish  a  state  reform  school  for  juvenile 
offenders,  and  to  make  an  appropriation  therefor."  It  was  amended 
to  read  as  above  by  Stats.  1893,  p.  328. 

[1.  Approved  March  11,  1885;  Stats.  1889,  p.  111.     2.  Amended  March 
23,  1893;  Stats.  1893,  p.  328.     3.  Amended  March   7,  1905;  Stats. 
1905,  p.  80.     4.  Amended  February  7,  1907;  Stats.  1907,  p.  3.     5. 
Amended  April  19,  1909;  Stats.  1909,  p.  988.] 
Effect  of  Juvenile  Court  Law:   See  note  at  end  of  act. 

§    1.     Change  of  name. 

§    2.     Board  of  trustees.     Terms  of  office.     Vacancy',  how  filled. 

§    3.     Powers. 

§    4.     Selection  of  site. 

§    5.     To  adopt  plans. 

§    6.     Trustee  or  employee  not  to  be  interested. 

§    7.     Meetings  and  modes  of  transaction  of  business.     Furniture  and 

apparatus.     Deficiencies. 
§    8.     Annual  election  of  officers. 
§    9.     Superintendent  and  other  officers. 
§  10.     Eeport  of  trustees. 
§  11.     Meetings. 
§  12.     Duty  of  superintendent. 
§  13.     Duty  of  treasurer. 
§  14.     Buildings  and  grounds. 

§  15.     Age  of  boys  and  girls  subject  to  admission. 
§  16.     For  what  offenses  may  be  committed. 
§  16a.  Truant  children,  commitment  of. 

§  16b.  Dependent  and  delinquent  children  may  be  committed. 
§  16c.  Conditions  and  manner  of  commitment. 
§  16d.   [Renumbered  §  20.] 
§  16e.   [Renumbered  §  20.] 
§  17.     Citation  to  custodian  of  child.     Warrant  for  arrest  of  parent  or 

custodian.     Detention  of  child.     Terra  of  commitment. 
§  18.     Discharge  of  child, 
§  19.     Right  to  parole. 


832  APPENDIX. 

§20.  Incorrigible  rliildrcii  to  bo  rcliinird  to  coiirl. 

§  21.  I'rivatc  examinations. 

§  22.  Record,  wliat  only  to  be  made. 

§23.  Clotiiing,  money,  and  transportation  lor  those  released. 

§  24.  Aiding  escapes.     Punishment  therefor. 

§  25.  Who  shall  execute  writ  of  commitment. 

§  26.  Auditing  by  board  of  trnstees. 

§  27.  Boys  may  he  transferred  from  state  prison. 

§  28.  [Renumbered  §  25.] 

§29.  When  inmate  must  support  iiimself.      [Repealed. ] 

§30.  [Renumbered  §  20.] 

§  31.  [Added  section.     Renumbered  §  27.] 

§  31.  Act  takes  effect  when. 

Juvenile  Court  Law.     As   to   this   law,   see    note   at  end    of   this 
statute. 

Change  of  name. 

Section  1.  Tlierc  shall  be  os1;'I)lislio(l  aiul  maintainod  in 
this  state,  and  located  at  Whittiei',  in  the  county  of  Los 
Angeles,  an  institution  for  the  discipline,  education,  employ- 
ment, reformation,  and  protection  of  juvenile  delinquents  in 
the  state  of  California,  to  be  known  as  "The  Whittier  State 
School";  and  in  all  judicial,  official,  or  other  proceedings, 
and  in  all  contracts,  transfers,  or  other  instruments  in  writ- 
ing, the  above  name  shall  be  deemed  a  sufficient  designation 
of  said  institution.  [Amendment  approved  March  23,  1893 ; 
Stats.  1893,  p.  328.] 

Board  of  trustees.     Terms  of  office.     Vacancy,  how  filled. 

Sec.  2.     The  general  supervision  and  government  of  said 
institution  shall  be  vested  in  a  board  of  trustees  consisting 
of  three  citizens  of  the  state  of  California,  who  shall  be 
appointed  by  the  governor  with  the  advice  and  consent  of 
the  senate.     The  members  of  said  board  shall  hold  their 
offices  for  the  respective  terms  of  two,  three,  and  four  years 
from  the  first  day  of  March,  eighteen  hundred  and  eighty- 
nine,    and   until   their   successors   shall   be   appointed   and 
qualified  said  respective  terms  to  be  designated  in  their  ap- 
pointments ;  and  thereafter  there  shall  be  one  of  said  board 
appointed  in  the  same  manner  every  two  years,  whose  term  of 
office  shall  continue  four  years,  and  until  his  successor  is 
appointed  and  qualified.     If  a  vacancy  shall  occur  in  said 
board  by  expiration  of  the  term  of  any  such  trustee,  or  other- 
wise, when  the  senate  is  not  in  session,  the  governor  shall 
fill  such  vacancy  for  the  unexpired  term,   subject  to  the 
approval  of  the  senate  at  its  next  regular  session.     Said  trus- 
tees, before  entering  on  the  discharge  of  the  duties  of  their 
office,  shall  each  take  an  oath  faithfully  to  discharge  the 
same. 


SCHOOL  OF  REFORM.  833 

Powers. 

See.  3.  The  trustees  of  siieh  institution  shall  be  a  body 
corporate  and  politic  for  certain  purposes,  namely :  To  re- 
ceive, hold,  use,  and  convey  or  disburse  moneys  or  other 
property,  real  and  personal,  in  the  name  of  said  corporation 
but  in  trust  and  for  the  use  and  by  the  authority  of  the  state 
of  California,  and  to  control,  manage,  and  direct  the  several 
trusts  committed  to  them  respectively,  including  the  organ- 
ization, government,  and  discipline  of  all  officers,  employees, 
and  other  inmates  of  said  institution,  with  power  to  make 
contracts,  to  sue  and  be  sued,  plead  and  be  impleaded,  to 
have  and  to  use  a  common  seal,  and  to  alter  the  same  at 
pleasure,  and  to  exercise  all  the  powers  usually  belonging 
to  said  corporations  and  necessary  for  the  successful  dis- 
charge of  the  obligations  devolved  by  law  upon  said  mem- 
bers of  trust;  provided,  that  they  shall  not  have  power  to 
bind  the  state  by  any  contract  or  obligation  beyond  the 
amou7it  of  appropriations  which  may  at  the  time  have  been 
made  for  the  purposes  expressed  in  the  contract  or  obliga- 
tion, nor  to  sell  or  convey  any  part  of  the  real  estate 
belonging  to  such  institution  without  the  consent  of  the 
legislature,  except  that  they  may  release  any  mortgage,  or 
convey  any  real  estate  which  may  be  held  by  them  as  secur- 
ity for  any  money  or  upon  any  trust,  the  terms  of  Avhich 
authorize  such  conveyance ;  and  provided  further,  that  the 
legislature  shall  have  power  at  any  time  to  amend,  alter, 
revoke,  or  annul  the  grant  of  corporate  powers  herein 
contained. 

Selection  of  site. 

Sec.  4.  The  said  board  of  trustees  are  hereby  empowered 
[invested]  with  full  power  and  authority  to  select  a  site  for 
the  permanent  location  of  said  school  in  the  county  of  Los 
Angeles.  Said  trustees  shall,  within  thirty  davs  after  their 
appointment  and  aualification,  examine  the  different  sites 
offered  by  the  people  of  the  county  of  Los  Angeles  for  the 
location  of  the  said  school,  and  select  therefrom  a  suitable 
location  for  said  buildings;  and  the  site  selected  by  them 
shall  be  and  remain  the  permanent  site  for  said  school ;  said 
site  to  contain  not  less  than  forty  nor  more  than  one  hun- 
dred and  sixty  acres,  giving  preference,  other  things  being 
equal,  to  a  location  central  and  easy  of  access  from  all  parts 
of  the  county  or  state ;  provided,  that  no  buildings  shall  be 
commenced  or  erected  in  said  county  of  Los  Angeles  until 
a  deed  in  fee-simple  of  the  land  selected  by  the  said  board  of 
trustees  shall  be  made  to  the  state,  and  recorded  in  the  ree- 

Pen.  Code — 53 


834  APPENDIX. 

oi'ds  of  the  county  i-ccordci-  oi"  said  Ijos  Angeles  County,  and 
said  deed  deposited  in  the  offiee  of  the  secretary  of  state, 
f  Amendment  approved  March  23,  1893;  Stats.  18<J3,  p.  328.] 

To  adopt  plans. 

See.  5.  The  said  l)oard  of  trustees  shall  prepare  and  adopt 
plans  for  the  grounds,  buildings,  and  fixtures  necessary  and 
proper  for  sueh  an  institution,  not  in  their  judgment  to  ex- 
ceed in  cost  the  amount  of  money  hereinafter  appropriated, 
but  if  praetieabh^  of  such  description  that  other  buildings 
can  be  added  to  or  enlai-ged  without  injury  to  their  sym- 
metry or  usefulness;  and  may  let  or  make  all  necessary  con- 
tracts, with  the  approval  of  the  governor,  for  the  construc- 
tion of  such  buildings  and  fixtures  and  the  improvement  of 
the  grounds  according  to  such  plans.  Said  board  of  trustees 
shall  use  all  practicable  diligence  in  the  commencement  and 
completion  of  said  buildings  and  fixtures,  and  the  improve- 
ment of  the  gi'ounds,  according  to  such  plans. 

Trustee  or  employee  not  to  be  interested. 

Sec.  6.  No  ti-usteo  or  emjiloyee  of  such  institution  shall 
be  personally,  directly  or  indirectly,  interested  in  any  con- 
tract, purchase,  or  sale  made,  or  any  business  carried  on  in 
behalf  of  or  for  said  institution.  All  contracts,  purchases, 
or  sales  made  in  violation  of  this  section  shall  be  held  and 
declared  ludl  and  void,  and  all  moneys  paid  to  such  trustee, 
employee,  or  any  other  person  for  his  benefit,  in  Avhole  or  in 
part,  in  consideration  of  such  purchases,  contracts,  or  sales 
made,  may  be  recovered  back  by  civil  suit,  to  be  instituted 
in  the  name  of  the  state  of  California,  against  such  trustee, 
employee,  or  person  acting  in  his  behalf;  and  in  addition  it 
is  hereby  made  the  duty  of  the  governor  and  the  board  of 
trustees,  as  the  case  may  be,  upon  proof  satisfactory  of  the 
fact  of  such  interest,  to  immediately  remove  the  trustee  or 
employee  delinquent  as  aforesaid,  a,nd  to  report  the  facts  to 
the  attorney-general,  who  shall  take  such  legal  steps  in  the 
premises  as  he  shall  deem  expedient. 

Meeting's  and  mode  of  transaction  of  business.     Furniture 
and  apparatus.     Deficiencies. 

Sec.  7.  The  board  shall  make  all  needful  rules  and  regu- 
lations concerning  their  meetings  and  the  modes  of  trans- 
acting their  business ;  shall  take  charge  of  said  institution 
to  see  that  its  affairs  are  properly  conducted,  that  strict  dis- 
cipline is  maintained,  and  that  suitable  employment  and 
education  are  provided  for  its  inmates.  They  are  authorized 
to  make  contracts  for  the  purchase  of  furniture,  apparatus, 


SCHOOL  OF  REFORM.  835 

tools,  stock,  provisions,  and  evei-ything  necessary  to  equip 
the  institution  for  the  purposes  herein  specified,  and  to  main- 
tain and  oj^erate  the  same ;  provided,  said  board  shall  incur 
no  expense  nor  contract  any  debt  beyond  appropriations 
made  or  donations  given  for  the  said  school/  and  then  only 
in  such  manner  as  may  be  prescribed  by  the  act  of  appro- 
priation or  the  instrument  of  donation.  [Amendment  ap- 
proved March  23,  1893;  Stats.  1893,  p.  329.] 

Annual  election  of  officers. 

Sec.  8.  The  board  shall  annually  elect  from  their  own 
number  a  president  and  a  vice-president,  Avhose  term  of 
office  shall  be  for  one  year,  and  until  their  successors  shall 
be  duly  appointed  and  qualified.  They  shall  also  elect  a 
treasurer,  not  one  of  their  OAvn  number,  whose  term  of  office 
shall  be  for  tAvo  years,  and  until  his  successor  shall  be  duly 
elected  and  qualified,  who  shall  be  at  all  times  subject  to 
removal  by  the  board  for  good  cause.  [Amendment  approved 
March  23,' 1893 ;  Stats.  1893,  p.  329.] 

Superintendent  and  other  officers. 

Sec.  9.  The  board  shall  appoint  a  superintendent  of  said 
school,  not  of  their  own  number,  whose  salary  shall  be  fixed 
by  said  board,  not  to  exceed  three  thousand  six  hundred 
dollars  per  annum,  and  shall  also  appoint  such  other  officers 
and  such  assistants  as  the  wants  of  the  institution  may  from 
time  to  time  require,  and  shall  prescribe  their  duties  and 
fix  their  salaries,  as  may  be  reasonable.  [Amendment 
approved  March  23,  1893;'Stats.  1893,  p.  329.] 

Report  of  trustees. 

Sec.  10.  Said  board  of  trustees  shall,  on  or  before  the 
first  day  of  December  every  two  years,  make  to  the  governor 
a  full  and  detailed  report  of  their  doings  as  such  trustees, 
and  of  the  expense  of  said  institution,  with  such  other  in- 
formation relating  thereto  as  they  may  think  interesting  or 
useful  to  the  state ;  which  report  shall  be  communicated  by 
the  governor  to  the  next  succeeding  session  of  the  state 
legislature.  Said  trustees  shall  receive  no  salary  for  their 
services  as  such  from  the  state,  but  shall  be  allowed  all 
necessary  expenses  incurred  in  the  discharge  of  their  duties. 

Meetings. 

Sec.  11.  The  board  of  trustees  shall  have  a  regular  meet- 
ing once  every  three  months,  at  such  time  and  place  as  they 
may  direct ;  special  meetings  may  be  called  by  the  president 
of  said  board  in  all  cases  where  it  becomes  necessary  for 
such  a  meeting. 


836  APPENDIX. 

Duty  of  superintendent. 

Sec.  V2.  Tlio  supcrinlei.dciit  bct'oi-o  entering  uixni  the 
duties  of  his  office  sliall  take  an  oath  faithfully  to  discharge 
the  same  and  execute  a  bond  with  sureties  to  be  approved 
by  the  boai'd,  in  a  sum  to  be  fixed  by  the  board,  conditioned 
for  the  faithful  performance  of  all  his  duties  as  such  super- 
intendent, lie  shall  be  a  resident  at  the  institution,  and 
shall  be  ex  officio  the  secretai-y  of  the  board,  taking  charge 
of  all  books  and  papers.  Mc  shall  have  charge  of  the  land, 
buildings,  furnitui-e,  apparatus,  tools,  stock,  provisions,  and 
every  other  species  of  property  belonging  to  the  institution, 
subject  to  the  direction  and  control  of  said  board,  and  shall 
account  to  the  board  in  such  manner  as  they  may  require 
for  all  property  intrusted  to  him,  and  all  moneys  received  by 
him  from  whatever  source  shall  be  dei)08itcd  with  the  treas- 
urer. His  books  shall  at  all  times  be  open  to  the  inspection 
of  the  board,  who  shall  at  least  once  in  every  three  months 
carefully  examine  the  same  and  all  accounts,  vouchers,  docu- 
ments connected  therewith,  and  make  a  report  of  the  result 
of  such  examination  in  a  book  provided  for  the  purpose. 
He  shall  have  charge  of  the  inmates  of  said  institution ;  he 
shall  discii)line,  govern,  iiistruct,  employ,  and  use  his  best 
efforts  to  reform  the  children  and  youth  under  his  care,  and 
shall  at  all  times  be  subject  to  removal  by  the  board  for  in- 
capacity, cruelty,  negligence,  immorality,  or  any  other  good 
cause. 

Duty  of  treasurer. 

Sec.  13.  The  treasurer  before  entering  upon  the  duties  of 
his  office  shall  take  an  oath  faithfully  to  discharge  the  same, 
and  shall  execute  a  bond  to  the  people  of  California  with 
sureties  to  be  approved  by  said  board  in  at  least  double  the 
sum  of  money  for  which  he  may  be  responsible  as  treasurer, 
conditioned  for  the  faithful  performance  of  all  his  duties  as 
such  treasurer ;  he  shall  take  charge  of  all  the  funds  of  the 
institution,  receiving  the  same  and  disbursing  them  on  the 
written  order  of  the  superintendent,  and  shall  account  to  the 
board  in  such  a  manner  as  they  may  require  for  all  funds 
intrusted  to  him  from  whatever  source.  His  books  shall  at 
all  times  be  open  to  the  inspection  of  the  board  and  superin- 
tendent, who  shall  at  least  once  in  every  six  months  care- 
fully examine  the  same  and  all  the  accounts,  vouchers,  and 
documents  connected  therewith,  and  make  a  report  of  the 
result  of  such  examinations.  Such  treasurer  must  be  a  citi- 
zen of  Los  Angeles  County,  and  shall  receive  for  his  services 
a  salary  of  six  hundred  dollars  per  anninn. 


SCHOOL  OF  REFORM.  837 

Buildings  and  grounds. 

Sec.  14.  Said  board  of  trustees  shall  arrange  the  building 
or  buildings  to  be  used  for  said  school,  and  the  grounds 
about  the  same,  so  that  a  portion  thereof  may  be  used  for 
the  proper  confinement,  care,  and  education  of  the  male  in- 
mates, and  the  remaining  portion  for  the  proper  confine- 
ment, care,  and  education  of  the  female  inmates,  and  to 
the  absolute  exclusion  of  all  conniiunication  of  any  kind 
or  character  between  the  sexes.  [Amendment  approved 
March  23,  1893;  Stats.  1893,  p.  329.] 

Age  of  boys  and  girls  subject  to  admission. 

Sec.  15.  Whenever  said,  institution  shall  have  been  so  far 
completed  as  to  properly  admit  of  the  reception  of  inmates 
therein,  the  governor  shall  make  due  proclamation  of  the 
fact,  and  thereafter  it  shall  be  lawful  for  said  board  of  trus- 
tees to  receive  into  its  care  and  guardianship,  boys  between 
the  ages  of  eight  and  nineteen  years,  and  girls  between  the 
ages  of  eight  and  eighteen  years,  committed  to  its  custody, 
as  hereinafter  provided.  [Amendment  approved  April  19, 
1909;  Stats.  1909,  p.  988.] 

Legislation  §  15.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  115. 
2.  Amended  March  23,  1893;  Stats.  1893,  p.  329.  3.  Amended  April 
19,  1909,  p.  988. 

For  what  offenses  may  be  committed. 

Sec.  16.  When  any  boy  between  the  ages  of  eight  and 
nineteen  years,  or  any  girl  between  the  ages  of  eight  and 
eighteen  years,  shall  be  found  guilty  of  any  offense  punish- 
able by  fine  or  imprisonment,  or  by  both,  in  any  court  of 
competent  jurisdiction  in  the  state,  and  who,  in  the  opinion 
of  the  judge  thereof,  Avould  be  a  fit  subject  for  training  in 
said  school,  it  shall  be  lawful  for  such  judge  to  suspend 
judgment  or  sentence,  except  when  the  penalty  is  life  im- 
prisonment or  death,  and  commit  such  boy  or  girl  to  the 
custody  and  guardianship  of  said  school  until  he  or  she  shall 
become  twenty-one  years  of  age.  [Amendment  approved 
April  19,  1909;  Stats.  1909,  p.  988.] 

Legislation  §  16.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  115. 
2.  Amended  March  23,  1893;  Stats.  1893,  p.  330.  3.  Amended  March 
7,  1905;  Stats.  1905,  p.  80.  4.  Amended  April  19,  1909;  Stats.  1909, 
p.  988. 

Truant  children,  commitment  of. 

Sec.  16a.  Any  child  between  the  ages  of  eight  and  four- 
teen years  who  willfully  and  habitually  absents  himself  or 
herself  from  school  contrary  to  the  provisions  of  an  act  en- 
titled "An  Act  to  enforce  the  educational  rights  of  children 


S;38  APPENDIX. 

;iiul  j)f()\i(liii^-  penalties  foi-  \i()la1i(Hi  of  llio  aet,"  ai)))i'Overi 
March  24th,  lOO)^,  aiul  as  aiiiendcd  by  an  aet,  ai)i)roved  March 
20tli,  1905,  and  as  furtlier  amended  hy  an  act,  ap])roved 
]\tareli  4th,  1907,  iiia\-  be  eonnnilled  lo  Ihe  custody  and 
guardianship  of  said  scliool  b\-  any  supei-ior  court  judj^c  on 
the  coini>hdnt  of  any  ])oacc-ot'ficer,  teacher,  pai-ent,  guardian 
oi-  otlier  ])erson,  under  the  same  conditions  and  in  the 
same  manner  as  is  provided  in  section  Ki  of  this  act. 
[Amendment  approved  April  19,  1909;  Stats.  1909,  p.  988.] 
Legislation  §  16a,  1.  Added  March  7,  1905;  Stats.  190'),  p.  81.  2. 
Amended  April  19,  1909;  Stats.  1909,  p.  988. 

Dependent  and  delinquent  children  may  be*  committed. 

Sec.  16b.  Any  child  who  comes  under  the  provision  of  an 
act  entitled  an  act  definino-  and  providing  for  the  control, 
protection  and  treatment  of  dependent  and  delin(juent  chil- 
dren ;  prescril)ing  the  powers  and  duties  of  courts  with  re- 
spect thereto ;  providing  for  the  appointment  of  probation 
officers,  and  prescribing  their  duties  and  poAvers ;  providing 
for  the  separation  of  children  from  adults  when  confined  in 
jails  or  other  institutions;  providing  for  the  appointment  of 
boards  to  investigate  the  qualifications  of  organizations  re- 
ceiving children  under  this  act  and  prescribing  the  duties 
of  such  boards ;  and  providing  what  proceedings  under  this 
act  shall  be  admissible  in  evidence,  approved  February  26th, 
1903,  may  be  committed  to  the  Whittier  State  School  by  any 
superior  judge  under  the  same  conditions  and  in  the  same 
manner  as  provided  in  section  sixteen  of  this  act.  [Added 
March  7,  1905;  Stats.  1905,  p.  81.] 

Legislation  §  16b.  The  original  §  16b  was  added  by  Stats.  1893, 
p.  330;  renumbered  §  16c  by  Stats.  1905,  p.  82,  when  the  present  §  16b 
was  added;  §  16c  amendecl  by  Stats.  1909,  p.  990,  and  renumbered 
§  18,  q.  v.,  post. 

Conditions  and  manner  of  commitment. 

Sec.  16c.  Any  judge  of  any  superior  court  of  this  state 
may  commit  any  boy  betw^een  the  ages  of  eight  and  nineteen 
years,  or  girl  between  the  ages  of  eight  and  eighteen  years 
to  the  custody  and  guardianship  of  the  said  school  on  the 
conditions  and  in  the  manner  following: 

1.  On  the  complaint  in  writing  filed  and  due  proof  thereof 
made,  by  the  parent  or  guardian  of  said  boy  or  girl,  showing 
that  by  reason  of  the  incorrigible  or  vicious  conduct  of  such 
boy  or  girl,  he  or  she  is  beyond  the  control  and  power  of 
such  parent  or  guardian. 

2.  On  complaint  in  writing  filed  and  due  proof  thereof 
made,  showing  that  such  boy  or  girl  is  a  proper  subject  for 


SCHOOL  OF  REFORM.  839 

the  care  and  guai'dianship  of  said  school,  by  reason  of  va- 
grancy or  incorrigible  or  vicious  conduct ;  or  in  cases  where, 
from  moral  depravity  or  otherwise,  the  parent  or  guardian 
having  control  of  such  boy  or  girl  is  incapable  of  exercising, 
or  unwilling  to  exercise,  the  proper  care  or  discipline  over 
such  boy  or  girl,  and  in  cases  where  such  boy  or  girl  has  no 
parent,  guardian  or  other  protector. 

'6.  Un  complaint  in  writing  filed  and  due  proof  thereof 
made  by  the  mother,  or  guardian  wiien  the  father  is  dead, 
or  has  abandoned  his  family,  or  is  an  habitual  drunkard,  or 
does  not  support  his  family,  and  it  appears  that  such  boy  or 
girl  is  destitute  of  a  home  and  adequate  means  of  obtaining 
an  honest  living  and  is  in  danger  of  being  brought  up  to 
lead  an  idle  or  immoral  life.  [Amended  and  renumbered. 
Approved  April  19,  1909;  Stats.  1909,  p.  989.] 

Legislation  §  16c.  1.  Added  as  §  20,  March  23,  1893;  Stats.  1893, 
p.  332.  2.  Amended  aud  renumbered  §  16c,  April  19,  1909;  Stats. 
1909,  p.  989.  'Xhe  orignial  §  16c  was  added  by  Stats.  1893,  p.  332; 
renumbered  §  13d  bv  Stats.  190.5,  p.  82;  §  16d  amended  and  renum- 
bered §  19  by  Stats.  1909,  p.  990,  q.  v.,  post. 

Sec.  16d.      [Renumbered  section.] 

Legislation  §  16d.  1.  Ad'ded  by  Stats.  1893,  p.  331.  2.  Amended 
aud  renumbered  §  16e  by  Stats.  1905,  p.  82.  3.  §  16e  amended  and 
renumbered  §  20  by  Stats.  1909,  p.  991,  q.  v.,  post. 

Sec.  16e.      [Renumbered  section.] 

Legisla<-ion  §  16e.  See  supra,  Legislation  §  16d,  and  post,  Legisla- 
tion §  2C. 

Citation  to  custodian  of  child.  Warrant  for  arrest  of  parent 
or  custodian.  Detention  of  child.  Term  of  commit- 
ment. 

Sec.  17.  In  all  cases  where  complaint  is  made  by  another 
than  the  parent  or  guardian  having  the  custody  of  said  boy 
or  girl,  a  citation  shall  issue  requiring  the  person  having 
custody  or  control  of  said  boy  or  girl,  or  with  whom  the  said 
boy  or  girl  may  be,  to  appear  with  him  or  her  at  a  place  and 
time  stated  in  the  citation.  Service  of  such  citation  must 
be  made  at  least  twenty-four  hours  before  the  time  stated 
therein.  The  parents  or  guardian  of  the  boy  or  girl,  if  re- 
siding in  the  county  in  w^hieh  the  court  sits,  and  if  their 
places  of  residence  be  known  to  the  petitioner,  or  if  there  be 
neither  parent  or  guardian  so  residing,  or  if  their  places  of 
residence  be  not  known  to  petitioner,  then  some  relative  of 
the  boy  or  girl,  if  there  be  any  residing  in  said  county,  and 
if  his  residence  and  relationship  to  such  boy  or  girl  be 
known  to  petitioner,  shall  be  notified  of  the  proceedings  by 


840  Al'PKXDIX. 

scmicc  of  cit.-ilioii  rc(|iiiriiiij,  lliciii  to  ;i|)|)c;ir  ;il  Ili<'  liiix'  ;m<1 
])l,'i('('  to  he  slalod  in  siieh  cilation.  In  any  easo  llic  judge 
may  appoint  some  suitable  person  to  act  in  behalf  of  the  boy 
or  girl,  and  may  order  sueh  I'uiHier  notiee  of  tlie  proceeding 
to  be  given  as  lu'  iiuiy  deem  proijei*.  If  any  ])erson,  eited  as 
herein  provided,  shall  fail,  Avithout  reasonable  cause,  to  ap- 
pear and  abide  by  the  ordei-  of  the  court,  or  to  bring  the 
boy  or  girl,  if  so  required  in  llie  citation,  sueh  failure  shall 
constitute  a  contempt  of  said  court  and  may  be  punished  as 
provided  for  in  cases  of  contempt  of  court.  In  case  any 
such  citation  cannot  be  served,  or  the  party  served  fails  to 
observe  the  same,  and  in  any  ease  in  which  it  shall  be  made 
to  appear  to  the  court  that  such  citation  shall  be  ineffectual, 
a  warrant  of  arrest  may  issue  on  the  order  of  the  court, 
either  against  the  parent  or  guardian,  or  the  person  having 
the  custody  of  the  boy  or  girl,  or  with  whom  he  or  she  may 
be,  or  against  the  boy  or  girl,  or  any  of  said  persons;  or  if 
there  be  no  person  to  be  served  with  citation  as  above  pro- 
vided, a  warrant  of  arrest  may  be  issued  against  the  boy  or 
girl  immediately.  On  the  return  of  the  citation  or  other 
process,  or  as  soon  thereafter  as  may  be,  the  court  shall  pro- 
ceed to  hear  and  disjiose  of  the  case  in  a  summary  manner. 
Until  the  final  disposition  of  any  case,  the  boy  or  girl  may 
be  retained  in  the  possession  of  tlie  person  having  charge  of 
the  same,  or  may  be  kept,  upon  the  order  of  the  court,  in 
some  suitable  place,  provided  by  the  county,  or  city  and 
county,  or  may  be  held  otherwise,  as  the  court  may  direct. 
In  all  cases  of  connnitment  to  said  school  the  same  shall  be 
until  said  boy  or  girl  is  twenty-one  years  of  age,  and  it  shall 
be  the  duty  of  the  court  committing  such  boy  or  girl  to  such 
school  to  certify  to  the  superintendent  thereof,  the  date  of 
birth  or  age  of  such  boy  or  girl  so  committed,  as  nearly  as 
the  same  can  be  ascertained  by  testimony  taken  under  oath 
either  before  the  court  or  in  such  manner  as  he  may  direct. 
[Added  April  19,  1909 ;  Stats.  1909,  p.  989.] 

Legislation  §  17.     The   original  §  17   was   enacted   Maich    11,   1889 

(Stats.  1889,  p.  115);  amended  by  Stats.  1893,  p.  332;  amended  by 

Stats.  1905,  p.  82;  repealed  by  Stats.  1909,  p.  991. 

Discharge  of  cliild, 

Sec.  18.  It  shall  be  laMful  for  the  board  whenever  it  may 
deem  any  inmate  of  said  institution  to  have  been  so  far  re- 
formed as  to  justify  his  discharge,  to  give  him  an  honorable 
dismissal  and  to  cause  an  entry  of  the  reasons  for  such  dis- 
missal to  be  made  in  the  book  of  records  prepared  for  that 
purpose.  All  persons  thus  honorably  dismissed  and  all  those 
who  have  attained  the  age  of  twenty-one  years  shall  there- 


SCHOOL  OF  REFORM.  8-41 

after  be  released  from  all  penalties  and  disabilities  resulting 
from  the  oifenses  or  crimes  for  which  they  were  committed. 
Upon  the  final  discharge  of  any  inmate  as  in  this  section 
provided,  the  superintendent  shall  innnediately  certify  such 
discharge  in  writing  and  shall  transmit  the  certificate  to  the 
court  by  which  such  inmate  was  committed.  Said  court, 
thereupon,  shall  dismiss  the  accusation  and  the  action  pend- 
ing against  said  person.  [Amended  and  renumbered. 
Approved  April  19,  1909;  Stats.  1909,  p.  990.] 

Legislation  §  18.  1.  Added  as  §  ICb,  March  23,  1893;  Stats.  1893, 
p.  332.  2.  §  16b  renumbered  §  16c,  March  7,  1905;  Stats.  1905,  p.  82. 
3.  §  16c  amended  and  renumbered  §  18,  April  19,  1909;  Stats.  1909, 
p.  990.  The  original  §  18  was  enacted  March  11,  1889  (Stats.  1889, 
p.  116);  amended  by  Stats.  1893,  p.  332;  amended  by  Stats.  1905, 
p.  82;  repealed  by  Stats.  1909,  p.  991. 

Right  to  parole. 

Sec.  19.  There  shall  be  established  in  said  school  a  system 
of  marking  and  grading  upon  merit  or  attainments  in  school 
and  shop  and  general  conduct,  by  which  the  boy  or  girl 
committed  under  this  act  may  Avork  out  his  or  her  way  to 
parole  and  honorable  discharge.  When  in  the  opinion  of  the 
superintendent  a  boy  or  girl,  by  the  regulations  established 
for  that  purpose,  has  earned  a  right  to  a  parole,  he  shall 
cause  to  be  obtained  a  reputable  home  or  place  of  employ- 
ment where  said  boy  or  girl  may  be  employed  and  earn  a 
living  by  honorable  labor,  and  then  shall  recommend  said 
boy  or  girl  to  the  board  for  parole,  and  if  the  board  is  satis- 
fied that  it  is  for  the  Avelfarc  of  such  boy  or  girl  to  be  par- 
oled, it  shall  grant  such  parole  under  such  conditions  as  it 
may  deem  best,  which  shall  be  continued  until  such  boy  or 
girl  has  proved  his  or  her  ability  for  honorable  self-support, 
when  he  or  she  shall,  upon  the  recommendation  of  the  super- 
intendent, be  honorably  discharged.  Any  boy  or  girl  who, 
while  on  parole,  violates  any  of  the  conditions  of  the  parole 
may  be  returned  to  said  school.  [Amended  and  renumbered. 
Approved  April  19,  1909 ;  Stats.  1909,  p.  990.] 

Legislation  §  19.  1.  Added  as  §  16c,  March  23,  1893;  Stats.  1893, 
p.  331.  2.  §  16c  renumbered  §  16d,  March  7,  1905;  Stats.  1905,  p.  82. 
3.  §  16d  amended  and  renumbered  §  19,  April  19,  1909;  Stata.  1909, 
p.  990.     For  the  original  §  19,  see  post,  §  21. 

Incorrigible  children  to  be  returned  to  court. 

Sec.  20.  Any  boy  or  girl  committed  to  said  school  Avho, 
after  due  trial,  is  found  to  be,  in  the  opinion  of  the  superin- 
tendent, incapable  of  reformation,  or  so  morally  deficient  or 
incorrigil)le  as  to  I'cnder  his  or  her  retention  detrimental  to 
the  interests  of  said  school,  or  when- it  is  ascertained  by  good 


842  APPENDIX. 

.'111(1  siil'(i('i('iit  cx'idfiK'f,  tlint  snid  lioy  or  jz:irl  lias  misropre- 
soiitod  liis  or  li(>r  nge  to  tho  coni't  Avho  sentenced  him  or  her. 
or  has  been  previously  convicted  of  a  felony,  he  may  recom- 
mend such  l)oy  or  girl  to  the  board  of  trustees  for  return  to 
the  said  court  and  if  the  said  board  is  satisfied  that  it  is  for 
the  best  interests  of  the  school  that  such  boy  or  girl  be  re- 
turned, it  shall  so  cause  hiin  or  her  to  be  returned  to  said 
court,  and  it  shall  be  lawful  for  said  court  to  annul  and  set 
aside  the  previous  commitment  to  the  said  AVhittier  State 
School  and  resume  proceedings  where  the  same  were  sus- 
pended wJKMi  such  commitment  Avas  made.  [Amended  and 
renumbered.     Approved  April  19,  1909;  Stats.  1909,  p.  991.] 

Legislation  §  20.  1.  Added  as  §  16d,  March  23,  1893;  Stats.  1893, 
p.  331.  2.  §  16d  amended  and  renumbered  §  16e,  March  7,  190.5; 
Stats.  190.5,  p.  82.  3.  §  16e  amended  and  renumbered  §  20,  April  19, 
1909;  Stats.  1909,  p.  991.     For  original  §  20,  see  ante,  §  16c. 

Private  examinations. 

Sec.  21.  All  minors  between  the  ages  of  eight  and  eigh- 
teen years  who  may  be  accused  of  any  offense  under  this  act 
shall,  Avith  a  ahcav  to  the  question  Avhether  they  ought  to  be 
committed  to  said  school,  be  entitled  to  a  priA'ate  examina- 
tion before  the  court,  to  Avhich  only  the  parties  to  the  case 
and  the  parent  or  guardian  of  the  accused  and  such  officers 
of  the  court  as  he  may  direct,  and  such  attorneys  as  may  be 
engaged  in  the  hearing,  shall  be  admitted,  unless  one  of  the 
parents,  the  guardian  or  other  legal  representatiA^e  of  the 
minor  demands  a  public  trial ;  in  such  cases  the  proceedings 
shall  be  in  the  usual  manner.  [Amended  and  renumbered. 
Approved  April  19,  1909;  Stats.  1909,  p.  991.] 

Legislation  §  21.  1.  Enacted  as  §  19,  March  11,  1889;  Stats.  1889, 
p.  116.  2.  §  19  amended  March  23,  1893;  Stats.  1893,  p.  333.  3.  §  19 
amended  and  renumbered  §  21,  April  19,  1909;  Stats.  1909,  p.  991. 
The  original  §  21  was  enacted  March  11,  1889  (Stats.  1889,  p.  117); 
amended  by  Stats.  1893,  p.  333;  repealed  by  Stats.  1909,  p.  992. 

Record,  what  only  to  be  made. 

Sec.  22.  In  all  cases  Avhere  the  commitment  is  executed 
by  the  official  person,  AA^hose  proceedings  are  usually  evi- 
denced by  the  record,  or  AA'here  the  occasion  of  the  commit- 
ment is  a  criminal  charge  or  conviction  against  the  infant, 
no  other  record  shall  be  made  (unless  demanded  by  the  in- 
fant, his  parent,  or  guardian)  than  that,  in  substance,  such 
infant  (naming  him),  Avho  on  a  day  therein  named  Avas  of 

the   age   of  years,   having  been  brought  before   said 

court,  or  officer,  and  it  having  been  ascertained  by  the  testi- 
mony of  the  Avitnesses  that  such  infant  Avas  a  suitable  person 
to  be  committed  to  the  instruction  and  discipline  of  such 


'      SCilOOL  OF  REFORM.  8-13 

institution,  and  in  case  of  conviction  for  crime  (naming  the 
offense),  therefore  such  infant  was  ordered  to  be  committed 
to  said  institution. 

Clothing-,  money,  and  transportation  for  those  released. 

Sec.  23.  Upon  the  discharge  of  any  person  committed  to 
said  school,  the  superintendent  thereof,  under  such  regula- 
lations  and  restrictions  as  the  said  board  of  trustees  may 
prescribe,  ma}^  provide  such  person  with  suitable  clothing 
and  five  dollars  in  money,  and  procure  transportation  for 
such  person  to  his  or  her  home,  if  resident  in  this  state,  or 
to  the  county  to  [in]  which  he  or  she  may  have  been  com- 
mitted at  his  or  her  option.  [Amendment  approved  March 
23,  1893;  Stats.  1893,  p.  333.] 

Aiding-  escapes.     Punishment  therefor. 

See.  24.  If  any  person  procure  the  escape  of  any  per- 
son committed  to  the  school,  or  advise  or  connive  at,  aid, 
or  assist  in  such  escape,  or  conceal  any  such  person  so  com- 
mitted after  such  escape,  he  shall,  upon  conviction  thereof 
in  any  superior  court,  be  punished  by  a  fine  of  not  less  than 
two  hundred  dollars  nor  more  than  one  thousand  dollars, 
or  be  imprisoned  in  the  county  jail  not  less  than  two  months 
nor  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment ;  or,  if  such  person  so  convicted  be  under  the  age  of 
sixteen  years,  then  he  shall  be  sentenced  to  the  school,  as  in 
this  act  provided.  [Renumbered.  Approved  April  19, 
1909;  Stats.  1909,  p.  992.] 

Legislation  §  24.  1.  Enacted  as  §26,  March  11,  1889;  Stats.  1889, 
p.  118.  2.  §  26  amended  March  23,  1893;  Stats.  1893,  p.  334.  3.  §  26 
renumbered  §  24,  April  19,  1909;  Stats.  1909,  p.  992. 

Who  shall  execute  vvrit  of  commitment. 

Sec.  25.  It  shall  be  the  duty. of  the  sheriff  of  any  county 
wherein  an  order  is  made  or  approved  by  a  superior  judge 
committing  any  minor  to  said  school,  to  execute  any  and 
ill  writs  of  commitment  issued  or  approved  by  said  judge, 
ind  to  receive  as  compensation  therefor  such  fees  as  are  now 
jr  may  hereafter  be  provided  by  laAv  for  the  transportation 
of  prisoners  to  the  state  prison,  provided,  that  in  all  cases 
where  the  commitment  shall  be  made  under  section  16a,  16b, 
or  16c,  of  this  act,  the  parent,  guardian,  or  other  protector 
of  such  minor  may,  at  his  option,  and  in  all  cases  where  he 
is  liable,  or  where  the  estate  of  such  minor  is  sufficient,  exe- 
cute said  writ  of  commitment,  after  having  been  duly  sworn 
therefor  with  like  powers  and  with  like  effect  as  the  sheriff 
would  possess   in   such   case,    but   without   expense   to   the 


8-44:  AI'l'lJNDlX. 

state;  and  riii'thci-  pi-oxidcd,  tlint  in  tli<'  case  of  a  minor 
female;  committed  to  said  school,  and  there  is  no  parent, 
p:uai-dian,  or  other  pi-otector  of  such  minor,  who,  in  the  opin- 
ion of  the  court,  is  a  i)roper  person  to  safely  conduct  such 
female  to  said  school,  that  then,  in  such  case,  the  court  shall 
appoint  some  suitable  woman  of  satisfactory  character  and 
discretion,  who  shall  take  the  custody  of  such  minor  female 
after  her  said  commitment,  and  shall  forthwith  deliver  her 
to  said  school,  and  be  entitled  to  the  same  compensation 
therefor  as  is  otherwise  provided  to  be  paid  to  the  sheriff 
in  all  cases  Avherc,  if  such  nunor  Avere  a  boy  and  were  by  a 
sherilf  delivered  to  said  school,  he,  the  said  sheritT,  would 
be  entitled  to  receive  compensation,  under  the  terms  of  this 
act.  [Amended  and  renumbered.  Approved  April  19,  1909  ; 
Stats.  1909,  p.  992.] 

Legislation  §25.  1.  Enacted  as  §  28,  March  11,  1889;  Stats.  1889. 
p.  119.  2.  §  28  amended  March  23,  1893;  Stats.  1893,  p.  335.  3.  §  28 
amended  and  renumbered  §25,  April  19,  1909;  Stats.  1909,  p.  992. 
The  original  §25  was  enacted  March  11,  1889  (Stats.  1889,  p.  118); 
repealed  by  Stats.  1909,  p.  992. 

Auditing'  by  board  of  trustees. 

Sec.  26.  The  said  board  of  trustees  shall  examine,  audit, 
and  allow  the  demands  arising  under  the  terms  of  the  aforesaid 
act  and  the  amendments  thereto,  and  the  state  controller 
shall  thereupon  draw  his  warrants  therefor,  payable  out  of 
the  proper  fund,  and  the  state  treasurer  is  hereby  ordered 
to  pay  such  warrants.  [Renumbered.  Approved  April  19, 
1909;  Stats.  1909,  p.  992.] 

Legislation  §26.  1.  Enacted  as  §  30,  March  11,  1889;  Stats.  1889, 
p.  120.  2.  §  30  amended  March  23,  1893;  Stats.  1893.  p.  336.  3.  §  30 
renumbered  §26,  April  19,  1909;  Stats.  1909,  p.  992.  The  original 
§  26  was  enacted  March  11,  1889  (Stats.  1889,  p.  118);  amended  by 
Stats.  1893,  p.  334;  renumbered  §  24  by  Stats.  1909,  p.  992,  q.  v.,  ante. 

Boys  may  be  transferred  from  state  prison. 

Sec.  27.  Any  boy  under  the  age  of  eighteen  years,  who 
is  undergoing  sentence  in  any  state  prison  in  this  state 
(except  such  as  are  undergoing  a  life  sentence),  and  who 
shall  be  deemed  a  fit  subject  for  training  in  the  said  school, 
may,  upon  recommendation  of  the  state  board  of  prison 
directors,  with  the  approval  of  the  governor,  be  transferred 
to  said  school  for  the  unexpired  period  of  his  sentence,  and 
when  honorably  discharged  from  said  school,  as  herein- 
before provided,  shall  be  entitled  to  such  benefits  and  immu- 
nities as  are  provided  for  the  other  inmates  of  the  institu- 
tion. [Renumbered.  Approved  April  19,  1909;  Stats.  1909, 
p.  992.] 


SCHOOL  OF  REFORM.  845 

Legislation  §27.  1.  Added  as  §  oJ,  Pehiuaiy  7,  1907;  Stats.  1907. 
().  o.  2.  §31  renumbered  §27,  April  19,  1909;  Stats.  1909,  j).  992. 
The  origiual  §  27  was  enacted  March  11,  1889  (Stats.  1889,  p.  118); 
amended  by  Stats.  1893,  p.  334;  repealed  by  Stats.  1909,  p.  992. 

See.  28.     [Renumbered  section.] 

Legislation  §  28.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  119. 
2.  Amended  March  23,  1893;  Stats.  1893,  p.  335.  3.  Amended  and 
renumbered  §  25,  April  19,  1909;  Stats.  1909,  p.  592;  q.  v.,  ante. 

When  inmate  must  support  himself. 

Sec.  29.      [Repealed  section.] 

Legislation  §  29.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  119. 
2.  Amended  March  23,  1893;  Stats.  1893,  p.  336.  3.  Repealed  April 
19,  1909;  Stats.  1909,  p.  992. 

Sec.  30.     [Renumbered  section.] 

Legislation  §  30.  1.  Enacted  March  11,  1889;  Stats.  1889,  p.  120. 
2.  Amended  March  23,  1893;  Stats.  1893,  p.  336.  3.  Renumbered 
§  26,  April  19,  1909;  Stats.  1909,  p.  992;  q.  v.,  ante. 

Sec.  31.      [Renumbered  section.] 

Legislation  §  31,  1.  Added  February  7,  1907;  Stats.  1907,  p.  3. 
2.  Renumbered  §  27,  April  19,  1909;  Stats.  1909,  p.  992;  q.  v.  ante. 

Act  takes  effect  when. 

Sec.  31.     This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Effect  of  Juvenile  Court  Law.  This  act  superseded  as  to  com- 
mitment by  §  28  of  the  Juvenile  Court  Act  of  1909  (Stats.  1909, 
p.  213),  and  1911  (Stats.  1911,  p.  673),  and  again  by  §  31  of  the 
.Tuvenile  Act  of  1913  (Stats.  1913,  p.  1288).  The  act  was  otherwise 
left  in  force.     It  is  therefore  inserted  in  full. 


An  Act  relating  to  co))imit}nciiis  to  the  state  scliool  at  Whit- 
tier  and  to  the  Preston  School  of  Industry;  fixing  t\e 
authority  to  examine  and  commit  to  sucli  schools  with 
the  superior  court  judges  of  the  coitnties,  and  fixing  the 
responsihilities  from  which  commitments  are  made  to 
the  state  for  maintenance  of  the  persons  committed  there- 
from; providing  for  the  manner  of  payment  thereof,  and 
fixing  the  responsibility  of  the  parents  to  the  counties 
from  which  their  children  are  committed. 

[Approved  March  26,  1895;  Stats.  1895,  p.  122.] 

§  1.  Only    superior    judges    shall    commit    to    Whittier    and    Prestori 

schools.     Parents  shall  pay. 

§  2.  Counties  shall  pay. 

§  3.  Duty  of  clerk  of  court.     Duty  of  county  treasurer. 

§  4.  Duty  of  superintendents  of  state  schools. 

§  5.  Conflicting  acts  repealed. 

§  6.  Act  takes  effect  when. 


8-46  Al'PKiXDlX. 

Only  superior  judges  shall  commit  to  Whittier  and  Preston 
schools.  Parents  shall  pay. 
Section  1.  Tli(!  .su])orioi'  jiuIro  o\'  any  county,  and  no 
ollu'i-  judicial  officer,  shall  have  power  to  examine,  dis- 
ch;ii'^''e,  or  connnit  any  offender  either  to  tJic  AVhittier  State 
Schoolor  to  the  Preston  School  of  Industry;  provided,  that 
the  superior  judge  .shall  determine  whether  or  not  the  parent 
or  guardian  of  any  minor  connnitted  to  the  Whittier  State 
School  or  to  the  Preston  School  of  Industry  is  able  to  pay 
to  the  county  in  which  the  commitment  is  made  for  the 
maintenance  of  such  minor  during  the  term  of  such  com- 
mitment; and  when  the  superior  judge  shall  determine  that 
said  parent  or  guardian  hns  the  ability  to  pay  as  aforesaid 
for  the  maintenance  of  such  minor  during  the  term  of  such 
confinement,  the  parent  or  parents  or  guardian  shall  pay 
into  the  treasury  of  such  county  the  sum  of  eleven  dollars 
per  month  in  advance ;  and  in  case  of  the  failure  to  pay  the 
same  as  herein  provided,  it  shall  be  the  duty  of  the  district 
attorney  of  such  county  to  proceed  to  collect  the  amount 
from  such  parent,  parents,  or  guardian  in  the  manner  that 
other  indebtedness  against  the  county  is  collected. 

Counties  shall  pay. 

Sec.  2.  For  each  and  every  person  hereafter  committed 
to  either  the  Whittier  State  School  or  the  Preston  School  of 
Industry,  the  county  from  Avhich  the  commitment  is  made 
shall  pay  into  the  state  treasury  the  sum  of  one  hundred  and 
thirty-two  dollars  per  annum,  and  at  that  rate  for  each  frac- 
tion of  a  year. 

Duty  of  clerk  of  court.    Duty  of  county  treasurer. 

Sec.  3.  It  is  hereby  made  the  duty  of  the  clerk  of  the 
superior  court  of  the  county  from  which  such  commitment 
is  made,  to  certify  to  the  county  auditor  the  name,  age,  and 
date  of  commitment  of  each  person  committed  by  the  supe- 
rior judge  thereof,  and  the  amount  due  to  the  state  from 
the  county  by  reason  of  such  commitments,  and  before  the 
first  day  of  May  and  December  of  each  and  every  year  to 
file  with  the  treasurer  of  the  county  a  statement  of  the 
number  of  commitments,  with  the  date  thereof,  and  the 
amount  due  from  the  county  by  reason  of  such  commit- 
ments, to  the  state  treasurer;  and  it  is  further  made  the 
duty  of  the  county  treasurer,  during  the  settlement  or  at 
the  time  of  the  settlement  with  the  state  during  the  month 
of  May  and  December  of  each  year,  to  pay  to  the  state  treas- 
urer, through  the  state  controller,  the  amount  so  found  to 


SEDUCTION — SHIPPING.  »  Si? 

be  duo  to  the  state  by  reason  of  commitments  to  the  state 
seh()(ils  as  herein  provided. 

Duty  of  superintendents  of  state  schools. 

Sec.  4.  The  superintendent  of  tlie  state  school  at  Whit- 
tier  and  the  Preston  School  of  Industry  are  hereby  required 
to  transmit  to  the  state  treasurer  a  statement  of  all  com- 
mitments to  their  respective  institutions,  showino'  the  name 
of  the  person  committed,  the  date  of  the  commitment,  and 
the  county  from  Avhich  the  commitment  is  made,  and  the 
amount  due  to  the  state  from  the  county  by  reason  of  such 
commitments ;  said  statement  to  be  made  quarterly,  as  fol- 
lows :  On  or  before  the  first  day  of  January,  the  first  day 
of  April,  the  first  day  of  July,  and  the  first  day  of  October 
of  each  year ;  and  it  is  hereby  made  the  duty  of  the  con- 
troller of  state  to  add  the  amounts  due  to  the  state  from 
said  counties  such  sum  as  may  be  shown  to  be  due  by  reason 
of  commitments  to  such  schools,  as  in  section  two  of  this  act 
13rovided. 

Conflicting-  acts  repealed. 

Sec.  5.  All  acts  and  parts  of  acts  in  conflict  herewith  are 
hereby  repealed. 

Act  takes  effect  when. 

Sec.  6.     This  act  shall  take  effect  immediately. 

SEDUCTION. 

An  Act  to  punisli  seduction. 
[Approved  March  1,  1872;  Stats.  1871-72,  p.  184.] 

Seduction. 

Section  1.  Every  person  who  inveigles  or  entices  any  un- 
married female,  of  previous  chaste  character,  under  the  age 
of  eighteen  years,  into  any  house  of  ill-fame,  or  of  assigna- 
tion, or  elsewhere,  for  the  purpose  of  prostitution,  and  every 
person  who  aids  or  assists  in  such  abduction  for  such  iDur- 
pose,  and  every  person  who  by  any  false  pretenses,  false 
representation,  or  other  fraudulent  means,  procures  any 
female  to  have  illicit  carnal  connection  Avith  any  man,  is 
punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing one  year,  or  by  a  fine  not  exceeding  one  thousand  dol- 
lars, or  by  both. 

SHIPPING. 

See  ante,  Appendix,  tit.     "Buoys  and  Beacons." 


H4S  Ai'i'i:.\i)i\, 


STATK   I'KISONS. 

.1;;  Act  providing  for  (lie  crccliou  and  opcrdlioti  of  rock- 
crjisliing  plants  at  the  state  prisons,  for  the  preparation 
of  highway  material  for  the  benefit  of  the  people  of  the 
state,  and  providing  for  the  necessary  advances  and 
appropriation  of  money  to  carry  out  said  work. 
[Approved  March  28,  1895;  Stats.  1895,  p.  274.] 

§  1.  Rock-crushing   plants   may   be   established. 

§  2.  Cost  of  product,  how  to  be  estimated. 

§  3.  Sale  price. 

§  4.  Profit  to  be  paid  into  state  treasury. 

§  5.  Prison  directors  may  lease  railroad  cars. 

§  6.  Appropriation. 

§  7.  Revolving  fund. 

§  S.  Conflicting  acts  repealed. 

§  9.  Act  takes  effect  when. 

Rock-crushing"  plants  may  be  established. 

Section  1.  The  governor  of  the  state,  the  state  prison 
directors,  and  the  hnreau  of  liighways  (or  if  the  latter  shall 
not  be  established,  then  and  in  that  case  the  two  first 
named)  shall,  when  satisfied  that  fifty  thonsand  cnbic  yards 
of  prepared  road  or  highway  metal,  as  hereinafter  described, 
will  be  taken  for  highway  purposes,  purchase,  establish,  and 
operate  at  one  or  both  of  the  state  prisons,  a  rock  or  stone 
crushing  plant,  to  be  operated  by  convict  labor  and  by  the 
application  of  powder  under  control  of  the  state  prison  direc- 
tors, and  with  such  free  labor  as  is  necessary  for  superin- 
tendence and  direction,  to  crush  rock  or  stone  into  road- 
metal  for  highway  purposes,  of  different  and  necessary  de- 
grees of  fineness ;  provided,  that  the  authority  and  direction 
hereby  and  herein  conferred  and  given,  shall  not  be  exer- 
cised or  employed  until  the  governor  and  the  state  prison 
directors  are  satisfied  that  transportation  can  be  had  for 
such  highway-metal  for  highway  purposes  at  just  and  rea- 
sonable rates,  and  so  as  to  justify  the  setting  up  and  opera- 
tion herein  provided  for  of  said  plant. 

Cost  of  product,  how  to  be  estimated. 

Sec.  2.  When  such  plant  described  in  section  one  is  set 
up  and  operated  there  shall  be  taken  into  account  in  ascer- 
taining the  cost  of  producing  highway-metal  therefrom,  only 
the  cost  of  necessary  explosives,  oil,  fuel,  tools,  and  machin- 
ery exclusive  of  the  plant  itself,  repairs,  superintendence, 
and  direction,  and  the  preparation  and  maintenance  of  beds, 
boxes,  crates,  or  other  unloading  devices  for  carriage  and 
delivery  from  cars  of  said  highway-metal. 


STATE  PRISONS.  •    849 

Sale  price. 

See.  3.  'J'o  said  cosl  of  pi-oduetion  so  ascertained,  as  set 
out  in  section  two,  there  shall  be  added  for  and  to  each  and 
every  cubic  yard  of  highway-metal  so  produced,  ten  per 
cent,  and  the  i-esult  or  product  of  such  addition  shall  be 
the  sale  price  of  such  metal  delivered  from  the  plant  free  on 
board  of  the  cars  or  other  vehicles  of  transportation. 

Profit  to  be  paid  into  state  treasury. 

Sec.  4.  Said  ten  per  cent  shall,  as  realized,  and  not  less 
frecpiently  than  semi-annually,  be  paid  into  the  state  treas- 
ury, until  there  shall  have  been  paid  in  the  full  sum  of 
twenty-five  thousand  dollars,  and  thereafter  said  percentage 
shall  be  reduced  to  five  per  cent,  and  the  same,  as  realized, 
shall  bfe  paid  into  the  fund  for  the  support  of  the  state 
prisons. 

Prison  directors  may  lease  railroad  cars. 

Sec.  5.  The  state  prison  directors  are  hereby  authorized 
to  lease  railroad  cars  Avith  equipment  suitable  for  the  rapid 
and  economical  handling  and  delivery  of  highway  material 
prepared  as  aforesaid,  whenever  in  their  judgment  the  in- 
terests of  the  people  of  the  state  will  be  conserved  thereby 
in  the  matter  of  highway  construction  by  the  use  of  such 
highway-metal  so  produced,  as  in  this  act  provided.  The 
cost  of  such  leasing  shall  in  such  case  be  carried  into  the 
cost  of  production  described  in  section  two. 

Appropriation. 

Sec.  6.  The  sum  of  thirty  thousand  dollars  is  hereby  ad- 
vanced by  the  state,  for  the  purposes  of  this  act,  and  said 
sum  is  hereby  appropriated  out  of  the  general  fund  of  the 
treasury,  subject  to  the  demand  of  the  state  prison  direc- 
tors; and  the  state  controller  shall,  on  presentation  of  such 
demand,  in  writing,  draw  his  warrant  upon  the  treasurer  for 
the  said  sum  of  money  in  behalf  of  said  state  prison  direc- 
tors, and  the  state  treasurer  shall,  on  presentation  of  such 
warrant,  pay  the  same.  Twenty-five  thousand  dollars  of 
said  sum  of  money  so  advanced  and  appropriated  shall  be 
returned  to  the  fund  from  which  drawn,  as  is  sj)ecified  and 
directed  in  this  act. 

Revolving-  fund. 

Sec.  7.  The  sum  of  five  thousand  dollars  is  hereby  set 
apart  out  of  the  money  so  appropriated  in  the  previous  sec- 
tion, to  and  for  the  usage  [use]  of  the  state  prison  directors, 
to  provide  and  maintain  a  permanent  revolving  fund  for 
the  purchase  of  tools,  machiner}-,  and  other  material  and 

Pen.  Code — 54 


850  APPENDIX. 

H]i|)linii('('s,  ('X('lii,si\('  of  the  ostablisliinciit  of  the  plant  de- 
sci'ihcd  ill  this  act,  to  he  used  in  tlie  ])r()coss  of  crushing  and 
handling  I'oclv  or  stono  at  the  state  i;)risons  for  the  purposes 
contemplated  and  set  out  in  this  act.  All  money  taken 
from  said  revolving  fund  shall  be  used  exclusively  in  pay- 
ment i'or  such  supplemental  machinery,  tools,  material,  and 
appliances  necessary  to  the  proper  (piarrying,  handling,  and 
l)re])aring  of  highway  mat(>rial  at  said  state  i)risons;  and  so 
much  of  the  money  received  for  sale  of  higlnvay-mctal  as 
shall  be  necessary  to  that  end  shall  be  returned  to  said  re- 
volving fund  as  is  needed  to  keep  the  same  constantly  at  the 
said  figure  of  five  thousand  dollars. 

Conflictmg'  acts  repealed. 

Sec.  8.  All  acts  or  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

Act  takes  effect  when. 

Sec.  9.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

All  Act  to  regulate  and  govern  the  operation  of  ike  rock- 
er usJting  plant  at  the  state  prison  at  Folsom,  to  provide 
for  the  sale  of  crushed  rock,  and  the  disjjosiiion  of  the 
revenues  derived  therefrom. 

[Approved  March  11,  1S97;  Stats.  1897,  p.  99.] 

Repealed  1913,  p.  1034. 

An  Act  to  authorize  and  empower  the  state  board  of  prison 
directors  to  purchase  California-grown  hemp,  to  he  used 
in  the  manufacture  of  grain-hags,  and  to  fix  the  price  at 
which  such  hags  shall  be  sold. 

[Approved  March  16,  1901;  Stats.  1901,  p.  515.] 

Prison  directors  authorized  to  purchase  Califomia-grown 
hemp. 

Section  1.  The  state  board  of  prison  directors  are 
authorized  and  empowered  to  purchase  California-grown 
hemp,  to  be  used  in  the  manufacture  of  grain-bags,  and  to 
pay  for  the  same  from  the  revolving  fund  created  by  law 
for  the  purchase  of  jute.  The  price  for  which  grain-bags 
made  at  said  prison  from  hemp  shall  be  sold  shall  be  fixed 
by  the  state  board  of  prison  directors,  in  the  same  manner 
as  the  price  of  bags  made  from  jute  is  now  by  law  fixed  by 
said  board. 

Act  takes  effect  vi^hen. 

Sec.  2.     This  act  shall  take  effect  immediately. 


STATE  PRISONS.  851 

Ah  Act  to  aitthorize  and  cmpoirer  the  state  hoard  of  prison 
directors  to  insure  jute  and.  jute  goods  against  either  fire 
or  marine  loss  and  to  pay  the  cost  of  such  insurance  from 
the  revolving  fund  for  the  purchase  of  jute. 

[Approved  March  10,  1909;  Stats.  1909.  p.  281.] 

Insurance  of  jute  goods. 

Section  1.  The  state  board  of  prison  directors  is  hereby 
authorized  and  empowered  to  insure  from  time  to  time 
against  fire  or  marine  loss,  all  jute  and  jute  goods  owned  by 
the  state,  in  such  amounts  as  it  may  deem  proper.  The  cost 
of  such  insurance  shall  be  paid  from  the  revolving  fund  for 
the  purchase  of  jute. 

Act  takes  effect  when. 

Sec.  2.     This  act  shall  take  effect  immediately. 

An  Act  directing  the  state  prison  directors  of  the  state  of 
California  to  employ  at  least  twenty  prisoners  in  the 
construction  of  roads  to  the  state  prisons  at  San  Quentin 
and.  at  Folsom. 

[Approved  March  12,  1903;  Stats.  1903,  p.  127.] 

State  prisoners,  employment  of,  on  public  roads. 

Section  1.  The  state  prison  directors  of  the  state  of  Cali- 
fornia are  hereby  authorized  and  directed  to  employ  at  least 
twenty  prisoners  daih'-  during  fair  weather,  in  the  construc- 
tion and  repair  of  such  public  roads  as  have  been  or  shall 
hereafter  be  laid  out  or  opened  by  the  board  of  supervisors 
of  Marin  County,  and  which  extend  from  San  Quentin  state 
prison,  or  the  grounds  surrounding  the  same,  to  Point 
Tiburon,  San  Rafael,  and  all  railroad  stations  in  Marin 
County  which  lie  in  the  neighborhood  of  the  said  state 
prison ;  providing,  that  no  work  shall  be  done  by  such  pris- 
oners beyond  a  point  six  miles  distant  from  said  prison 
buildings ;  and  also  to  employ  at  least  twenty  prisoners 
under  like  conditions  on  roads  extending  from  the  state 
prison  at  Folsom  in  Sacramento  County  or  connecting 
therewith;  providing,  that  no  work  shall  be  done  by  such 
prisoners  beyond  a  point  six  miles  distant  from  said  prison 
building. 

Act  takes  effect  when. 

Sec.  ^.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Similar  acts.  Acts  similar  in  terms  were  passed  in  1893  (Stats 
1893,  p.  141);  in  1897  (Stats.  1897,  p.  6);  in  1891  (Stats.  189l' 
p.  222).  ' 


S;')2  APPENDIX. 

An  Acl  concirniny  the  payment  of  llic  expenses  and  costs  of 
the  trial  of  convicts  for  crimes  committed  in  the  stale 
prison,  and.  to  pay  the  costs  of  the  trial  of  escaped  con- 
victs, and  to  pay  for  the  expenses  of  coroner  inqnests  i)L 
said  prison. 

[Approved  April  12,  1880;  Stats.  1880.  p.  4:',.] 
See  this  act,  ante,  Appendix,  tit.  "Costs." 

An  Act  to  establish  hoard  of  parole  commissioners  for  the 
parole  of  and  government  of  paroled  piHsoners. 

[1.  Approved  March  23,  1893;  Stats.  1893,  p.  183.     2.  Amended  Febru- 
ary 28,  1901;  Stats.  1901,  p.  82.] 

Repealed  June  16,  1913;  Stats.  1913,  p.  1048.     See  this  not  in  Gen- 
eral Laws,  Act  2619a. 

An  .let  to  provide  for  the  creation  of  a  hoard  of  parole  com- 
missioners for  eacli  county  in  this  state,  for  the  paroling 
of  prisoners  confined  in  county  jails,  and  authorizing  and 
cmpoive'ring  such  hoards  to  make  rules  and  regulations 
in  relation  thereto. 

[Approved  March  25,  1909;  Stats.  1909,  p.  783.] 

This  act  is  printed  in  its  entirety  in  the  General  Laws, 
tit.     "Parole  Commissioners,"  Act  2620. 


SUPERVISORS. 

An  Act  to  autJiorize  hoards  of  sujjer visors  to  pay  the  expenses 
of  posse   comitatus  in   crimi)ial   cases. 
[Approved  April  16,  1880;  Stats.  1880,  p.  102.] 

Posse  comitatus. 

Section  1.  The  board  of  supervisors  of  any  county  may 
allow,  in  their  discretion,  such  compensation  as  they  may 
deem  just,  to  defray  the  necessary  expenses  that  have  been 
incurred  by  a  posse  comitatus  in  criminal  cases ;  provided, 
no  claim  shall  be  allowed  for  exi)enses  Avhich  have  not  been 
incurred  within  one  year  before  such  allowance. 

Act  takes  effect  when. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


INDEX. 

(S53) 


INDEX. 
A 

ABALONE.     See  Game  LaAvs. 
Protection  of,  §  628. 
Possession   of  shells,  when   a  misdemeanor,  §  628. 

ABANDONMENT. 

Animals,  of,  rights  and  duties  of  humane  officer  §  o97f. 
Children  of,  punishment  of,  §§  271,  271a.     See  Parent  and  Child. 
Husband,  by.     See  Husband  and  "Wife. 
Parent,  by.     See  Parent  and  Child. 
Wife,  of.     See  Husband  and  Wife. 

ABDUCTION.     See  Kidnaping;  Prostitution. 
Jurisdiction  of  offense,  §  784. 

Of  minor  female  for  prostitution,  punishment  of,  §  267. 
Punishment   of.     Appendix,  tit.   "Seduction." 
Woman,  of,  punishment,  §  265. 

ABETTING. 

Out  of  state,  by  person,  punishment,  §§  27,  77Sb. 

ABETTOR.     See  Accessories. 

ABORTION, 

Administering  drugs  to  produce,  punishment   of,  §  274. 

Advertising  to  prevent    conception    a    felony,  §  317. 

Advertising  to  procure,  a  felony,  §  317. 

Advertising  to  procure   miscarriage  a  felony,  §  317. 

Evidence   of,  §  1108. 

Prosecutrix   must   be    corroborated,  §  1108. 

Soliciting  materials  for,  punishment,  §  275. 

Submitting   to,   punishment,  §  275. 

Using  instruments  to  procure  miscarriage,  punishment,  §  274. 

ABSENCE. 

Application    for    removal    heard    in    defendant's    absence,    when, 

§  1034. 
District   attorney,   of,   appointing   another,  §  1130. 
Jury,  of,  adjournment  of  court,  §  1142. 
Limitation  of  action  when  defendant  out  of  state,  §  802. 

ACCESSORIES. 

Abetting  by  person  out  of  state,  punishment,  §  27,  778b. 

All   persons   concerned  liable   as  principals,  §  971. 

Before   act   and  principal,  distinction   between   abolished,  §  971. 

Concealing  felony  makes  one  an  accesssory,  §  32. 

Corroboration   of,  §  1111. 

Duel,  in,  punishment,  of,  §  228. 

Election  laws,  aiding  and  abetting  violations  of,  a  misdemeanor, 

§52. 
Indicted  and  tried,  may  be,  though  principal    accpiitted,  §  9(  2. 
Indicted  and  tried,  may  be,  though  principal     not,  §  972. 

(855} 


S5G  JNDEA. 

ACCESSORIES.      (Coutinued.) 

Jiulictiiiont  of,  allegations,  §  97  I. 

Int'onnation  against,  allegations  in,§!)7l!. 

Jurisdiction   of   Gllenso   of,    when   prineinal   offense   out    of  eoiuitv, 

§791. 
Lottery,  to,  guilty   of  misdemeanor,  §  ;!22. 
Misdemeanor,  one  aiding  in,  guilty  of  misdemeanor,  §  Go9. 
One  harboring  persons  charged  with  felony  is  an  accessory,  §  :\'2 
Parties  to  crime  are  principals  or  accessories,  §  XU. 
Principals,  who  are,  §  31. 
Principals.     See  Principals. 
Punishment  of,  §  33. 
Who  are,  §  32. 

ACCIDENT. 

As  affecting  liability  for  crime,  §  26. 
Homicide   by,   excusable,  §  19.5. 

ACCOMPLICE.     See  Accessory. 

Conditional    examination    at    iireliminary    examination,  §  S82. 
Conviction  on  teslimony  of,  §1]11. 
Corroboration  of,  necessary,  §  1111. 
Corroboration  of,  sufficiency  of  eviilence,  §  1111. 
Definition  of  accomplice,  §  1111. 

ACCOUNT, 

Falsification  of  by  public  officers,  punishment  of,  §  424. 
Fraud  in  corporation's,  punishment  of,  §  .563. 
Presenting  fraudulent  to  public  officer,  a  felon}-,  §  72. 

ACCUSATION  AGAINST  PUBLIC  OFFICERS. 

Appeal  lies  from  ruling  on,  §§  770,  1238. 

Appearance,  failure  of  defendant  to  make,  proceedings,  on,  §  761. 

Appearance,  time  for,  §§  760,  761,  772. 

Copy  of  to  be  served  on  defendant,  §  760. 

Defendant  may  object  to  sufficiency  of  or  deny  the  truth  of,  §  762. 

Defendant  to  appear  and  answer,  §  761. 

Delivered  to  district  attorney,   must  be,  §  760. 

Denial  may  be  oral  and  without  oath,  §  764. 

Denial  of  charge,  proceedings  on,  §  766. 

Denial  of,  manner  of,  §  764. 

Denial  to  be  entered  on  minutes,  §  764. 

District  attorney,  against,  to  be  presented  to  grand  jury,  §  771. 

District  attorney,  proceedings  where  accusation  presented  against, 

§771. 
District  attorney,  to  be  delivered  to,  §  760. 
Filing  original  accusation,  §  760. 
Form  of  accusation,  §  750. 
Form  of  objection  to,  §  763. 
Grounds  of,  §  758. 
In  what  court  found,  §  890. 

Judgment,  causes  of  removal  to  be  assigned,  §  769. 
Judgment  of  removal  to  be  pronounced  on  conviction,  §  769. 
Judgment  to  be  entered  before  effective,  §  769. 
Jury,  trial  to  be  by,  §  766. 

Notice  to  defendant  to  appear  before  superior  court,  §  760. 
Objection  to,  need   not  be  in   any  specific   form,  §  763. 
Objection  to,  overruled,   defendant    must   answer  forwith,  §  76.5. 
Objection  to,  sufficiency  of,  §  763. 


INDEX.  857 

ACCUSATION  AGAINST  PUBLIC  OFFICERS.      (Coutiuiied.) 
Objection  to,  to  be  in  writing,  §  7(33. 
Officers,  against,  to  be  preseutod  by    graml  jury,  §  758. 
Plea  of  guilt}',  proceedings  on,  §  7(36. 
Private  person,  by,  citation  to  officer,  §  772. 
Private  person,  by,  judgment  on  conviction,  §  772. 
Private  person,  by,  time  of  liearing,  §  772. 
Private  person  may  file  against  officer,  §  772. 

Private  person,  proceedings  on  accusation  against  officer  by,  §  772. 
Proceedings  against  officers  ma}'  be  prosecuted  by   accusation  or 

information,  §  889. 
Proceedings  if  defendant  does  not  appear,  §  761. 
Proceedings   if   defendant  refuses   to   answer,  §  766. 
Proceedings  on  denial   of  charge,  §  766. 
Proceedings  on  plea  of  guilty^,  §  766. 
Proceedings  to  remove  officers  may  be  by,  §  889. 
Process   to   compel  attendance  of  witness,  both  sides   entitled  to, 

§768. 
Eefusal  to  answer,  proceedings  on,  §  766. 
Eemoval  on,  appeal  from,  §  770. 

Eemoval  on,  appeal  from.     See   Offices   and   Officers. 
Time  for  defendant  to  appear,  §§  760,  761,  772. 
To  be  delivered  to  district  attorney,  §  760. 
To  be  filed  with  cleric  of  court,  §  76(3. 
Trial,  how  conducted,  §  767. 
Trial  to  be  by  jury,  §  767. 
Trial,  when,  to  proceed,  §  766. 
"What  court  found  in,  §  890. 
What  prosecutions  must  be  by,  §  889. 

ACCUSED.     See  Defendant. 

ACID. 

Throwing  upon  another,  punishment  for,  §  244. 

ACKNOWLEDGMENT. 

Convict  may  make,  §  675. 

False  personation  in  making,  punishment  of,  §  529. 

ACQUITTAL. 

Advising  jury  to  acquit,  power  as  to  and  effect  of,  §  1118. 

Arrest  of  judgment,  effect  of  as,  §  1188. 

Costs    against    prosecutor,    judgment    for    and    enforcement    of, 

§§1447,1448. 
Court  may  advise,  §  1118. 

Defendant  discharged  on,  when  and  when  not,  §§  1165, 1447,  1454. 
Discharge   of   defendant  that  he  may  be  witness  is  an   acquittal, 

§1101. 
Effect  of  for  higher  offense,  §  1023. 
Foreign,  a  defense,  §  656. 
Former,  form  of  verdict  on  plea  of,  §  1151. 
Former.     See  Former  Jeopardy. 
Insanity,    proceedings    after    verdict    of    acquittal    on    ground    of. 

§  1167. 
-Tudgment  of  can  be  entered  on  informal  verdict,  when,  §  1162. 
Person  not  subject  to  prosecution  after,  §  687. 
Prosecutor,  judgment  entered  against  for  costs,  when,  §  1448. 
Prosecutor  ordered  to  pay  costs  on,  when,  §  1447. 
Seasonable  doubt,  defendant  entitled  to,  §  1096. 
V^erdict  of  acquittal  cannot  be  reconsidered,  §  1161. 


858  INDEX. 

ACTIONS. 

Authority  of  court  to  wliifli  rcinovetl,  §  103S. 

(.'ivil  remedies  for  erimiiial  afts,  §  9. 

f'lork  to  ])rop;ire  calendar,  §  1017. 

Crimiiinl,  defined,  §  (iS.?. 

Defendant  as  witness  in,  §  1,'12:!. 

Dismissal  of,  fi;ronnds  of,  §  ir!S2. 

Formation  of  trial  .iury,  manner  of,  §  1046. 

Forms  of  and  rules  of  pleading  in,  §  948. 

In   whose  name  prosecuted,  §  6S4. 

Indictment,  when  found,  §  S03. 

Limitation   of.     See  Limitation   of   Actions. 

Merger  of  civil  and  criminal,  §  9. 

Parties  to,  §  684. 

Party  prosecuted,  how  designated,  §  GS.^. 

Place  of.     See  Venue. 

Proceedings  where  offense  triable  in   another  county,  §  827. 

Property   stolen    without   and   brought    within    state,   jurisdiction, 

§  789. 
Prosecuted  in  name  of  people  of  state,  §  684. 
Record  of,  what  constitutes,  §  1207. 
Eemoval,  application  for,  how  made,  §  1034. 
Eemoval,  application  for,    proceedings    if    defendant    in    custody, 

§  1037. 
Removal,  application  for,   when    granted,  §  103.5. 
Eemoval,  ap])lication  made  by  attornej'  and  heard  in  defendant's 

absence,  when,  §  1034. 
Eemoval  of,  before  trial,  grounds  for,  §  1033. 
Eemoval,  on  whose  application  granted,  §  1033. 
Eemoval,  order  of  entry  of,  §  10.36. 
Eemoval  pending    actions    not    affected    by    statute    relating    to, 

§  1035. 
Removal,  transmission  of  papers,  §  1038. 

Eemoval,  transmitting  certified  copy  of  proceedings,  §  1036. 
Eemoval,  want  of  fair  and  impartial  trial,  §  1033. 

ADJOUENMENT. 

Absence  of  jury,  court  may  adjourn  pending,  but  deemed  open  for 

business,  §  1142. 
Admonition  of  jury  on,  §  1122. 
Court,  by,  during  jury's  absence,  §  1142. 
Discharge  of  defendant  from  eustodv,  and  continuance,  where  not 

brought  to  trial,  §  1383. 
•Tustice's  court,  of  trial  in,  §  1433. 
Preliminary  examination,  of,  §§  861,  862. 
Trial,  of,  ordered  when  and -how,  §  1052. 

ADMINISTRATIVE  OFFICER, 

Code  sections  applicable  to,  §  76. 
Crimes  by  and  against,  §  77. 

ADMINISTRATOR. 

Embezzlement,  when  guilty  of,  §  506. 

ADMONITION. 

Of  jury  on  adjournment,  §  1122. 

ADULTERATION. 

Articles,  of.  in  general,  §  3S2. 
Butter.     See  Butter. 


INDEX.  859 

ADULTERATION.      (Contimica.) 

Candy,  adulterated,  selling  or  keeping  a  misdemeanor,  §  402a. 

Candy,  adulteration  of,  a  misdemeanor,  §  402a. 

Dairy  prodiiets,  act  establishing  standards  of  quality.  Appendix, 
tit.  "Dairies." 

Dairy  products,  act  prohibiting  adulteration  and  dece])tion  in  sale 
of.     Appendix,  tit.  ''Dairies." 

Dairy  products,  adulteration  of,  act  defining.  Appendix,  tit. 
"Dairies." 

Drugs,  act  relating  to.     Appendix,  tit.  "Adulteration";  "Drugs." 

Drugs,  manufacture,  sale  or  transportation  of  adulterated,  mis- 
labeled or  misbranded,  act  to  prevent.  Appendix,  tit. 
"Drugs." 

Drugs,  meaning  of,  §  383. 

Drugs,  traffic  in,  act  regulating.     Appendix,  tit.  "Drugs." 

Drugs,  when  adulterated,  §  383. 

Food,  act  providing  against  adulteration  of.  Appendix,  tit  "Adul- 
teration." 

Food,  drugs  or  liquors,  of,  punishment,  §  382. 

Food,  liquors,  or  drugs,  tainted  or  adulterated,  penalty  for  selling 
or  keeping,  §§  382,  383. 

Food,  meaning  of,  §  383. 

Food,  of,  a  misdemeanor,  §  382. 

Food',  of,  meaning  of,  §  383. 

Food  or  drugs,  tainted  or  adulterated,  selling  a  misdemeanor, 
,       §§  382,  383. 

Food,  when  adulterated,  §  383. 

Foods,  liquors  and  drugs,  act  preveiiting  manufacture,  sale,  etc., 
of  mislabeled  or  misbranded.     Appendix,  tit.  "Adulteration." 

Foods,  liquors  and  drugs,  act  regulating  traffic  in.  Appendix,  tit. 
"Adulteration." 

Foods,  liquors  and  drugs,  state  laboratory  for,  act  providing  for. 
Appendix,  tit.  "Adulteration." 

Honey,  act  relating  to.     Appendix,  tit.  "Adulteration." 

Milk,  act  to  prohibit  adulteration  and  deception  in  sale  of.  Ap- 
pendix, tit.  "Dairies." 

Milk,  act  to  prohibit  use  of  chemicals  and  other  materials  to  pre- 
vent fermentation.     Appendix,  tit.  "Dairies." 

Milk,  adulteration  of  defined.     Appendix,  tit.  "Dairies." 

Milk,  certified,  act  regulating  production  and  sale  of.  Appendix, 
tit.  "Dairies." 

Milk,  products,  act  to  prohibit  use  of  chemicals  and  other  mater- 
ials in,  to  prevent  fermentation.     Appendix,  tit.  "Dairies." 

Milk,  standards  of,  act  establishing.     Appendix,  tit.  "Dairies." 

Paints,  oils,  varnishes  and  pigments,  act  to  prevent  adulteration 
of.     Appendix,  tit.  "Adulteration." 

Quicksilver,  sale  of  debasedfi  a  misdemeanor,  §  367. 

Eetail  dealer  not  guiltv  of  if  he  has  guaranty  of  purity  from  seller, 
§  382. 

Sale  of  adulterated  food,  punishment  of,  §  382. 

Syrup,  act  relating  to.     Appendix,  tit.  "Adulteration." 

Wiue,  act  relating  to.     Appendix,  tit.  "Adulteration." 

"Wines,  act  to  establish  uniform  wine  nomenclature  for  pure  wines. 
Appendix,  tit.  "Adulteration." 

Wine,  act  to  prevent  deception  in  manufacture  and  sale  of.  Ap- 
pendix, tit.  "Adulteration." 

ADULTERY.     See  Prosecution. 

Act  to  punish,  §  269a,  Legislation. 


son  INDEX. 

ADULTERY.      (Continued.) 

Conipoti'ncy  of  luishand  or  wife  as  wihics.s,  §  1!)'22. 

Living  in  state  of  is  a  inisilcmoanor,  §  '2t)9a. 

Ijivinjj  in   state  of,  punisliniont  of,  §  'J(i!)a. 

Married   persons,  by,  a  felony,  §  2n01i. 

?/arried   persons,  by,   proof  of  marriage  on  prosecntion  for,  §  26'Jb. 

Married   persons,  by,  jinnislunent  of,  §  2(59b. 

Open  and'  notorious  living  in,  a  misdemeanor,  §  2G9a. 

Open  and  notorious  living  in,  by  married  persons  a  felony,  §  269b. 

Open  and  notorious  living  in,  by  married  persons,  marriage,  how 

proven, §  269b. 
Open  and  notorious,   punishment   for  living  in,  §  269a. 
Open  and  notorious,  punisliment  for  living  in  by  married  person, 

§  269b. 

ADVERTISEMENT. 

.Miortion,  to  procure,  a  felony,  §  317. 

Attorney  advertising  to  procure  divorce  or  annulment,  guilty  of 
misdemeanor,  §  1.59a. 

False  statements  as  to  quality  of  goods  sold  a  misdemeanor,  §  6o4a. 

False  statements,  making  in  advertisement  of  real  estate  a  misde- 
meanor, §  654b. 

Injuring,  punisliment  of,  §  616. 

Lottery,  advertising  a  misdemeanor,  §  323. 

Obscene  writing,  composing  or  publishing,  a  misdemeanor,  §  311. 

Placing  on  property  without  consent,  a  misdemeanor  §  602. 

Posting  on  state  property  without  license,  a  misdemeanor,  §  602. 

Posting  without  license  of  owner,  a  misdemeanor,  §  602. 

AFFIDAVIT.     See  Perjury. 

Change  of  venue,  for,  §  1034. 

Conditional  examination  of  witness,  on,  §  1337. 

Defectively  entitled,  valid,  §§  1401,  1460,  1563. 

Deposition,  for.     See  Deposition. 

Entitling  in  special  proceeding,  §  1563. 

Examination  on  commission,  for,  §§  1352,   1460,   1563. 

Justices'  courts,  in,  entitling,  §  1460. 

Making  of,  what  deemed   complete,  within  perjury  statute,  §  124. 

Need  not  be  entitled,  §§  1401,  1460,  1563. 

Oath  includes  affirmation,  §  119. 

Perjury    in,    subsequent    contradictory    statements,    evidence    of, 

§  il8a. 
Perjury  in,  what  constitutes,  §  118a. 
Police  court,  entitling  affidavit  in,  §  1460. 
Subsequent   contradictory   statements,   evidence   of  falsity,  §  118a 

AFFINITY. 

-luror,  challenge  for,  §  1074. 

AFFIRMATION. 

Oath  includes,  §§  7,  119. 
Testify  includes,  §  7. 

AFFRAY. 

.Jurisdiction  of  justice's  court  over,  §  1425. 

AGENT. 

Embezzlement,  when  guilty  of,  §§  504,  506,  508. 

False  statement  to  principal,  punishment  of,  §  536. 

Insolvent  bank,  agent   receiving   deposit,   punishment   of,  §  562. 


INDEX.  861 

AGENT.      (Continued.) 

Insolvent  bank,  overdiavviug  account,  a  misdemeanor,  §  561. 
Insurance,  of  foreign  company  not  complying  with  law,  §  439. 
Statement  of  sales,  dnty  to  make,  §  .53(ia. 
Statement  of  sales,  punishment  for  failure  to  make,  §  .536a. 
Statement  of  sales,  what  sufficient,  §  536a. 

AIDERS..    See  Accessories. 

ALAMEDA  COUNTY. 

Fishing  in  San  Leandro  Creek  and  Lake  Chabot  forbidden.  Ap- 
pendix, tit.  "Fish." 

ALBICORE.     See  Game  Laws. 

ALCOHOL.     See  Intoxicating  Liquors. 

ALIEN. 

■     Aliens    incapable    of   becoming    electors    prohibited    from    fishing. 
A[)pendix,  tit.  "Fish." 
Challenge  to,  as  grand  juror,  §S9fi. 

ALTERATION. 

In  book  of  records  is  forgery,  §  471. 

Offering  fraudulently  altered  evidence,  a  felony,  §  132. 

Of  legislative  bill  or  resolution.     See  Legislature. 

'Of  public  record  by  officer,  iiunishment  of,  §  113. 

Of  public  record'  by   other  than  officer,  puuisinnent  of,  §  114. 

AMENDMENT. 

Challenge,  of,  §  1062. 
Indictment,  of.     See  Indictment. 
Information,  of.     See  Information. 

AMERICAN  FLAG. 

Desecration  of  flag  prohibited.     Appendix,  tit.  "Flag." 

AMMUNITION.     See  Cartridges. 

Selling  to  Indians  a  misdemeanor,   §  398. 

AMUSEMENTS.     See  Theaters. 

ANESTHETIC.     See   Drugs. 

ANIMALS.     See  Game  Laws;  Xuisance;  Railroad. 

Abandoned,  rights  and  duties  of  officers  of  humane  society,  §  597f. 

Act  concerning  trout  in  Siskiyou  County,  continued  in  force,  §  23, 

Act  for  prevention  of  cruelty  to  animals  continued  in  force,  §  23. 

Act  for  prevention  of  cruelty  to  animals.  Appendix,  tit.  "Ani- 
mals." 

Act  to  prevent  destruction  of  fish  in  Bolinas  Bay  and  Napa  River 
continued  in  force,  §  23. 

Act  to  preserve  fish  and  game  in  and  around  Lake  Merritt  con- 
tinued in  force,  §  23. 

Act  to  protect  stock-raisers  in  certain  counties  continued  in  force, 
§23. 

Act  to  regulate  salmon  fisheries  in  Eel  River  continued  in  force, 
§23. 

Birds.     See  Birds. 

Boar,  permitting  to  run  at  large,  a  misdemeanor,  §  597g. 

Branding  of,  punishment  of,   §  357. 

Brands,  altering,  punishment  of,  §§  357,  357^2- 


8t)2  INDEX. 

ANIMALS.      (Continued.) 

liristlc  or  tack-biir  or  similar  dovii-e,   use  of   prohibited.     Appcu 

dix,  tit.  ".Xiiiniais." 
Buck  goat  ponnittiiig  to  run  at  large,  a  misdemeanor,  §  ")97g. 
Bull,  permitting  to  run  at  large,  a  misdemeanor,  §  597g. 
Certificate    of    registration,  obtaining    by  fraud    a    misdemeanor, 

§  o.^7a. 
Complaint   that  law  relating  to   is  about  to  be   violated,  warrant 

to  be  issued  on,  §  ;j99a. 
Contagious  or  infectious  disease,  bringing  animal  with  into  state, 

§  402. 
Corralling  over  or  near  waters,  a  misdemeanor,  §  374. 
Cranes.     See  Cranes. 
Cruelty  to.     See  Cruelty  to  Animals. 
Dead,   putting  or  allowing  to  remain  in  stream,  higiiway,  etc.,  a 

misdemeanor,  §  .374. 
Death  from  mischievous,  punishment,   §  399. 
Diseased,    failure    to    keep    from    other    animals    a    misdemeanor, 

§  402d. 
Diseased,   failure   to   keep    from    other    animals,   punishment    of, 

§402d. 
Diseases,  act  to  prevent  spread  of  contagious  and  infectious  dis- 
eases amongst,  §  402d,  Legislation. 
Dogs  are  personal  property,  §  491. 
Dogs,  larceny  of,  value,  how  ascertained,  §  491. 
Drugs,  giving  to,  act  to  prevent.     Appendix,  tit.  "Auimals." 
Elk.     See  Elk. 

False  pedigree,  giving,  a  misdemeanor,  §  .537a. 
False  registration  of,  a  misdemeanor,  §  537a. 
Fish.     See  Fish;  Game  Laws. 
Game  laws.     See  Game  Laws. 

Glanders  or  farcy,  animal  having  to  be  killed,  §  402b. 
Glanders  or  farcv,  failure  to  kill  animal  having,  a  misdemeanor, 

§  402b. 
Glanders   or   farcy   or   infectious   diseases,   bringing   animals   into 

state  affected  with,  a  misdemeanor,  §  402. 
Glanders,    sale    or   exposure    of    animal   infected,    a    misdemeanor, 

§402. 
Grand  lareenA',  stealing  of,  is,  §  487. 
Gulls.     See  Gulls. 

Homing  pigeon.     See'  Homing  Pigeons. 
Impounded,  failure  to  feed,  a  misdemeanor,   §  .597e. 
Impounded,  right  to  enter  and  feed  and  charge  to  owner,  §  597e. 
Incinerating,  a  misdemeanor,  §  374. 

Injury  to  animal  obtained  at  livery-stable,  a  misdemeanor,  §  537b. 
Jacks,  duties  of  owners  who  let  to  jennies,  §  597g. 
Judges  of  the  plains,  acts  relating  to  continued  in  force,  §  23. 
.Judgment,  supreme  court  may  set  aside,  affirm  or  modify  judgment 

or  order  appealed  from,  §  1260. 
Killing,  a  misdemeanor,  §  597. 

Killing  animal  while  hunting  on  inclosed  land  of  another,  a  mis- 
demeanor, §  384c. 
Letting  certain  male  animals  run  at  large,  punishment  of,  §  597g. 
Letting  stallion  or  jack  tO'  mare  or  jenny  in  city,  punishment  of, 

597g. 
Maiming  or  torturing,  a  misdemeanor,  §  597. 

Maliciously  killing,  wounding,  or  maiming,  a  misdemeanor,  §  597. 
Marks  and  brands,  act  concerning  in  Siskiyou  County,  continued 

in  force,  §  23. 


INDEX.  863 

ANIMALS.      (Contiuued.) 

Marks  or  brands  on,  altering,  pnnisKment  of,  §§  357,  3571/^. 
Meaning    of    words    "animal,"    "torture,"     "torment,"    "cruelty," 

"owner"  and  "person,"  §  599b. 
Neglected   or  disabled,   powers   and   duties   of   officers   of   humane 

society,  §  597f. 
Offal  from,  putting  or  allowing  to  remain  in  street,  stream,  etc., 

a  misdemeanor,  §  374. 
Oyster-beds,  act   concerning  continued  in  force,   §  23. 
Oysters,  act  concerning  continued  in  force,  §  23. 
Ovsters,  trespassing  upon  property  where  planted  a  misdemeanor, 

§  602. 
Poisoning,  a  misdemeanor,  §  596. 

Poisoning,  act  to  prevent.     Appendix,  tit.  "Animals." 
Pollution  of  waters  by  live-stock,  punishment  of,  §  374. 
Predatory,  what  are,  §  Go7y>.     See  Game  Laws. 
Railroads,    leading,    driving    or    feeding,    along,    a    misdemeanor, 

§  369e. 
Earn,  permitting  to  run  at  large,  a  misdemeanor,  §  597g. 
Registration,  fraud  in,  a  misdemeanor,  §  537a. 
Rodeos,  acts  relating  to  continued  in  force,  §  23. 
Stallions,  duties  of  owners  of,  who  let  to  mares,  §  597g. 
Stallions,  permitting  to  run   at  large,  a   misdemeanor,   §  597g. 
State  veterinarian,  act  creating.     Appendix,  tit.  "Animals." 
Stock-raisers  in  Fresno,  Tulare,  Monterey  and  Mariposa  counties, 

act  for  protection  of,  continued  in  force,  §  23. 
Tam])eriug  with,  act  to  prevent.     Appendix,  tit.  "Animals." 
Transportation  of,  carrier  paying  for  care  and  feed  of,  has  lien 

on,  §  369b. 
Transportation  of,  duty  to  unload,  feed  and  water,  §  369b. 
Unfit  and  old,  duty  to"  kill,  §  599e. 

Unfit  and  old,  refusal  to  kill  after  notice,  a  misdemeanor,  §  599e. 
Unfit  and  old,  refusal  to  kill,  duty  of  humane  officer,   §  599e. 
Vicious    animal,    punishment    of    onwer    where    death    caused    by, 

§  399. 
Wild.     See  Game  Laws. 

ANNULMENT. 

Marriage,   of,   advertising   to   procure,   a   misdemeanor,    §  159a. 

ANSWER.     See  Plea;  Pleading. 
Arraignment,  to,  §  990. 
Impeachment,  in,  §§  743,  744. 
Refusal  to,  plea  of  not  guilty  entered,  §  1024. 

ANTELOPE.     See  Game  Laws. 

ANTWERP   MESSENGER.     See   Homing  Pigeons. 

APOTHECARY.     See  Druggists. 

APPEAL.     See  Exceptions;  New  Trial. 

Affirmance,  judgment  to  be  executed  on,   §  1263. 

Affirming  judgment   appealed   from,   §  1260. 

Announcement  of,  clerk,  failure  of  to  enter  does  not  affect  valid- 
ity of,  §  1241. 

Announcement  of,  clerk  to  enter,  §  1241. 

Announcement  of  in  open  court,  appeal  is  taken  by  making, 
§§  1239,  1240. 

Announcement  of,  time  of  making,  §§  1239,  1240. 


8(J-4  INDEX. 

APPEAL.      (Continued.) 

A  |)poaraiicc,  lU'loiulant  "JU't'd  not  porsuually  apjioar  in  bupri;nic 
coiirl,  §  ]23'). 

Ap[)eaian('e,  judgment  may  bo  aflirmed  without  but  can  be  re- 
versed only  after  argument,  §  12.53. 

Appellant,  who  is,  §  ]2'M]. 

Argument,   judgment   mav   be   aliirmcd   but   not   reversed    without, 

§  125:}.  ■ 

Aigument,  number  of  counsel  to  be  heard,  §  Il'.jI. 

Argument    on.   Sg  1252-] 254. 

Kail  upon,  §§1272,  1273,   1291,  1292. 

Bill  of  exceptions.     See  Excei)tions. 

Briefs  on,  [)rinting  of  not  recjuired  and  cannot  be  ordered,  §  12t7c'. 

Certificate  of  probable  cause  for,  elfect  of,  §§  1243-1245. 

Clerk's  duties  on,  §  124(5. 

Counsel,  number  of,   §  1254. 

Custod}',  proceedings  on  certificate  of  })robable  cause,  when  de- 
fendant in,  §  1244. 

Defendant,  effect  of  ajjpeal  by.   §  1243. 

Defendant,  how  taken  by,  §  1239. 

Defendant  niay,  in  what  cases,  §  1237. 

Defendant  may  not  appeal  from  order  carrying  unexecuted  sen- 
tence of  death  into  effect,  §  1227. 

Dismissal,  five  days'  notice,  §  1248. 

Dismissed  for  want  of  return,  §  1249. 

Dismissed  how,  and  for  what  irregularitv,   §  124S. 

Effect  in   general,    §§1242-1245. 

Effect  of,  by  defendant,  §  1243. 

Effect  of,  by  people,  §  1242. 

Either  party  may  appeal  on  cjuestions  of  law  alone,  §  1235. 

Entry  of  judgment  on,  §  1264. 

Errors,  immaterial,  in  general,  §§  9G0,  1258,  1404. 

Errors  not   affecting   substantial   rights   disregarded,   §  1258. 

Errors  not  prejudicial,  disregarded,  §§  960,  1258,  1404. 

Errors,  technical,  disregarded,  §  1258. 

Exception,  what  questions  ma}'  be  reviewed  although  no  excep- 
tion taken,  §  1259. 

Exceptions.     See  Exceptions. 

Grounds  for,  §§  1237,  1238. 

Hearing  and  determining,  time  for,  §  1252. 

How  taken  by  people,  §  1240. 

How  taken  from  decree  removing  one  from  office,  §  770. 

How  taken  from  judgment  by  defendant,  §  1239. 

How  taken  frem   order  made  after  judgment,   §  1239. 

Instructions,  giving,  refusing  or  modifying  may  be  reviewed 
although  no  objection  made,  §  1259. 

Instructions,  how  presented  for  review,   §  1176. 

Instructions  need  not  be  embodied  in  bill  of  exceptions,  §  1176. 

Instructions  with  indorsements  of  judge  on  become  part  of  rec- 
ord on  appeal,  §§  1127.  1176. 

Instructions,  written,  need  not  be  excepted  to,   §1176.- 

.Tudgment,  affirmance,  original  judgment  to  be  executed  on,  §  1263. 

.Tudgment,  certified  cony  remitted  to  clerk  of  lower  court,  §  1261. 

Judgment  on,  remedial  powers  of  supreme  court,   §  1260. 

-Tudgment  on,  to  be  entered.   §  1264. 

.Tudgment,  entry  and  remitting  of,  §  1264. 

.Tudgment,  errors  not  affectinfj:  substantial  rights  as  immaterial, 
disregarded,  §§960,  1258,  1404. 

Jurisdiction  ceases  after  judgment  remitted,  §  1265. 


INDEX'.  865 

APPEAL.      (Continued.) 

Law,  either  party  may  appeal  on  questions  of,   §  1235. 

Law,    questions    of   may    be    reviewed    without    exception    having 

been  taken,  §  1259. 
Lies  when,  by  defendant,  §  1237. 
Lies  when,  by  people,  §  1238. 
Modifying  judgment  appealed  from,  §  1200. 
New  trial,  may  order,  §  1260. 
New  trial,  where  to  be  had,  §  12G1. 
Oflfieer,  appealing  from  removal,  office  to  be  filled  pending  appeal, 

§770. 
Officer,  from   proceedings   to   remove,   how  taken,   §  770. 
Officer  suspended  pending  appeal  from  removal,  §  770. 
Order  after  judgment,  from,  §  1238. 
Order  carrving  into  effect  unexecuted  death  sentence,  not  appeal 

able,  §  1227. 
Papers,  clerk,  duty  of  in  preparation,  delivery,  and  transmission 

of,  §  1246.  , 
Papers,  time  of  sending  copies  of  to  appellate  court,   §  1246. 
Papers,  tvpewritten  copies  of  what  to  be  sent  to  appellate  court, 

§  1246. 
Papers  used  on,  clerk  to  give  typewritten  copies  of  to  defendant 

and  district  attorney  without  charge,  §  1246. 
Papers  used  on,  clerk  to  have  typewritten  copies  of  made  without 

charge,  §  1246. 
Papers,  what  used  on  ajipeal,  §  1246. 
Parties,  how  designated  on  appeal,  §  1236. 
Parties  on,  are  appellant  and  respondent,  §  1236. 
Peo'ple,  effect  of  appeal  by,  §  1242. 
People,  how  taken  by,  §  1240. 
People  may,  in  what  cases,  §  1238. 
Powers  of  appellate  court  on,  §  1260. 

Presence  of  defendant  not  necessary  in  appellate  court,  §  1255. 
Printing  of  briefs  or  record   on   not   required   and   cannot  bo   or- 
dered, §  1247e. 
Priority  of  hearing  on  appeal  from  removal  of  officer,  §  770. 
Proceedings  subsequent  to  and  dependent  upon  judgment  or  order 

appealed  from  may  be  modified,  affirmed  or  reversed,  §  1260. 
Record   on,   appellant  nmy   present   application   to   court   for  tran- 
scription of  reporter's  notes,  §  1247. 
Eecord  on,  application  for  transcription  of  reporter's  notes,   lime 

to'  file,  §  1247. 
Record  on,  application  for  transcription  of  reporter's  notes,  effect 

of  failure  to  file  in  time,  §  1247. 
Record  on,  application  for  transcription  of  reporter's  notes,  what 

to  state,  §  1247. 
Record  on,  how  prepared,  §§  1247-1247e. 
Record  on,  order  to  reporter  to  transcribe  notes  may  include  what 

testimony,  §  1247. 
Record  on,  order  to  reporter  to  transcribe  notes,  time  to  make, 

§  1247. 
Record  on,  order  to  transcribe  testimony,  proceedings  on  failure  of 

court  to  make  within  two  days,  §  1247. 
Record  on,  printing  of  cannot  be  ordered,  §  1247e. 
Record  on,  printing  of  not  required,  §  1247e. 
Record  on,  transcription  of  notes,  argument  not  objected  to,  to  be 

excluded  from,  §  1247. 

Pen.  Code — 55 


8G6  INDEX. 

APPEAL.      (Continued.) 

liocord  on,  transcription  of  notes,  ck-rk  to  deliver  copies  to  de- 
fendant and  district  attorney,  §  1247a. 

Kecord  on,  transcription  of  notes,  clerk  to  deliver  original  to 
court,  §  1247a. 

Record  on  transcription  of  notes,  copy  to  be  sent  to  attorney-gen- 
eral, §  1247a. 

Record  on,  transcription  of  notes,  corrections  of  and  certification 
of,  §  1247a. 

Record  on,  transcription  of  notes,  further  transcription  may  be 
ordered  b\'  apjiel^ate  court,  when,  §  124  7c. 

Record  on,  traiiscrii)tion  of  notes,  further  transcription,  proceed- 
ings when  appellate  court  orders,  §  1247c. 

Record  on,  transcription  of  notes,  number  of  copies  to  be  filed, 
§  1247. 

Record  on,  transcription  of  notes,  objection,  if  none,  court  to  so 
certify  and  return  to  clerk,  §  1247a. 

Record  on,  transcription  of  notes,  objections  .to,  time  to  file  and 
proceedings  on,  §  1247a. 

Record  on,  transcription  of  notes,  original  and  copies  to  be  certi- 
fied bj'  reporter,  §  1247. 

Record  on,  transcription  of  notes,  proceedings  where  not  obtained 
because  of  illness  or  death  of  reporter,  §  1247b. 

Record  on,  transcription  of  notes,  time  to  file,  §  1247. 

Record  on,  transcription  of  notes,  time  to  prepare,  appellate  court 
may  extend  on  affidavit,  §  1247d. 

RecorH  on,  transcription  of  notes,  time  to  prepare  cannot  be  ex- 
tended beyond  sixty  days,  §  1247d. 

Record  on,  transcription  of  notes,  time  to  prepare  cannot  be  ex- 
tended by  trial  court,  §  1247d. 

Record  on,  transcription  of  notes  to  be  filed  with  clerk,  §  1247a. 

Record  on,  transcription  of  notes  to  be  sent  to  appellate  court  after 
correctness  certified  to, §  1247a. 

Record  on  appeal,  transcription  of  testimonv,  proceedings  in  rela- 
tion to,  §  1247. 

Remedial  jiowers  of  supreme  court,  §  12ti0. 

Remitting  judgment,  jurisdiction  ceases  after,  §  1265. 

Remitting  judgment  on,  §§  1264,  1265. 

Respondent,  who  is,  §  1236. 

Return,  dismissal  for  want  of,  §  1249. 

Reversal,  may  order,  §  1260. 

Reversal  without  ordering  new  trial,  discharge  of  defendant  on, 
§  1262. 

Reversal  without  ordering  new  trial,  exoneration  of  bail  or  return 
of  money  on,  §  1262. 

Reviewed,  what  may  be,  §  1259, 

Right  of,  §  1235. 

Stay,  effect  of  appeal  by  people  as,  §  1242. 

Stay  of  proceedings  on  appeal  by  defendant,  §§  1243-1245. 

Superior  court,  to,  either  party  may  take,  §  1466. 

Superior  court,  to,  grounds  of,  §  1466. 

Superior  court,  to,  how  taken,  heard,  and  determined,  §  1467. 

Superior  court,  to,  new  trial  in  what  court  tried,  §  1469. 

Superior  court,  to,  proceedings  if  dismissed  or  judgment  affirmed, 
§  1470. 

Superior  court,  to,  statement  on,  §  146S. 

Superior  court,  to,  time  of  taking,  §  1467. 

Superior  court,  to,  when  allowed,  §  1466. 


INDEX.  867 

APPEAL.      (Continued.) 

Taken,  how,  §§  770,  1239,  12-10. 

Technical  errors  to  be  disregarded,  §  1258. 

Time  for  hearing  and  determining,  §  1252. 

Time  of  making  announcement  from  judgment,  §  12.39. 

Time  of  making  announcement  of  by  people,  §  1240. 

Time  of  making  announcement  of  from  order,  §  1239. 

Title  of  action  not  changed  on,  §  1236. 

Transcription   of    shorthand    reporter's   notes.     See   ante,    Kecord, 

this  title. 
When  lies,  §§  1237,1238. 
Who  maj^  take,  §  123.5. 

APPEAEANCE. 

Accusation,  failure  to  appear,  proceedings  on,  §  761. 

Accusation,  of  defendant  to  answer,  §  761. 

Appeal,  judgment  may  be  affirmed  but  not  reversed  without  ap- 
pearance, §  1253. 

Appeal,  of  defendant  not  necessary  on,  §  1255. 

Arraignment,  defendant  if  in  custody  and  appearance  necessary, 
to  be  brought  in,  §  978. 

Arraignment  of  defendant,  for,  §  977. 

Bail,  of  defendant  admitted  to,  commitment  on,  §  1129. 

Bail.     See  Bail. 

Commitment  of  witness  refusing  to  give  security  for,  §  881. 

Corporation,  failure  of  to  appear,  proceedings  on,  §§  1396,  1427. 

Corporations,  of,  §§  1396,  1427. 

Impeachment,  proceedings  on  failure  to  appear,  §  742. 

Trial,  compelling  appearance  on,  §  1043. 

Trial  of  defendant,  on,  §  1043. 

Verdict,  of  defendant  when  jury  renders,  §  1148. 

Witness,  of,  expense  of,  §  1329. 

Witness,  of,  preventing,  a  misdemeanor,  §  136. 

Witness,  undertaking  to  appear,  forfeiture  for  nou-appearancee, 
§  1332. 

APPOINTMENT. 

Buying  or  selling,  penalty  for,  §  73,  note. 
Buying,  to  office,  a  misdemeanor,  §  J3. 
By  public  officer  for  reward,  punishment  of,  §  74. 
Receiving  reward  for,  punishment  of,  §  74. 

APPRAISER. 

Accepting  fee  or  compensation  not  allowed,  a  misdemeanor, 
§  653 1^. 

APPRENTICE. 

Aiding  to  run  away,  or  harboring,  a  misdemeanor,  §  646. 
Eight  hours,  requiring  to  work  over,  a  misdemeanor,  §  651. 
Unlawful  apprenticeship,  a  misdemeanor,  §  272. 

AQUEDUCTS. 

Destroying  or  injuring,  a  misdemeanor,  §  607. 

ARBITRATOR. 

Bribe,  arbitrator  asking,  receiving,  or  agreeing  to  receive,  punish- 
ment of,  §  93. 
Bribery  of,  punishment  of,  §  92. 

Influence,  improper  attempts  to,  punishment  of,  §  95. 
Intimidation  of,  punishment  of,  §  95. 


808  INDEX. 

ARBITRATOR,      (('(nitiiiuod.) 

Makiii;;-   pruiiiisi'    or   ayii'diiciit    to    ^i\  a    decision,    jjuiiisimi.i.i    ,i( 

§9(3. 
Miscoudiitt  of,  imnishincnt  of,  §  iiG. 
Keeeiviiig  bribe,  jninislimeiit  of,  §  93. 
Keceiviiig  cominunieation    oiiliride    of   proceediiiK,    iiiini.sliiiient    of, 

§  !H). 

ARGUMENT. 

Di'iiiurrer,  on^  time  for  hoariu<;,  §  lOOG. 
Oil  appeal.     ISee  Appeals. 
On  trial.     See  Trial. 

ARMS. 

lienevoleiit  or  social  organizations,  nienilx'rs  of,  niuN-  wear  sworfls, 

§  734. 
Kiglit  to  parade  with,  §  734. 

Soiling  to  Indians,  provision  as  to  repealed,  §  398. 
State,  having  or  selling,  a  niisdenieanor,  §  442. 

ARMY  AND  NAVY. 

Unlawfully    wearing    badge    of    (ii'and    Arm\',    imnishnient    of.     A])- 
pendix,  tit.  "Grand  Ami}'." 
Wearing  uniform   of   United   States   Army,   when    a    misdemeanor, 
§  4421,^. 

ARRAIGNMENT. 

Allowance  of  time  to  defendant  on,  to  answer  information  or  in- 
dictment, §  990. 

Answer  to,  what  proceedings  may  be  taken  by  defendant  in, 
§990. 

Bail  iu  another  county,  proceedings  on  giving,  §  9S4. 

Bail,  increasing,  §  985. 

Bench-warrant,  by  whom  and  how  issued,  §  980. 

Bench-warrant,  directions  in,  when  offense  bailable,  S  982. 

Bench-w^arrant,  directions  in,  when  offense  not  bailable,  §  982. 

Bench-warrant,  form  of,  §§  981,  982. 

Bench-warrant,  how  served,  §  983. 

Bench-warrant,  service  in  another  countj',  §  983. 

Bench-warrant  to  issue  to  defendant  out  on  bail  failing  to  appear, 
§979. 

Bench-warrant,  when  defendant  ordered  into  custody,  §  986. 

Bench-warrant.     See  Bench-warrant. 

Commitment,  ordering  where  bail  increased,  §  986. 

Consists  in  what,  §  988. 

Copy  of  evidence  before  grand  jurv  to  be  served  on  defendant, 
'§988. 

Counsel,  appointment  of,  §  987. 

Counsel,  informing  of  right  to,  §  987. 

Court,  before  what,  §  976. 

Custody,  ordering  into,  §§  985,  986. 

Defendant  mav  move  to  set  aside,  demur  or  plead  to  indictment, 
§  990. 

Demur  allowing  defendant  time  to,  on,  §  990. 

Felony,  defendant  must  be  personally  present,  §  977. 

How  made,  §  988. 

If  in  custody  and  appearance  necessary,  to  be  brought  in,  §  978. 

If  indictment  found,  copy  of  evidence  to  be  served  on  defendant. 
§988. 

Judgment,  of  defendant  for,  and  proceedings  on,  §  1200. 


INDEX.  S69 

ARRAIGNMENT.      (Continued.) 
Made  bow,  §  988. 

Misdeineauor,  defeudaiit  may  api'ear  by  c-ouusel,  §  977. 
Misdemeauor,  defeudant  need  not  be  personally  preseut,  §  977. 
Name,  proceedings  wiion  defendant  not  indicted  by  true,  §  9S9. 
Place  of,  §  97G. 

Pleading  to  indictment  or  information,  §  99U. 
Time  of,  §  97(3. 
Where  to  be  had,  §  97G. 
Who  to  make,  §  988. 

ARREST,     aee  Bail. 

Appearance,  failure  to  make,  arrest,  §  979. 

Assistance,  may  be  summoned  by  person  making,  §  839. 

Attorney  may  visit  defendant,  §  825. 

Attorney,   refusing  to   allow   to   visit   defeudant,   punishment   and 

liability  for,  §  825. 
Authority,  arrest  without  lawful,  a  misdemeauor,  §  14G. 
Bail,  after  release  on,  §§  1310-1317. 

Bail  may  arrest  defendant  for  purpose  of  surrender,  §  1301. 
Bail.     See  Bail. 

Bench-warrant,  arrest  under  and  proceedings  on,  §  1199. 
Bench-warrant.     See  Bench-warrant. 
Breaking  doors  and  windows  to  make,  §§  841,  815. 
Breaking  w-iudow  and  doors  to  liberate  one's  self  after  enveriug  to 

make,  §  845. 
Breaking  windows  and  doors  to  liberate  one  assisting  in  making, 

§845. 
Breaking  windows  and  doors  to  retake,  §  855. 
Civil  process,  support  of  prisoner  arrested  on,  §  1612. 
Conspiracy  to  indict,  punishment  of,  §  182. 
Conspiracy  to,  punishment  of,  §  182. 
Coroner  to  order,  when  and  hoW',  §§  1517-1519. 
Corporations,  summons  to  issue,  on  offense  by,  §  1427. 
Corporations,  summons  to,  served  how,  §  1427. 
County,  offense  committed  in  another  county,  proceedings,  §  827. 
Day  or  night,  when  may  be  made  in,  §  840. 
Dead  bodj',  of,  a  misdemeanor,  §  295. 
Defendant  at  trial,  of,  §  1129. 
Defendant  to  be  taken  before  what   magistrate,  §§  821,   822,   827, 

828. 
Defined,  §  834. 
Delay,  defendant  to   be   taken  before   magistrate   without,  §§  825, 

847,  849. 
Delay  in  taking  arrested  person  before  magistrate,  a  misdemeanor, 

§145. 
Deposition  on  examination  of  prosecutor  and  witnesses,  §  811. 
Depositions  and  w-arrants  to  be  delivered  to  magistrate  hearing, 

§§  826,  827,  828,  829. 
Directions  in  writ,  officer  to  follow,  §  848. 
Discharge  of  defendant  arrested  on  warrant  from  wrong  county, 

§1116. 
Doors  and  windows,  person  making  arrest  may  break  in  freeing 

himself,  §  845. 
Doors  or  windows,  right  to  break  in  arresting  rescued  or  escaped 

prisoner,  §  855. 
Doors  and  windows,  right  to  break  in  making,  §  844. 
Duty  of  officer  arresting  with  warrant,  generally,  §  S4S. 
Escape,  rearrest  of  one  making,  §  854. 


870  INDEX. 

ARREST.      (('oiitiiUK'(L) 

l^xaniiiijitioii  oi'  prosecutor  iiiid  witin-ssos  ii|ioii  iiifoi  Million  of 
otl't'iKse,  §  Sll. 

K.xtrailitioii,  S§  1548-1555. 

I'^alsc,  a  niisdcnioaiior.  §  l-Mi. 

Koloin',  tiiiu!  wliou  iiiav  he  iiiadc,  §  S4u. 

Force",  what  may  be  used,  §§  843,  844. 

Fuf>itive  from  justice,  warrant  of  arrest  may  i.s.sue  for,  S  l.">49. 

l'\i^itive.     fSee  E.xtradilion ;  Fugitives  from  .Justice. 

Fugitives  from  this  state,  of,  e-xpenses  of  making,  payuieut  'of, 
§  1557. 

Grounds  for,  §§  836,  837. 

Habeas  corpus,  instead  of,  §§  1497-1499. 

Habeas  corpus,  on  disobedience  to,  §  1479. 

Homicide  in  making,  justifiable,  §  196. 

How  made,  §§  834,  835,  S4  1,  842. 

Indorsement  on  warrant  for  ser\"ice  out  (  f  count v,  wli;it  necessary 
before,  §  820. 

Information  to  be  laid  Lefore  magistrate,  when  arrest  without 
warrant,  §  849. 

Informing  defendant  of  cause  of  arrest  and  authority,  §  841. 

Inhumanity  to  prisoners,  punislunent  of,  §  147. 

.Tudgment,  arrest  of  defendant  out  on  bail,  §  1199. 

.Judgment,  of .     See  Arrest  of  Judgment;  .Judgment. 

Justice's  court,  warrant  from,  issues  when,  §  1427. 

I^idnaping.     See  Kidnaping. 

Magistrate,  inability  to  act,  taking  before  nearest  magistrate, 
§  824. 

Magistrate,  may  orally  order,  when,  §  838. 

Magistrate,  private  person  arresting  to  take  defendant  before 
without  delay,  §  847. 

Magistrate,  taking  before,  §§  821,  822,  824,  827,  828,  829. 

Magistrate,  taking  before  another  than  the  one  issuing  the  war- 
rant, proceedings  on.  §§  826,  827. 

Magistrate,  taking  before  nearest,  §§  825,  827,  828. 

Ma'gistrate,  taking  before,  without  delay,  §§  145,  825,  847,  849. 

Magistrates,  who  are,  §  808. 

Misdemeanor,  for,  when  can  be  made  at  night,  §  840. 

Misdemeanor,  to  be  made  in  daytime,  generally,  §  840. 

Money  and  property,  taking  from  prisoner,  §§  1412,  1413. 

Night,  when  and  when  may  not  be  made  at,  §  840. 

Offense  triable  in  another  county,  proceedings  on,  §  827. 

Out  of  county,  generally,  §§  819,  820. 

Out  of  county,  indorsement  on  warrant,  §§  819,  820. 

Out  of  county,  of  defendant  for  misdemeanor,  proceedings  on, 
§§  822-824. 

Out  of  county,  proceedings  on  taking  bail,  §  823. 

Peace-oflfieer  may  make,  §§  834,  836. 

Peace-officers,  who  are,  §  817. 

Peace,  of  person  threatening  a  breach  of,  §  703. 

Posse  comitatus,  refusing  to  join,  punishment  of,  §  150. 

Posse  comitatus,  supervisors  authorized  to  pay  expenses  of.  Ap- 
pendix, tit.  "Supervisors." 

Private  person  arresting,  duty  of,  §§  847,  849. 

Private  person- may  make,  §  834. 

Private  person  may  make  in  what  cases,  §  837. 

Proceedings  where  defendant  taken  before  magistrate  other  tlian 
the  one  issuing  the  writ,  §§  826,  827. 


INDEX.  871 

ARREST.      (Continueu.) 

Process,  without,  a  misdemeanor,  when,  §  146. 

Receipt  for  money  or  property  taken  from  person  arrested,  §  1412. 

Receiving  a  reward  for  arrest  of  fugitive,  a  misdemeanor,  §  114. 

Eecommitment  after  bail,  §§  1310-1317. 

Refusal  of  officer  to  make,  })unishment  of,  §  142. 

Refusal  of  officer  to  receive  person  charged  with   crime,  punish- 
ment, §  142. 

Refusing  to  aid  officer  in,  punishment  of,  §  150. 

Rescued,  rearrest  of  one,  §  854. 

Restraint,  amount  of  allowable,  §  835. 

Rioters,  of,  §  727. 

Search  of  defendant,  §  1542. 

Summoning  persons  to  assist  in  making,  right  of,  §  839. 

Telegraph,  service  of  warrant  by,  proceedings  on,  §§  850,  851. 

Telegraph,  service  of  warrant  bj^,  who  may  order,  §§  850,  851. 

Time  when  maj^  be  made,  §  840. 

Verbal  order  of  magistrate,  by,  §  838. 

Warrant,  bench-warrant.     See  Bench-warrant. 

Warrant,  certifying  taking  of  bail  on,  §  823. 

Warrant,  depositions  what  to  contain,  §  812. 

Warrant,  duty  of  officer  arresting  with,  §  848. 

Warrant,  executed  how  in  another  county,  §  819. 

Warrant,  form  of,  §§  814,  1427. 

Warrant  indorsed  for  service  in  another  county,  liability  of  magis- 
trate, §  820. 

Warrant,   indorsement   for   service   in   another   county,   certificate 
necessary, §  820. 

Warrant,  indorsement  of  comraitmeut  on,  §  863. 

Warrant,  issuance  by  coroner.     See  Coroner. 

Warrant,  justice,  by,  form  of,  §  1427. 

Warrant,  justice  of  the  peace  may  issue,  §  1427. 

Warrant,  justice  when  to  issue,  §  1427. 

Warrant  must  be  shown,  when,  §  842. 

Warrant  must  issue  when,  §  813. 

Warrant,  name  or  description  of  defendant,  §  815. 

Warrant,  need  not  issue  for  offense  by  corporation,  §  1427. 

Warrant,  officer  may  arrest  persons  causing  animals  to  fight,  with 
out,  §  597d. 

Warrant,  person  arrested  without,  taking  before  magistrate  with- 
out delay,  §  849. 

Warrant,  police  judge  may  issue,  §  1427. 

Warrant,  proceedings  for  offense  triable  in  another  countv,  §§  827, 
.828. 

Warrant,  return  of  to  clerk,  §  883. 

Warrant,  service  of  by  telegraph,  proceedings  on,  §§  850,  851. 

Warrant,  service  by  telegraph,  who  may  order,  §  850. 

Warrant,  statement  of  offense,  §  815. 

Warrant  to  be  directed  to  and  executed  bv  peace-officer,  §  816. 

Warrant  to  be  directed  to  what  officers,  §'§  816,  818,  819. 

Warrant  to  be  shown  if  required,  §  842. 

Warrant,  when  to  issue,  §  1427. 

Warrant,  who  may  issue,  §  1427. 

Warrant,  without,  duty  of  person  making,  §§  847,849. 

Warrant,  without,  officer  may  make  when,  §  836. 

Warrant,  wdthout,  taking  defendant  before  magistrate,  §§  847,  849. 

Warrant  of.     See  Warrant  of  Arrest. 

Weapons  may  be  taken  from  arrested  person,  §  846. 


872  INDEX. 

ARREST.      (Coutiniied.) 

W  eai'oius  taUeu  to  lii'  dclixcicil  to  iiiaj^iHtiatc,  5  S  K). 

Wlio  may  maUe,  §  S.'U. 

Wiudows  and  doors,  [icr.soii  i)iakiii<r  arri'st  nia\'  liri'ali  in  t'rocinjj 
liiinself,  §  84.1. 

Wirulows  and  doors  ri^Jit  to  break  in  arrest iii;^  a  rescued  or  es- 
caped prisoner,  §  85."). 

Windows  and  doors,  ri^ht  to  break  in  making,  §  SM. 

Without  autliority,  a  misdemeanor,  §  14(). 

ARREST  OF  JUDGMENT. 

Acquittal,  when  is,  §  IISS. 

Appeal  from  order  res])ecting,  §  12158. 

Bar,  when  is  and  when  is  not,  §  1188. 

Commitment  after,  §  1188. 

Court  may  order,  without  motion,  §  11 8(5. 

Court's  own  motion,  order  on,  how  made,  §  11S6. 

Defendant,  when  to  be  held  or  discharged,  §  1188. 

Effect  of,  §§1187,  1188,  1-152. 

Failure  to  state  cause  of  action,  for,  §  1012. 

Grounds  for,  §  1185. 

.Justice's  or  police  court,  defendant  in  may  move  for,  §  1450. 

Justice's  or  police  court,  denial  of  motion,  judgment  to  be  pro- 
nounced and  entered,  §  1453. 

Justice's  or  police  court,  in,  effect  of,  §  1452. 

Justice's  or  police  court,  in,  grounds  for,  §  1452. 

.Tustice's  or  police  court,  motion  to  be  made  before  judgment, 
§  1450. 

Motion  for  defined,  §  1185. 

Motion,  without,  §  1186. 

Order  for,  to  be  entered  on  minutes  immediately,  §  1185. 

Time  to  make  motion,  §§  1185,  1450. 

Want  of  jurisdiction,  motion  on  ground  of,  when  may  be  made, 
§  1012. 

ARSON. 

Building  defined.  §  448. 

Building,  inhabited,  defined,  §  449. 

Burning  defined,  §  451. 

Burning  property  not  subject  of  arson,  punishment  of,  §  600. 

Burning,  what  constitutes,  §  451. 

Conspiracy  to   commit,   overt  act   necessary,  §  184. 

Defined,  §'447. 

Degrees  of,  §  453. 

First   degree,  what  constitutes,  §  454. 

Inhabited  building,  what  is,  §  449. 

Insured  propertj',  burning,  punishment  of,  §  548. 

Maliciously  burning  property  not  the  subject  of,  punishment  of, 
§600." 

Maliciously  burning  rafts  or  piles  of  wood,  lumber,  etc.,  a  misde- 
meanor, §  608. 

Murder  in  committing,  degree  of,  §  189. 

j^Tight-time  defined,  §  450. 

Ownership  of  building  by  person  other  than  accused  not  neces- 
sary, §  452. 

I'osse^ion  or  occupancy,  what  sufficient,  §  452. 

Punishment  of,  §  455. 

Second   degree,  what  constitutes,  §  454. 


JNOEX.  873 

ART. 

Injuring  works  of,  a  niisdenieanor,  §  622. 

ARTESIAN  WELLS. 

Act   to   prevent    waste   and   flow   of   water   from.     Appendix,   tit. 

"Artesian  Wells." 
Defined.     Appendix,  tit.  "Artesian  Wells." 
Eegulating   use   of   and    preventing  waste   of   percolating  waters. 

Appendix,  tit.  "Artesian  Wells." 
Waste  from,  defined.     Appendix,  tit.  "Artesian  Wells." 

ASSAULT. 

Battery  defined,  §  242. 

Caustic  chemicals,  with,  punishment  of,  §  244. 

Caustic    chemicals,    with,    what    constitutes,  §  244. 

Crime  against  nature,  to  commit,  punishment  of,  §  220. 

Deadly  weapon,  with,  by  prisoner,  punishment  of,  §  246 

Deadly  weapon,  with,  punishment  of,  §  245. 

Define^d,  §  240. 

Felony,  to  commit,  punishment  where  statute  does  not  specifically 

prescribe,  §  221. 
Justice's  court,  jurisdiction  over,  §  1425. 
Larceny,  with  intent  to  commit,  punishment   of,  §  220. 
Mayhem,  with  intent  to  commit,  punishment  of,  §  220. 
Murder,  with  attempt  to  commit,  punishment  of,  §§  217,  221. 
Officer,  by,  under  color  of  authority,  punishment  of,  §  149. 
Possession  of  deadly  weapon  with  intent  to,  a  misdemeanor,  §  467. 
President,  vice-president,   governors,  federal  judges,  or  executive 

officers,  on.     Appendix,  tit.  "Conspiracy." 
Prisoner,  by,  punishment  of,  §  246. 
Punishment,  assault  to  commit  rape,  §  220. 
Punishment,  assault  to  commit    infamous    crime    against    nature, 

§  220. 
Punishment,  assault  to  commit  mayhem,  §  220. 
Punishment,  assault  to  commit  robbery,  §  220. 
Punishment,  assault  to  commit  grand   larceny,  §  220. 
Punishment,  assault  to  commit  other   felonies,  §  221. 
Punishment,  simple  assault,  §  241. 
Punishment,  assault  with   caustic   chemicals,  §  244. 
Punishment,  assault  wath  deadly  weapon,  §  245. 
Punishment,  assault  by  prisoner  undergoing  life  sentence,  §  246. 
Punishment  where  statute  does  not  specifically  prescribe,  §  221. 
Eape,  with  intent  to,  punishment  of,  §  220. 
Robbery,  to  commit,  punishment  of,  §  220. 
Security   to   keep   peace,   when    committed   in   presence    of    court, 

§710. 
Sodomy,  with  intent  to  commit,  punishment  of,  §  220. 

ASSEMBLY.     See  Impeachment. 
Unlawful.     See  Eiot;   Eout. 

ASSESSMENT.     See  Tax. 

ASSESSOR.     See  Tax. 

False  name,  giving,  a  misdemeanor,  §  429. 
False  statement  respecting  taxes,  a  misdemeanor,  §  430. 
List  of  property,  refusal  to  give,  a  misdemeanor,  §  429. 
Obstructing  collection   of  taxes,   a   misdemeanor,  §  428. 
Refusing  to  give  true  name,  a   misilemeanor,  §  429. 


874  JNDLX. 

ASSIGNATION. 

Li'ttiiijr  or  k<>o]iii:g  lioiise  of,  a  misdemeanor,  §  316. 

ASSIGNEE. 

Ill  trust,  wlioii  guilty  of  omln'z/.lL'iueiit,  §  GOG. 

ASSIGNMENT. 

By  cU'litor  to  defraud,  puiiislniuMit  of,  §  M-1. 

ASSISTANCE,  WRIT  OF. 

l\c'tuniiii<r    to    take    posscfsion    after    dispossession    by,    a    misde- 
meanor, §  4  19. 

ASSOCIATIONS. 

Act    forbidding   wearing   of    badge    of   labor    union.     Appendix,   tit. 
"Labor  Unions." 
"Wearing  badge  of  without  right,   a  misdemeanor,  §  538b. 

ATTACHMENT. 

Dead  body,  of,  a  misdemeanor,  §  29."). 
Levj^  without  process,  a  misdemeanor,  §  146. 
Lottery,  of  property  offered  for  disposal  in,  §  32o. 

ATTEMPT  TO  COMMIT  CRIME. 

Extort,  attem])t  to,  by  -\erl)al  threats,  punishment  of,  §  524. 

One   mav   be   convicted   of,   altlioiigh    the   crime   was   perpetrated, 

§  663. 
On  trial  for  offense,  jury  may  convict  of,  §  1159. 
Ownership  of  another,  attempt  to  assume,  punishment,  §  181. 
Punishable,  how,  §§  664,   665. 
Punishable,  when,  §§  663,  665. 

Rescue  of  prisoner,  attempt  to,  punishment  of,  §  101. 
Second  offense,  punishment  of,  §  666. 

To  escape  from  other  than  state  prison,  a  misdemeanor,  §  107. 
To  escape  from  state  prison,  a  felony,  §  106. 
To  kill,  punishment  of,  §§  216,  217. 

ATTENDANCE.     See  Appearance. 

Of  witnesses  compelled,  §§  1326,  1330,  1513. 

ATTORNEY. 

Advertising  or  holding  one's  self  out  as,  a  misdemeanor,  §  161a. 

Advertising  to  procure  divorce  or  annulment,  punishment,  §  159a. 

Appointment  of  to  defend  defendant,  §  987. 

Argument  of,  in  trial  of  sanity.  §  1369. 

Argument  on  appeal,  §§  1252-1254. 

Argument,  order  of,  §  1093. 

Arraignment,  counsel,  defendant  to  be  informed  of  right  to,  §  987. 

Arrested  person,  counsel  may  visit,  §  825. 

Arrested  person,    refusing    permission    to    visit,    punishment    of, 

§  825. 
Buying  demands,   a  misdemeanor,  §  161. 
Buying  suits,  a  misdemeanor,  §  161. 

Cannot  defend  prosecutions  instituted  by  themselves,  §§  162,   163. 
Capper  for,  is  vagrant,  §  647. 
Champerty,  a  misdemeanor,  §  161. 
Collusion  by,  a  misdemeanor,  §  160. 
Common  barratry  defined,  §  158. 
Common  barratry,  how  punished,  §  15S. 
Common  barratry,  proof  of,  §  159. 
Deceit  by,  a  misdemeanor,  §  16'J. 


INDEX.  875 

ATTOKNEY.      (Coutinued.) 

Defendant  entitled  to,  §  6SC). 
Defendant,  may  visit,  §  825. 
Defendant,     refusing  permission  to  visit,  punishment  and  liability 

for,  §  825. 
Delaying  suit  by,  a  misdemeanor,  §  160. 
Embezzlement,  when  guilty  of,  §  506. 
Fees,  wrongfully  receiving,  a  misdemeanor,  §  160. 
Maintenance  and  champerty,  a  misdemeanor,  §  161. 
Misconduct,  a  misdemeanor,  §  161. 
Misconduct,  what  acts  are,  §  160. 

Moneys,  wrongfully  receiving,  a  misdemeanor,  §  160. 
Number  of,  who  may  argue,  §  1095. 

Partner,  suit  carried  on  b}',  cannot  defend,  §§  162,  163. 
Preliminary   examination,   right  to   counsel,  §§  858,   859. 
Prosecution  instituted  by  attorney  or  his  partner,  punishment  for 

defending,  §§  162,  163 
Eelationshi])   of    attorney   and    client   as   ground   of    challenge    to 

juror,  §  1074. 
Suit  formerly   carried   on   by,  may  not   defend,  §§  162,   163. 

ATTORNEY-GENERAL. 

Governor  may  require  opinion  from,  on  judgment  of  death,  §  1219. 

Liable  to  impeachment,  §  737. 

Officer  refusing  inspection  of  books,  papers,  etc.,  by,  a  mis- 
demeanor, §  440. 

Power   to   discontinue    or   abandon   prosecution,  §  1386. 

Proceedings  for  recovery  of,  property  offered  for  disposal  in 
lottery, §  325. 

AUCTION. 

Mock,  punishment   for  holding,  §  535. 

AUCTIONEER. 

Acting  as  unlawfully,  a  misdemeanor,  §  436. 
Forfeiture   of   license   for   holding   mock   auction,  §  535. 

AUDITOR. 

To  draw  warrant  for  expenses  of  jury,  §  1136. 

AUTHOR. 

Libel,  liability  for,  §  253. 

AUTHORITY. 

Assault  under  color   of,  punishment   of,  §  149. 

Joint,  majority  may  exercise,  §  7. 

Officer  arresting  without,  a  misdemeanor,  §  146. 

AUTOMOBILES. 

Collision,  duty  of   driver   in   case  of,  §  367c. 

Collision,  failure  of  driver  to  assist  in  case  of,  punishment,  §  367c. 
Driving   automobile   while  intoxicated,   punishment   of,  §  367d. 
Intoxicated   driver   injuring  person,   punishment   of,  §  367e. 
Temporarily  taking  without  consent,  a  misdemeanor,  §  499b. 
Temporarily  taking  without  consent,   punishment   of,  §  499b. 

AUTREFOIS  ACQUIT   OR  CONVICT.     See  Former  Jeopardy. 


87G  iNDKX. 

B 

BADGE. 

Of  labor  union,  act  forbidding  wearing  of.     Appendix,  tit  "Labor 

Unions." 
Of  secret   society,  wearing  witliout   right,  a   misdemeanor,  §  o38b. 

BADGERS, 

Are  predntory  animals,  §  C37Vi'. 

BAIL.     See   Arrest;   Undertaking. 

Admission  to,  defined,  §  12()S. 

Admission   to,  what    magistrates    have    power    of,  §§  1277,    1291. 

Admission  to,  where  jury  discharged  for  want  of  jurisdiction  of 
offense  committed  in  state,  §  1115. 

Allowance  of,  defendant  to  be  discharged  on,  §§  823,  1281,  1288. 

Another  county,  proceedings  on  giving  bail  in,  §  984. 

Appeal,  bail  may  be  given  on,  in  what  cases,  §  1273. 

Appeal,  bail  may  be  given  upon,  when,  §  1273. 

Appeal,  on,  how  put  in,  and  conditions  of,  §  1292. 

Appeal,  on,  qualifications   of,  §  1292. 

Appeal,  on,  wlien  allowed,  §  1272. 

Appeal,  on,  who  may  admit  to,  §  1291. 

Appearance  before  magistrate  on  being  held  to  answer,  bail  for, 
§1273. 

Appearance  before  magistrate  on  examination  of  charge,  bail  for, 
§  1273. 

Appearance,  faJhire  to  make,  bench-warrant.  §  979. 

Appearance,  faimre  to  make,  forfeiture,  §  979. 

Appearance,  may  be  given  to  secure,  §  1273. 

Arraignment,  increase    of,   on,  §  98-5. 

Arraignment,  proceedings  on  giving  bail  in  another  county,  §  984. 

Arrest  of    defendant  appearing  at  trial,  §  1129. 

Arrest  of  defendant  for  purpose  of  surrender,  §  1301. 

Bench-warrant,   arrest   under,   proceedings   on   giving  bail   in   an- 
other county,  §  984. 

Bench-warrant,  directions   in   as   to    taking   and    amount   of   bail, 
§  982. 

Bench-warrant,  duty   of   sheriff  where   offense   not   bailable,  §  982. 

Bench-warrant,  indorsement  on,  where  defendant  admitted  to  bail, 
§  982. 

Bench-warrant  to  defendant  out  on,  on  non-appearance,  §  979. 

Commitment  of  defendartt  who  has  given  bail,  where  he  appears 
for    trial,  §  1129. 

Commitment,  order  for  bail  on,  §  875. 

Conviction,  bail  after,  is    matter    of    discretion    in    what    cases, 
§  1272. 

Conviction,  bail  after,  is  matter  of  right  in  what  cases,  §  1272. 

Conviction,  bail  after,  upon   appeal,   when   given,  §  1273. 

Conviction,  bail  before,  is  jnatter  of  right  in  what  cases,  §  1271. 

Conviction,  bail  may  be  given   after,  in  what  cases,  §  1273. 

Conviction,  bail  may   be   given   before,   when  and   for   what   pur-, 
poses,  §  1273. 

County,  proceedings  on  giving  bail  out  of,  §§*823,  984. 

Death,  admission  to  bail  on   habeas  corpus  where  offense  punish- 
able with,  §  128G. 

Death,  defendant  to  be  given  into  custody  if  oH'ense  punishable 
with,  §  1285. 

Death,  offense  punishable  with,  when  only  bailable,  §  1270. 


INDEX.  877 

BAIL.     (Coutiuued.) 

Defendant  arrested  tor  misdemeanor  in  another  county,  taking 
before   magistrate   for   bail,  §  822. 

Defendant  arrested  in  another  county  for  misdemeanor,  proceed- 
ings on  taking  bail  from,  §  824. 

Defined,  §§  1268,  1269. 

Deposit  after  bail  given  and  before  forfeiture  exonerates  bail, 
§  1296. 

Deposit,  defendant  to  be  disharged  on  making,  §  1295. 

Deposit,  eifect  of  dismissal  of  action,  §  1384. 

Deposit,  forfeiture   of,  payment  into  treasury,  §  1307. 

Deposit,  forfeiture   on  failure  to  appear,  §  979. 

Deposit  instead   of,  §§  1295-1297. 

Deposit,  refunded  on  demurrer  sustained,  when,  §  1009. 

Deposit,  refunding  of  where  defendant  discharged  because  not 
arrested  on  warrant  from  proper  county,  §  1116. 

Deposit,  refunding  when   defendant  surrendered,  §  1302. 

Deposit,  refunding  when  judgment  reversed  on  appeal,  and  new 
trial  not  granted,  §  1262. 

Deposit,  return  of  an  arrest  of  judgment,  §  1188. 

Deposit,  return  of  on  commitment  of  defendant,  after  conviction, 
§  1166. 

Deposit,  return     of  where  action  dismissed,  §  1384. 

Deposit,  return  of  where  defendant  committed  for  insanity, 
§  1371. 

Deposit,  return  of  where  jury  discharged  because  no  offense, 
§1117. 

Deposit,  return  of  where  motion  to  set  aside  indictment  or  in- 
formation   sustained,  §  997. 

Deposit  to  be  applied  in  payment  of  judgment  and  fine,  §  1297. 

Deposit,  to  be  applied  to  fine,  §  1297. 

Deposit,  when  and  how  made,  §  1295. 

Deposit,  when   forfeited,   how   disposed   of,  §  1307. 

Discharge  of  defendant  on  allowance  of,  §§  823,  1281,   128S. 

Discharge  of  defendant  on  his  own  recognizance,  when  granted, 
§  1383. 

Discretion,  bail  after  conviction  is  matter  of,  in  what  cases, 
§  1272. 

Discretion,  when  a  matter  of  after  conviction,  §  1272. 

Discretionary,  notice  of  application  to  be  given  to  district  at- 
torney  when   bail   is,  §  1274. 

Dismissal  of  action,   eifect   of   on  bail,  §  13S4. 

District  attorney,  notice  of  application  is  to  be  given  to,  when 
bail  is  discretionary,  §  1274. 

Examination   as   to   sufficiency  of,  §§  1280,   1288. 

Exonerated  where  demurrer  sustained,  when,  §  1009. 

Exoneration  of,  by  deposit,  §  1296. 

Exoneration  of  on  arrest  of  judgment,  §  1188. 

Exoneration  of  on  commitment  of  defendant  after  conviction, 
§  1166. 

Exoneration  of,  when  judgment  reversed  on  appeal,  and  new 
trial   not   granted,  §  1262. 

Exoneration  of  where   action    dismissed,  §  1384. 

Exoneration  of  where  defendant  committed  for  insanity,  §  1371. 

Exoneration  of  where  defendant  discharged  because  not  arrested 
on  warrant  from  proper  county,  §  1116. 

Exoneration  of  where  jury  discharged  because  no  offense.  §  1117. 

Exoneration  of  where  motion  to  set  aside  indictment  or  informa- 
tion sustained,  §  997. 


878  INDEX, 

BAIL.      (Coutinucd.) 

Faihiro  to  give,    piucoi'dings    (nijij.s:^!. 

Failure  to  give,  taking    before    magistrate,  §  S24. 

False  persouation  in  giving,  punislmieiit  of,  §  529. 

Fine,  bail  upon  appeal  in  case  of,  §  ]27;i. 

For  what  may  be  given,  §  127;j. 

Forfeiture,  if  defendant  fails  to  appear,  §  1305. 

Forfeiture  for  non-appearance  may  be  discharged,  when,  §  1305. 

Forfeiture  of,  action  by  district  attorney  against  bail,  §  1306. 

Forfeiture  of  deposit,  payment  into  treasury  for  non-appearance, 

§  1307. 
Forfeiture  of,  discharge  of,  on  subsequent  appearance,  §  1305. 
Forfeiture  of,  enforced  by  action,  §  1306. 
Forfeiture  of,  in  what  cases,  and  how  ordered,  §  1305. 
Forfeiture    of,    where    defendant    does    not    appear    at   judgment, 

§  1195. 
Forfeiture  on    failure   to   appear   at   arraignment,  §  979. 
Form  of   the  undertaking,  §§  1278,   1287. 

Form  of  undertaking  given  on  admission  to  bail  after  recommit- 
ment, §  1316. 
Fugitive  from  justice,  admission  to  bail,  §  1552. 
Fugitive    from    justice,    readmission    to    bail    by    superior    court, 

§1556. 
Fugitive  from  justice,   superior  court  may   cancel   bail,  §  1556. 
Fugitive  from  justice,   to   be   discharged   from  bail,   when,  §  1555. 
Habeas   corpus,  admitting  petitioner  to  bail  pending  application 

for,  §  1476. 
Habeas  corpus,  bail  on,  §§  1286,  1489,  1491. 
Habeas  corpus,  for  purpose   of  giving,  §  1490. 
How  put  in,  §  1278. 
Increase  of,  commitment  of  defendant  where  he  is  present  when 

order  made,  §  986. 
Increase    of,    issuance    of    bench-warrant    where    defendant    not 

present  at,  §  986. 
Increase  of,  ordering,  §§  985,   1289. 

Increase  of,  ordering    commitment    until    given,  §  1289. 
Increase  of,  proceedings  on,  §  1289. 

[ndictment,  bail  may  he  given  after  to  answer  indictment,  §  1273 
[ndictment,  on,  code  provisions  applying  to,  §  1288. 
Fndictment,  on,  discharge   of   defendant,  §  1288. 
indictment,  on,  form  of  undertaking,  §§  1278,  1287. 
Indictment,  on,  increase  or  reduction  of,  §  1289. 
Indictment,  on,  justification   of  sureties,  §  1288. 
Indictment  on,  qualifications  of  sureties,  §  1288. 
Indictment,  on,  when  offense  capital,  defendant  to  be  given  into 

custody,  §  1285. 
Indictment,    on,    when    offense    not    capital,    to    be    taken    before 

magistrate   for,  §  1284. 
Insane  person,  commitment  of,  exonerates  bail,  §  1371. 
Judgment,  bail  to  appear  for,  on  postponement  of,  §  1449. 
Justice's   court,    provisions    of   code    relative    to   bail,    prevail    in, 

§  1458. 
Justification  of,  examination  of  by  magistrate,  §§  1280,  1288. 
Justify,  bail  must  by  affidavit,  §  1280. 

Justifying  in  several  amounts  less  than  that  expressed  in  under- 
taking, §§  1279,  1288. 
Magistrate,  duty  to  take  defendant  before  to  give  bail,  §  1284. 
Magistrate  who   may   admit   to,  §§  1277,   1291. 
May   be   given    for  what,  §  1273. 


INDEX.  879 

BAIL.      (Coutinued.) 

Misdemeanor,  defendant  to  be  taken  before  magistrate  issuing 
warrant  for,  §  829. 

Notice  of  application  for,  to  be  gix^en  district  attorney  when  it 
is  discretionary,  §  1274. 

Ofifenses  bailable  after  conviction  and  upon  appeal,  §  1272. 

Offenses  bailable  before  conviction  as  matter  of  right,  §  1271. 

Offenses  punishable   with   death,  when   only   bailable,  §  1270. 

Order  for,  on  commitment,  §  875. 

Out  of  county,  of  defendant  arrested  for  misdemeanor,  §§  822,  823. 

Out  of  count}-,  of  defendant  triable,  §  829. 

Out  of  county  proceedings  on  giving  bail,  §§  823,  984. 

Police  court,  proceedings  of  code  relative  to  bail  prevail  in,  §  1458. 

Postponement,  admission  to  bail  in  case  of.  §  862. 

Preliminary  examination,  at,  order  for,  §  S75. 

Preliminary  examination,  for  appearance  at,  §  1273. 

Preliminary  examination,   on   postponement   of,  §  862. 

Proceedings  on  taking  from  defendant  arrested  in  another  countv, 
§§823,984. 

Put  in  how,  §  1278. 

Qualifications,  justification   by   affidavit,  §§  1280,  1287. 

Qualifications  of,  §§  1279,  1287. 

Qualifications  of,  examination  as  to,  §§  1280, 1287. 

Qualifying  in  several  amounts  less  than  that  expressed  in  under- 
taking, §§  1279, 128S. 

Eecommitment  after,  admitting  to   bail,  §§  1313-1317. 

Eecommitment  after,  arrest  in   any  county,  §  1312. 

Eecommitment  after,  bail  by   whom   may   be   taken,  §1315. 

Eecommitment  after,  bail  given    on,   qualifications   of,  §  1317. 

Eecommitment  after,   contents   of  order  for,  §  1311. 

Eecommitment  after,  form  of  undertaking  upon,  §  1316. 

Eecommitment  after,  if  for  failure  to  appear,  defendant  to  be 
committed,  §  1313. 

Eecommitment  after,  in  what  cases  ordered,  §  1310. 

Eecommitment  after,  proceedings    on   taking,  §  1317. 

Eecommitment  after,  when  admitted  and  when  not  admitted  to 
bail,  after,  §§  1313,   1314. 

Eecommitment,  arrest  after,  how  made,  §  1312. 

Eecommitment,  bail  after,  how  put  in,  §  1317. 

Eeduction,  notice  of  application  to  be  served  on  district  attor- 
ney, §  1289. 

Eeduction   of,  §  1289. 

Eesubmission  of  case  to  grand  jury,  bail  in  case  of,  §  998. 

Eeturn   of  undertaking   after  preliminary   examination,  §  883. 

Eight,  bail  after  conviction  is  a  matter  of  in  what  cases,  §  1272. 

Eight,  is   a   matter   of  before   conviction   in   what   cases,  §  1271. 

Sureties,  two,  required,  §  1278. 

Surrender  of  defendant,  refunding  deposit  on,  §  1302. 

Surrender  of  defendant,  when,  how,  and  by  whom  made,  §§  1300, 
1301. 

Taking  of,  defined.  §  1269. 

Undertaking  on,  form  of,  §§  1278,  1287. 

What  purposes  may  be  given  for,  §  1273. 

Where  defense  triable  out  of  county,  §  829. 

BAILEE. 

Embezzlement,  when  guilty  of,  §  507. 
BALLAST. 

Obstructing  navigation  by  throwing  overboard,  §  613. 


880  INDEX. 

BALLOT.     Sec   Kloctioiis. 

BANK. 

Credit  with  bank,  iiioaiiii)g  of,  §  ITlia. 

Drawing  chcclc  or  drai't   witli   knowledge  one   lias   not   snfTlf'ient 
funds  or  credit,  punishment  of,  §  47Ga. 

Forgery  of  bank  bills.     See  Forgery. 

Insolvent,  receiving  deposits,   a   misdemeanor,  §  50-. 

Savings  bank,  oflieer  or  cmi>loyee  overdrawing  account,  a  misde- 
meanor, §  561. 

BANKER. 

Wiieii  guilty  of  embezzlement,  §  500. 

BANKRUPTCY.     See  Insolvency. 

BAR.     See  Former  Jeopardy. 
Compromise   is,  §  1378. 

Demurrer,  allowance  of  as  a  bar,  §  §  1008. 

Discharge  of  defendant  that  he   may  be  witness  is  a  bar,  §1101. 
Dismissal  is  in  misdemeanor  but  not  in  felony,  §  1387. 
Indictment  or  information,  orJer  setting  aside  is  not,  §  999. 
Indictment  or  information,  dismissal  of,  as,  §  1008. 

BARBER. 

Keeping   open   on    Sunday    or    holiday    after    12,    a    misdemeanor, 

§3101/0. 
"Working    as,    on    Sunday    or    holiday    after    12,    a    misdemeanor, 

§  3101/0. 

BARRACUDA,     See  Game  Laws. 

BARRATRY. 

Common,  defined,  §  158. 
Common,  how   punished,  §  158. 
Common,  proof  of,  §  159. 

BASS.     See  Game  Laws. 

BASTARDS.     See  Legitimacy. 

BATH-HOUSE. 

Keeping  open  on  Sunday  a  misdemeanor,  §  310i/^. 

BATTERY. 

Defined,  §  242. 

Jurisdiction  of  justice's  court  over,  §  1425. 

Punishment   of,  §  243. 

BAWDY-HOUSE.     See  Prostitution. 

BAY. 

Obstructing,  a  nuisance,  §  370. 

BEACON. 

Removal  of  or  injury  to,  1  misdemeanor,  §  609. 
Mooring  vessel  to,  a  misdemeanor,  §  614. 

Protection   of  buoys  and  beacons,  §  609.     Appendix,   tit.     "Buoys 
and  Beacons." 

BEAVER.     See  Game  Laws. 


INDEX.  881 

BEGGAR. 

Children,  begging  by,  pieveution  iunl  puuishiiieiit  of,  §  27;'>cl. 
Children,  using  as,  §  272. 
Is  vagrant,  §  647. 

BELL. 

Engineer  crossing  higliway  without  ringing,  §  390. 

BENCH-WARRANT. 

After  conviction,  form  of,  §  1197. 

Appear  for  judgment,  failure  to,  may  issue,  §  1195. 

Appear,  may  issue  if  defendant  does  not,  §  979. 

Arrest  under  and  duty  on,  §  1199. 

Bail.     See  Bail. 

By  whom,  when,  and  how  issued,  §§  980, 1196. 

Defendant  to  be  arrested  and  brought  before  court,  or  committed, 

§  1199. 
Directions  in,  as  to  amount  of  bail,  §  982. 
Directions  in,  where  offense  bailable,  §  982. 
Duty  of  sheriff  where  offense  not  bailable,  §  982. 
Form  of,  §§981,982,1197. 
How  served,  generally,  §§  936,  983, 1198. 
How  served  in  another  county,  §§  983,  1198. 
How  served  out  of  county,  §§  983,  1198. 
indorsement  by  magistrate  not  necessarj^  where  served  in  another 

county,  §§  983,  1198. 
Indorsement  on    where    defendant    not    admitted    to    bail,  §  982. 
Issuance  on  failure  to  appear  at    arraignment,  §  979. 
Issuance  on  failure  to  appear  at  judgment,  §§  1196,  1197. 
Issuance  where  defendant  not  present  on  increase   of  bail.  §  986. 
Issuance  where   defendant   on   arraignment   ordered  into   custody, 

§  986. 
Issued,  may  be,  to  one  or  more  counties,  §§  980,  1196. 
Judgment,  bench-w^arrant  to   defendant  out  on  bail,  §§  1195-1198. 
Officer  serving,  to  take  defendant  before  magistrate  to  give  bail, 

if  required,  §  1284. 
To   whom   issued,  §  1197. 
Under  indictment  or  information,  form  of,  §§981,982. 

BENEFIT  SOCIETIES. 

Members  of  may  wear  swords,  §  734. 
"Wearing  badge  of,  a  misdemeanor,  §  543 1^. 

BETTING.     See  Gambling. 

Elections,   on,  a   misdemeanor,  §  60. 

BIAS. 

Challenge  for,  §§  1073-1076. 

Of  officer  summoning  jury,  challenge  to  jury,  §  1064. 

BICYCLE. 

Temporarily  taking  without  consent,  a  misdemeanor,  §  499b. 
Temporarily  taking  without  consent,   punishment  §  499b. 

BIGAMY. 

Defined,  §  281. 

Evidence  of  marriage,  what  sufficient,  §  1106. 
Evidence  when  second  marriage  took  place  out  of  state,  §  1106. 
Husband  and  wafe.  competency  of  as  witnesses.  §  1322. 
.Jurisdiction  of,  §  785. 
Pen.  Code — 56 


882  INDEX. 

BIGAMY.      (Contiiineil.) 

.M;irri;iiio  of  ppvsoii  wlioso  s|ioiisc  absent,  when  is  not.  §  L'S2. 
•MjirriaHc    wlieic    furnu'i-    iii!trjiaj;c    dissolved    vr   annulled,    is    not. 

§  L'Sl!. 
Marrying  spouse  of  another,  imnishnuMit  of,  §  2.S4. 
Punishment,  §  283. 
Who  not  Kiiilty,  §  2S2. 

BIG  TREE  GROVE. 

Act  for  protectiou  of.     Anpeiulix,  tit.  "Growing  Trees." 

BILL.     Sec  Legislature. 

Altering  draft  of,  in  legislature,  a  felony,  §  83. 
Altering  enrolled  copy  of,  a  felony,  §  84. 
Making  or  uttering  fictitious,  punishment  of,  §  470. 
Making  to  circulate  as  money,  what  offense,  §  64S. 
Presenting  fraudulent  to  public  officer,  a  felony,  §  72. 

BILLS  OF  LADING. 

Destro^'iug,  a.  misdemeanor,  §  355. 

Duplicate,  failure  to  mark  duplicate,  punishment  of,  §  580. 

Erroneous,  issued  in  good  faith,  §  579. 

False,  punishment  for  making,  §  541. 

Fictitious,  issuing,  punishment  of,  §§  577,  578. 

Fraudulent  issue,  §§  577-580. 

BILL-POSTING. 

On   property   of   another,   or   on   public   property,   a   misdemeanor, 
§  602. 

BIRDS.     See  Animals;  Game  Law. 

Complaint  that  law  as  to  is  being  violated,  warrant  to  issue  on, 

§  599a. 
Cranes.     See  Cranes. 
Homing  pigeons.     See  Homing  Pigeons. 
Injuring  or  destroying  nest  or  eggs  in  cemetery,  a  misdemeanor, 

§  598. 
Killing  or  injuring  in  cemetery,  a  misdemeanor,  §  598. 
Particular  bird.     See  particular  subject. 

BIRTH. 

Fraudulent   pretenses   as   to,   to   secure    property,    punishment   of, 
§  156. 

BLACK  BASS.     See  Game  Laws. 

BLACKLISTING.     See  Employer;  Master  and  Servant. 

BLACKMAILING. 

A  misdemeanor,  §  257. 

BLACK  SEA-BRANT.     See  Game  Laws. 

BLASTING. 

Loggers,  right  to  use  explosives  or  fires,  §  384. 

Permit  to  blast  wood  a  defense  when,  §  384. 

Permit  to  blast  wood,  rules  and  regulations  in,  §  384. 

Permit  to  blast  wood,  state  or  district  warden  may  issue,  §  384. 

Wood,  blasting  in  dry  season,  a  misdemeanor,  §  384. 

BLINDS.     See  Game  Laws. 


INDEX.  SS3 

BLUE  CRANES. 

Capture    aud    destiiii-t ion    of    in-cNonLcd,  §  .jIMI.     See    Game    Laws; 
Cranes. 

BliUE-JAYS. 

.\re  predatory  birds,  §  637^/;. 

BOARDING-HOUSE.     See  Innkeeper. 
Defrauding,  a  misdemeanor,  §  537. 

BOARD  OF  DIRECTORS. 

Of  state  prison,  §§  1.573-1576. 

BOARD  OF  EXAMINERS. 

Expense  of  extradition  of  fugitive,  §  1557. 
Members  violating  laws,  guilty  of  felony,  §  441. 

BOARD  OF  HEALTH.     See  Public  Health. 

BOARD  OF  SUPERVISORS.     See  Supervisors. 
Bribing,  punishment  of,  §  165. 
Eeceiving  bribe,  punishment  of,  §  165. 

BOARDS,  PUBLIC. 

Bribing,  punishment  of,  §  165. 

BOAT. 

Word  "vessel"  includes,  §  7. 

BODY,  DEAD.     See  Cemetery. 

BOILER,  STEAM. 

Mismanagement  of,  punishment  of,  §§  348,  349,  368. 

BOLINAS  BAY. 

Act  to  prevent  destruction  of  fish  in,  continued  in  force,  §  23. 

BOND.     See  Bail;  Undertaking. 

Clerk  of  state  prison,  of,  §  1580. 

De  facto  officer  not  giving,  effect  of,  §  65. 

Employees  and  officers  of  prison,  of,  deposited  with  secretarv  of 

state,  §  1594. 
For  support  of  wife  or  child,  §  270b. 

Officer  acting  without  having  given,  a  misdemeanor,  §  65. 
State  bonds  acts  for  issuing  of,  continued  in   force,  §  23. 
Warden  of  state  prison,  of,  §  1577. 

BOOKMAKING. 

Engaging  in  prohibited,  §  337a. 

Violation  of  law  against  a  misdemeanor,  §  337a. 

What  acts  constitute  within  prohibition  of  statute,  §  337a. 

BOOKS. 

Attorney-general   or   controller,   officer  refusing  inspection   by   of 

books,  papers,  etc.,  a  misdemeanor,  §  44U. 
Fraud  in  keeping  accounts  of  corporation  or  joint-stock  company, 

punishment  of,  §  563. 
Inspection  of  corporation's,  refusal,  of,  a  misdemeanor,  §  565. 
Mutilation  of,  by  public  officer,  punishment  of,  §  76. 
Obscene,  §§  311-314. 
Of   record,   making  false   entries   in   or   alteration   of,   is   forgerv, 

§471. 
Refusal  to  deliver  to  successor  in  office,  punishment  of,  §  76. 


884  INDEX. 

BOOKS.      (Cuiitimicd.) 

ytoaliiiy,  luutiliit iiij;,  ilc^t  mviiij;  ov  lalsityiiiy  li\'  olliccr,  jiiniisli- 
nient  of,  §  1  \'.'>. 

Stealing,  imit  ilatiii<f,  destroying;  or  l'iilsit\  in;,;,  hy  one  not  an  olli- 
ccr, punisliineut,  §  114. 

W'itliliolding  from  sucfossor  hy  ollicer,  ininisliinent  of,  §  7i>. 

BOUNDARY. 

Uf  counties,  jiuisdietiun  of  erinie  on,  §  782. 

Jurisdiction  of  oti'euse  coiuniitteil  witliiii  fi\e  liundred  yards  of 
boundary  of  county,  §  782. 

BRAKEMAN. 

Violation  of  duty,  a  misdemeanor,  §  393. 

BRAKES. 

(Jompliance  with  orders  of  supervisors  sufficient,  §  3Gi)a. 
Duty  of  railroad  companies  to  use,  §  3(j9a. 

BRAND.     See  Mark. 

Altering  or  defacing,  punishment  of,  §§  357,  357^^. 
Punishment  for  putting  on  animals^  §  357. 
Statute  respecting,  not  affected  by  code,  §  23. 

BRANT.     See  Game  Laws. 

BREACH  OF  PEACE.     See  Peace. 

Contempt  by,  §  166. 

Evidence  of,  §  713. 

Jurisdiction  of  justice's  court,  §  1425. 

Kefusing  to  aid  in  preventing,  punishment  of,  §  150. 

Security  to  Iveep  peace,  §§  701-714.     See  Peace. 

BRIBERY. 

Arbitrator  asking,  receiving  or  agreeiiig  to  receive  bribe,  punish- 
ment of,  §  93. 

Arbitrator,  of,  §  92. 

Boards,  public,  punishment  of,  §  165. 

Candidate  for  United  States  senatorship  advancing  money  for 
election,  a  felony,  §  63. 

Candidate  for  United  States  senatorsliip,  receiving  mone}-  from,  a 
felony,  §  63^/^. 

Common  council,  of,  punishment  of,  §  165. 

Convention,  members  of,  punishment  for,  §  57. 

Corporation,  trustees  of,  bribery  of,  punishment  of,  §  165. 

Defined,  §  7. 

Elections,  at,  punishment  of,  §§  54,  54a,  54b. 

Elections,  bribery  at,  what  acts  constitute,  §§  54,  54a,  54b. 

Elections,  bribery  at.     Sea  Elections. 

Executive  officer  asking  or  receiving,  punishment  of,  §  68. 

Executive  officers,  of,  punishment  of,  §  67. 

Judges,  punishment  of,  §  92. 

Judicial  officer  asking,  receiving  or  agreeing  to  receive  bribe, 
punishment  of,  §  93. 

Judicial  officers,  of,  §  92. 

Juror  asking,  receiving  or  agreeing  to  receive  bribe,  punish- 
ment of,  §  93. 

Jurors,  of,  punishment  of,  §  92. 

Legislator,  asking  for  or  agreeing  to  receive  bribe,  punishment  of, 
§86. 

Legislator,  obtaining  money  to  influence  vote  of,  a  felony,  §  89. 


INDEX.  885 

BRIBERY,      (Cojitinued.) 

Legislator,  receiving  bribe  by,  punishment  of,  §  86. 

Legislature,   candidate   for,   receiving   money   from   candidate   for 

United  States  senatorship,  a  felony,  §§  (53,  6'3M>. 
Legislature,  giving  or  offering  bribe  to  members  of,  punishment 

of,  §  85. 
Meaning  of  "bribe,"  §  7. 

Members  of  nominating  body,  bribery  of,  §  o7. 
Nominating   convention,  receiving  bribe  by  member,   punishment 

of,  §  57. 
Office,  for  appointment  to,  a  misdemeanor,  §  73. 
Punishment  of,  §  92. 
Referee  asking,  receiving  or  agreeing  to  receive  bribe,  jiuaishment 

of.  §  93. 
Referees,  of,  punishment  of,  §  92. 
Supervisors,  punishment  of,  §  165. 
Telegraph  agent,  punishment  of,  §  641. 
Telephone  agent,  punishment  of,  §  641. 
Trustees,  punishment   of,  §  165. 
Umpire  asking,  receiving  or  agreeing  to  receive  bribe,  punishment 

of,  §  93. 
Umpire,  of,  punishment  of,  §  92. 
Witness,  of,  a  felony,  §  137. 
Witness  receiving  bribe   for  al^sentiug  himself,  guilty   of  felony, 

§138. 
Witness  receiving  or  offering  to  receive,  guilty  of  felony,  §  138. 

BRIDGE. 

Burning  bridge  over  fifty  dollars  in  value,  punishment,  §  600. 

Driving  or  riding  over  faster  than  a  walk  a  misdeameanor,  §  59Gb. 

Injury   to,   malicious,   punishment   of,  §§  588,   607. 

Maintaining   without   authority,   a   misdemeanor,  §  386. 

Railroad,  injury  to,  punishment  of,  §  587. 

Toll,  crossing  without  paying,   punishment    of,  §  389. 

Toll,  fast  riding  or  driving  on,  a  misdemeanor,  §  388. 

BROKER. 

False  statement  to  principal,  punishment  of,  §  536. 
Embezzlement,  when  guilty  of,  §  506, 
Statement  of  sales,  duty   to   make   on   demand,  §  536a. 
Statement  of  sales,  punishment  for  failure  to  make,  §  536a, 
Statement  of  sales,  what    sufficient,  §  536a. 

BUILDING. 

Burning,  punishment  for,  §  600. 

Defined,  §  448. 

Inhabited,  defined,  §  449. 

Letting  for  lottery  purposes,  a  misdemeanor,  §  326. 

Maliciously  destroying  or  injuring  by  gunpowder,  punishment  of, 

§601. 
Ownership  of,  in  case  of  arson,  §  452. 
Permitting  gambling  in,   punishment  of,  §  331. 
Scaffolding,  destroying   or   removing   notice    of    unsafety,    a    mis- 
demeanor, §  402c. 
Scaffolding,  obstruction  of  officer  in  inspection  of,  a  misdemeanor, 
.      §402c. 
Scaffolding,  unsafe,  erection    of  n   misdemeanor,  §  402c. 
What  deemed  to  be,  §  466. 


88G  JNDEX. 

BULLS.     !Soe   Aiiinials. 

BUOY. 

Mooring  vessel  to,  :i  misdemeanor,  §  014. 

I'roteetion  of  buoys  and  beacons,  §  GU9n.     Appendix,  tit.     "Buoys 

and  Beacons." 
Kcrnoval  of,  or  injury  to,  a  misdemeanor,  §  61)9. 

BURDEN  OF  PROOF. 

Shifting,  in  homicide,  §  UO.j. 

BURGLARIOUS  INSTRUMENT. 

(luilt y  possi'ssion  of,  a  misdemeanor,  §  4(56. 

BURGLARY. 

Burglar  as  vagrant,  §  647. 

Burglarious   tools,   guilty   possession   of,   a   misdemeanor,  §  466. 

Building,  what  deemed  to  be,  §§  459,  466. 

Conspiracy  to  commit,  overt  act  necessary,  §  184. 

Defined,  §  459. 

Degrees  of,  §  460. 

First  degree  what  constitutes,  §  460. 

Judisdiction  where  property  taken  in  one  county  and  brought  in- 
to  another,  §  786. 

Keys  or  instruments  for  opening  building,  making  or  altering,  a 
misdemeanor,  §  466. 

Murder  in  committing,  degree  of,  §  189. 

iS'ight-time,  meaning  of,  §  46^. 

Punishment  of  §  461. 

Second  degree  what  constitutes,  §  460. 

Wliat  acts  constitute,  §  459. 

BURIAL.     See  Cemetery. 

BURNING.     See  Arson;  Fire. 
Defined,  §451. 

BUTTER. 

Dairv   products,   using  inaccurate   or   false   tests   a   misdemeanor, 

§  381a. 
Fraud   in   sale   of,   a   misdemeanor   when,  §§  3Sla,   383. 
Oleomargarine.     See  Oleomargarine. 

Process  butter,  sale  of  without  label,  a  misdemeanor,  §  383a. 
Eenovated  butter,  sale  of  without  label,  a  misdemeanor,  §  383a. 
Short-weight  rolls  of  butter,  act  to  prevent  sale  of.     Appendix,  tit. 

"Butter." 


CALENDAR. 

Clerk   to   prepare,  §  1047. 

Form   of,  §  1047. 

Order  of  cases  on, §  1047. 

Order  of  disposing  of  issues  on,  §  1048. 

CALIFORNIA  STATE  BOARD  OF  PHARMACY. 

Inspectors  of  as  ))eace  officers,  §  817. 

CALIFORNIA  WHITING.     See- Game  Laws. 


INDEX.  SS7 

CAMPERS. 

Leaving  fire  bnrniug,  ;i  misdemeanor,  §  384. 

CAMP-FIRES. 

Notice  not  to  build,  384. 

Eight  to  build  on  uuinclosed  laud,  §  384. 

When  may  be  built,  §  384. 

CAMP-MEETING. 

Sale  of  articles  at  or  within  one   mile  of,  punishment  of,  §§  304, 

305. 
Sale  of  liquor  at,  or  within  one  mile  of,  punishment  of,  §§  304,  305. 

CANALS. 

Malicious  injury  to,  punishment  of,  §§  592,  607. 
Screen  before  inlets  of,  provision  relating  to,  §  629. 
Taking  water  from,  or  obstructing,  a  misdemeanor,  §  592. 

CANDIDATE.     See  Elections.  .     ' 

Bribery  by,  punishment   of,  §  55. 

Bribery  by,  what  acts  constitute,  §  54b. 

Bribery  of  members  of  nominating  convention,  punishment  of, 
§  57. 

Circulating  or  printing  circulars  injurious  to,  punishment  of, 
§§  62a,   62b. 

Communicating  unlawful  offer  in  behalf  of  to  voter,  a  misde- 
meanor, §  56. 

For  legislature  receiving  money  from  candidate  for  United  States 
senator,  guilty  of  felony,  §  63 Vi;. 

For  United  States  senate  advancing  money  for  election  of  legisla- 
tors, guilty  of  felony,  §  63. 

Furnishing  money  or  entertainment  for  election  purposes,  a  mis- 
demeanor, §  54. 

Offering  to  procure  office  for  elector,  a  misdemeanor,  §  55. 

Pledge  by,  punishment  of,  §§  5.ja,  56. 

CANDY. 

Adulterated,  keeping  or  selling  of,  a  misdemeanor,  §  402a. 
Adulterating,  a  misdemeanor,  ^  402a. 

CAPITOL, 

Intoxicating  liquors,  selling  or  giving  away  of  within  or  on 
grounds   of,   punishment   of,  §  172. 

CAPPER. 

For  attorney  is  a  vagrant,  §  647. 

CAPTAIN. 

Mismanaging  steamboat,  punishment  of,  §§    348,  368. 

Of  vessel  importing  convict,  guiltj^  of  misdemeanor,  §  173. 

Willfully  destroying  vessel,  punishment  of,  §  539. 

CARCASS. 

Putting  in   streams,   highways,   etc.,  punishment   of,  §  374. 

CARGO. 

Destruction  of,  by  officer,   punishment  of.  §  539. 

CARICATURE. 

Offense  of  j'ublishing,  where  tried,  provision  repealed,  §  25S. 
Publishing  foibiddeii,  provisio))  repealed.  §  25S. 


888  INDEX. 

CARICATURE.      (Contimiod.) 

I'liblisliinj^  of,  j)iinisluiient  of,  [irovision  repealed,  §  2.j!S. 
Who  liable  for  publication,  provision  repealed,  §  2.18. 

CARRIER  OF  GOODS.     See  Kaiiroad. 

Animals,  transportation  of,  duty  to  unload,  feed  and  water,  §  369b. 

Bill  of  lading,  destro3'ing,  a  misdemeanor,  §  S");!. 

Bill  of  lading,  etc.,   fraudulent   issue,   punishment   of,  §§  577,  578. 

Bill  of  lading,  false,  punisiiment  of,  §041. 

Bill  of  lading  or  receipt,  duplicate,  punishment   for  not  marking 

duplicate,  §  oSO. 
Bill  of  lading  or  receipt,  erroneous,  issued  in  good  faith,  §  579. 
Bill  of  lading  or  receipt,  fictitious,  punishment  for  issuing,  §§  577, 

578. 
Bill  of  lading.     See  Bill  of  lading. 

Defacing  marks  on  wrecked  property-,  a  misdemeanor,  §  355. 
Embezzlement,  when  guilty  of,  §  5(!5. 
False  manifest,  invoice,  ship's  register,  or  protest,  punishment  for 

making,  §  541. 
Fish,    regulations    governing    trans]K)rtati()n    and    punishment    for 

violation,  §  632a. 
Game,  shipment  of,  to  be  labeled,  when,  §  627b. 
Game,  transportation    of,    regulations    governing   and    punishment 

for  violating,  §  ()27b. 
Game,  transporting  out   of   state  without    permit   a   misdemeanor, 

§  627a. 
Hvpothecating  property  received   for   transportation,   punishment 

of,  §581. 
Pled'ge    of    property    received     for     transportation,     punishment, 

§§  581-583. 
Police,  appointment  of,  to  serve  on  railroads,  steamships,  etc.     Ap- 

pendix,tit.   "Police." 
Selling  property  received  for  transportation,  punishment  of,  §§  581, 

583. 

CARRIERS  OF  PASSENGERS. 

Brakes  and  fenders,  failure  to  use  a  misdemeanor  when,  §  369a. 

Brakes  or  fenders,  compliance  with  orders  of  supervisors  sufficient, 
§369a. 

Larceny  of  tickets,  §§  493,  494. 

Passenger,   refusing  to   receive,   a   misdemeanor,  §  365. 

Police,  appointment  to  serve  on  railroads,  steamships,  etc.  Ap- 
pendix, tit.  "Police." 

Refusal  to  sell  passage  tickets  for  foreign  country,  punishment  of. 
Appendix,  tit.  "Emigration." 

Ticket,  pass,  etc.,  for  fare,  forging,  altering,  etc.,  punishment, 
§481. 

Tickets,  larceny   of,  §§  493,   494. 

Tickets,  pass,  etc.,  restoring  with  intent  to  defraud,  punishment, 
§482. 

Tickets,  value  of,  §§  493,  494. 

CARTOON. 

Publishing  libelous,  punishment  of,  provision  repealed,  §  258. 

CASK. 

Refilling,   bearing  trade-marks,   a   misdemeanor,  §  354. 
Stamping  weight  falsely,  a  misdemeanor,  §  554. 

CATALINA  ISLAND.     See  Santa  Catalina  Island. 


INDEX.  SS9 

CATFISH.     See   Game   Laws. 

CATS. 

Riugtai],  arc  predatory  animals.  §  637  V-j. 
Wild,  are  predatory  animals,  §  (i37VL'- 

CATTLE.     See  Animals. 

Branding  or  altering  brands  of,  punishment  of,  §§  357,  3.57^^. 
Transportation  of,  carrier  paying  expenses  of  care  and  feed  has 

a  lien,  §  369b. 
Transportation  of,  duty  to  unload,  feed  and  water,  §  369b. 

CAUCUS.     See  Bribery;   Elections. 

CAUSTIC  CHEMICALS. 

Assault   with,  punishment   of,  §  2-14. 

CEMETERY. 

x\rresting  dead  body,  a  misdemeanor,  §  295. 

Attaching  dead  body,  a  misdemeanor,  §  295. 

Bird's  nest,  or  eggs,  injuring  in,  is  misdemeanor,  §  598. 

Bodies,  disinterment  of,  a  felony,  §  290. 

Bodies,  exhumation  and  removal  of,  regulation  of.     Appendix   tit. 

"Public   Health." 
Bodies,  mutilation  or  removal  of,  a  felony,  §§  290,  291. 
Bodies,  removal  for  reinterment  not  a  felony,  §  290. 
Bodies,  removal  of  part  of  for  dissection  or  sale,  punishment  of, 

§291. 
Bodies,  removal  of  part  of  from  malice  or  wantonness,  punishment 

of,  §  291. 
Body,  who  entitled  to  custody  of,  §  294. 

Burial  or  cremation,  issuing  permit  illegally,  punishment  of,  §  377. 
Burial  or  cremation,  without  permit,  punishment  of,  §  376. 
Burial,   punishment   for   neglecting   duty   of,  §  293. 
Burial,  who  are  charged  with  duty  of,  §  292. 
Dissection,  removal  of  body  for,  punishment   of,  §  291. 
Injuring  shrubbery,  fences,  etc.,   a  misdemeanor,  §  296. 
Interments  must  be  in  organized  or  established  cemetery,  §  297. 
Interments,  unlawful,  a  misdemeanor,  §  297. 
Killing  or  injuring  birds  in,  a  misdemeanor,  §  598. 
Monument,  defacing,  a  misdemeanor,  §  296. 
San  Francisco,  interments  unlawful  in,  a  misdemeanor,  §  297. 
Tomb,  defacing,   a  misdemeanor,  §  296. 
Unlawful  interment,  a  misdemeanor,  §  297. 

CEMETERY  CORPORATIONS. 

Borrowing  funds  of  in   violation  of  statute,  punishment  of,  §  573. 
Corporation   of   which   director   or   officer  is   a  stockholder  not  to 

borrow  funds  of,  §  573. 
Officer   or   director   not   to   become   obligor   for   moneys   borrowed 

from,  §  573. 
Officer  or  director  not  to  borrow  funds  of,  §  573. 

CERTAINTY. 

Indictment  or  information,  §§  952,  959. 

CERTIFICATE. 

False,  by  public   officer,   a  misdemeanor,  §  167. 

Fire  department,  officers  of  making  false,  guilty  of  misdemeanor, 

§  649. 
Making  of,  when  complete,  within  perjury  statute,  §  124. 


890  INDEX. 

CERTIFICATE.      (Coiitiiniod.) 

Of  oilicer,  to  l:il.so  Jury  list,  ;i  felony,  §  117. 

or  oxoinptiiin,  onit-cr  ol'  fire  department  issuing  false,  §  ()49. 

Oi'   ma irist rates  on  depositions,  §  1394. 

Of  prol)al)i(^  cause,  on  appeal,  §§  124.3-124.J. 

CHALLENGE.     Sec  ,luiy;  (iran.l  .lury. 

CHALLENGE  TO  FIGHT.     See   Duel;   Prize  fight. 
J)istiirbing  peace,  §  41.5. 

CHAMPERTY,  a  misdemeanor,  §  161, 

CHANGE  OF  VENUE.     See  Venue. 

CHARGE.     See  Instructions. 

CHARITABLE  CORPORATION. 

Committing,'   infant   delinquents  to,  §  1388. 

Custody  of  infant  may  be  committed  to,  when,  §  273d. 

CHATTEL. 

Personal  property  includes,  §  7. 

CHATTEL  MORTGAGE. 

Fraud  in  transferring  encumbered  personalty,  larceny,  §  538. 
Further  encumbrance  or  sale,  larceny  when,  §  538. 
Removal  of  property  without  consent,  larceny  of,  §  538. 
Removal,  sale  or  further  encumbrance,  punishment  of,  §  538. 
Transferring  or   disposing  of   property   without   consent,  larceny. 
§537. 

CHEAT.     See  False  Personation;  False  Pretense;   Fraud. 

Conspiracy  to,  punishment  of,  §  182. 

False  statement  by  broker,  agent,  factor,  etc.,  punishment  of, 
§  536. 

False  statements  in   advertisements.     See  Advertisements. 

False  weights  and  measures,  §§  552-555. 

Indictment  or  information,  for  conspiracy  to  cheat  or  defraud 
of  money,  bank  notes,   etc.,  §  967. 

Married  person  selling  or  mortgaging  land  under  false  representa- 
tions, guilty  of  felony,  §  534. 

Mock  auction,  punishment  for,  §  535. 

Selling  land  twice,  punishment  of,  §  533. 

CHECK. 

Drawing  with   knowledge   one  has  not  sufficient   funds   or  credit. 

punishment   of,  §  476a. 
Forgery  of,  §  470. 

Making  or  uttering  fictitious,  punishment  of,  §  476. 
Making,  to  circulate  as  money,  a  felony,  §  648. 

CHEESE. 

Fraud  in  sale  of,  punishment  of,  §  3Sla. 

CHEMICALS. 

Caustic,  assault  with,  punishmnt  of,  §  241. 
Caustic,  assault  with,  what  constitutes,  §  244 

CHIEF  JUSTICE. 

Liable  to  impeachment,  §  737. 


INDEX.  891 

CHILD.     See  Infants;   Parent   and    Child. 

Abandonment  of,  §  271. 

Abduction  of,  for  prostitution,  §  267. 

Apprenticing  or  selling  children  for  exhibitions,  as  mendicants  or 
for  immoral  purposes,  §  272  et  seq. 

Begging  by,  pre\'eution  and  punishment  of,  §  27.3d. 

False  pretenses  as  to  birth  of,  §  loH. 

Habitual  intoxication  in  presence  of,  a  misdemeanor,  §  273g. 

Hiring  of,  for  public  exhibitions,  a  misdemeanor,  §  272. 

Immoral  place,  not  to  be  sent  to,  §  273f. 

Immoral  practices  in  presence  of,  a  misdemeanor,  §  273g. 

Incapable  of  committing  crime,  when,  §  26. 

Intoxicating  liquors,  selling  or  giving  to,  §  397b. 

Juvenile  court.     See  Juvenile  Court. 

Lascivious  conduct  with,  punishment  of,  §  2SS. 

Maliciously,  forcibly  or  fraudulently  taking  or  enticing  away, 
punishment  of,  §  278. 

Necessaries,  omitting  to  provide  with,  a  misdemeanor,  §  270. 

Permitting  use  of,  lor  mendicancy,  a  misdemeanor,  §  272. 

Prostitution,  admitting  or  keejiing  in  house  of,  a  misdemeanor, 
§309. 

Prostitution,  parent  or  guardian  permitting  or  conniving  at  being 
in  house  of,  guilty  of  misdemeanor,  §  309. 

Saloon  or  place  where  liquor  sold,  not  to  be  sent  to,  §  273. 

Stealing  of,  jurisdiction  of,  §  7S4. 

Stealing  of,  punishment  of,  §  278. 

Substituting  one  for  another,  punishment  of,  §  157. 

Tobacco,  selling  or  furnishing  to  child  under  sixteen,  a  misde- 
meanor, §  307. 

CHILD-STEALING.     See  Child. 

CHIISTESE. 

Bringing  into  the'  state,  punishment  of,  §§  174,  175. 

Corporations  not  to  employ,  §§  178,  179. 

Employment  of,  a  misdemeanor,  §  179. 

Fishing,  prohibited  from.     Appendix,  tit.  "Fish." 

Houses  of  ill-fame  of,  acts  for  suppression  of,  continued  in  force, 

§  23. 
Importation  of  Chinese  women  for  immoral  purposes,  punishment 

of,  §  266c. 
Importing,  separate  penalty  for  each  person  imported,  §  175. 
Separate  offense  for  each  one  landed,  §  175. 

CHLOROFOEM.     See  Drugs. 

CHOSE  IN  ACTION.     See  Evidence  of  Debt. 

Undelivered  evidence  of  debt  is  subject  of  embezzlement,  §  510. 

CITIZENSHIP. 

Restoration  to,  when  prisoner  discharged,  §  1593. 

CITY.     See  Municipal  Corporations. 

Acts  consolidating  cities  and  counties,  continued  in  force,  §  23. 

Discharging  firearms  in  unincorporated  city  or  town,  a  misde- 
meanor, §  415. 

Racing  on  streets  or  highways  of  unincorporated  city,  a  misde- 
meanor, §  415. 

CITY  AND  COUNTY. 

Acts  consolidating  cities  and  counties  continued  in  force.   §  23. 
County  includes,  §  7. 


892  INDEX.    ' 

CIVIL  DEATH. 

Afknowldogmeiit,  convict    may  inako,  §  07o. 
(,;oiivc\yaiK'i's,  iirisoner  may  make,  §  61'). 
(/Ouvict,  of,  §§  G74,  G75. 

Life  impi'isonmont,  of  ouc  s<'nt<'ii{'C(l   to,  §()71. 
Witness,  prisoner  as,  §  ()75. 

CIVIL  REMEDIES. 

For  criniiual  acts,  preserved,  §  9. 

CIVIL  RIGHTS.     See  Liberty. 

Convicts,   civil   rights   of   are  suspended,  §  673.     See   Convicts. 

CLAIM. 

Presenting  fraudulent  to   public  oflicer,  a  felony,  §  72. 

CLAMS.     See  Game  Laws. 

CLERK. 

Appeal,  duties  on,  §1246. 

Calendar,  to  prepare,  §  1047. 

Disclosing  finding  of  indictment    or  information,   a   misdemeanor, 

§  168. 
Duty  in   regard  tO'  money,  etc.,  taken   from   prisoner,   §  14i;>. 
Duty  of,  on  appeal  taken,  §  1246. 
Embezzlement,  when  guilty  of,  §§  504,  508. 

Failure  to  pay  over  fines  and  forfeitures  a  misdemeanor,  §  427. 
Of  state  prison,  duty  of,  §  1578. 

Subpoenas,  authority  and  dutj'  as  to  issuing,   §  1.326. 
To  prepare  calendar,   §  1047. 
To  record  what,  with  judgment,   §  1207. 

COAL. 

False  weight,  giving,  a  misdemeanor,  §  555. 

Misrepresentation  in  sale  or  exchange  of  a  misdemeanor,  §  556. 

COAL-TAR. 

Discharging  into  waters,  a  misdemeanor,  §  ol^^jt- 

COAST  SURVEY.     See  United  States  Coast  Survey. 
COCAINE.     See  Drugs;   Narcotics. 
COCKLES.     See  Game  Laws. 

CODEFENDANTS. 

As  witnesses,   §  1099. 

Must  unite  in  challenges,  §  1056. 

CODES, 

Acts  punishable  by  different  provisions  of,  §  654. 

Authority  of  courts-martial  preserved,  §  11. 

Cited  hoW,  §  24. 

Civil  remedies  preserved,  §  9. 

Common-law   rule   that   penal   statutes   strictly    construed    has   no 

application,  §  4. 
Construction   of  particular  words,  §  7. 
Construed   liberally,  §  4. 

Contempt,  power  to  punish  for  not  affected  by  code,  §  11. 
Continuation  of  existing  law,  §  5. 
Designated  how,  §  24. 
Divisions  of  §  1. 


INDJi-A . 


S93 


CODES.      (Continued.) 

Dut}^  imposed  upon  courts  by,  §  12. 

Effect  of,  on  past  offenses,  §  6. 

Extraterritorial  force  of,  §  27. 

No  offense  punishable  except  as  prescribed  in,  §  6. 

Offense  committed  bofore  code,  how  prosecuted  and  punished,  §  6. 

Provisions   similar   to   existing   statutes,   how   construed,  §  5. 

Eemedy  of  forfeiture  of  office  or  impeachment  of  officer  preserved 

although    not    specified,  §  10. 
Retroactive,  not,  §  3. 
Section,  meaning  of,  §  7. 

Sections  declaring  crimes  punishable,   duty   of  court,  §  12. 
Statutes  continuing  in  force,  enumeration  of,  §  23. 
Takes  effect  when,  §  2. 
Title   of,  §  1. 
Words  in,   construction   of,  §  7.     See  Words  and   Phrases. 

CODICIL. 

Will  includes,  §  7. 

COHABITATION.     See  Adultery. 

COIN.     See  Counterfeiting. 

Counterfeiting,  §  477.     See  Counterfeiting. 

Gold,  coin,  value  to  be  estimated  in,  in  determining  offense,  §  67S. 

Possession  or  waiving  counterfeit,  punishment  of,  §  479. 

COLLECTORS. 

Embezzlement,  when  guilty  of,  §  -jOG. 

COLLISIONS.     See  Automobiles;   Motorcycles. 
Negligent  death  from,  punishment,  §  369. 

COLLUSION. 

Attorney,  by,  a  misdemeanor,  §  160. 

Supeiintendent   of   state   printing   by,   a   misdemeanor,  §  100. 

COMMANDER-IN-CHIEF. 

Calling   troops   into   service   to   suppress   riot,   dutj-   and   liaoi'itv, 
§  731. 

COMMISSION  FOR  EXAMINATION  OF  WITNESSES.     See  Deposi 
tion. 
Application,  affidavit  for,  what  to  state,  §  1352. 
Application,  notice  of,  §  1353. 
Application,  to  be  made  on  affidavit,  §  1352. 
Application,  to   whom   made,  §  1353. 
Commissioner,  duties  of  in  execution  of,  §  1357. 
Commissioner,  how   executes   commission,  §  1357. 
Commissioner,  proceedings  before  and  duties  of,  §  1357. 
Copies  to  be  furnished  on  payment  of  fees,  §  1361. 
Defendant  has  right  to  take  depositions  when,  §  1349. 
Defendant  mav  apply  for  order  to  examine,  when,  §  1350. 
Defined,  §  135L 

Deposition,  reading  in  evidence  and  objections  to,  §  1362. 
Directions  as  to  return  of,  §§  1356,  1357. 
Duties  of  commissioner,  §  1357. 
How  executed,  §  1357. 
How  returned,  §§  1358,  1359. 

How  returned  when  agent  to  whom  delivered  dead  or  ill,  §  1359. 
How  returned  when  delivered  to  agent,  §  1358. 


S'J4  INDEX. 

COMMISSION     FOR     EXAMINATION     OF     WITNESSES.        (Coii- 

tiilliod.) 

IFow,  vvlu'i!,  iuid  where  filed,  §1360. 

Iiispoctioii,  c'oimnission  and  return  are  open  to,  §  i;'.(Jl. 

Interrogatories  and  cross-interrogatories,  preparation  and  ser- 
viee,  §  1300. 

Interrogatories  and  cross-interrogatories,  presentment  and  allow- 
ance, §  135o. 

Order  for,  when  granted,  §  1354. 

Stay  O'f  proceedings  pending  return,  §  1304. 

Subscription  by  coniinissioner,  §  1357. 

To  be  open  for  inspection,  S  1361. 

Witness  out   of  state  may  be  examined  on,  when,  §  1340. 

COMMISSION  MERCHANT.     See  Factor. 

COMMITMENT. 

Defective,  habeas  corpus  proceedings  on.     See  Habeas  Corpus. 

Defendant  under  bail  appearing  at   trial,  commitment  of,  §  1129. 

Delivering  defendant  into  custody  on,  §  87(3. 

Form  of.  §§  863,  872,  877. 

Fugitives  from  justice,  of,  §§  1.550,  1551. 

How  made,  §§863,  872,  876. 

Information,  to  be  filed  within  what  time  after,  §  809. 

Insane  defendant,  of,  to  asylum,  §  1370. 

May  be  to  peace-officer  if  sheriff  not  present,  §  863. 

Order  for  bail  on,  §  875. 

Order  for  where  offense  bailable,  §  875. 

Order  for  where  offense  not  bailable',  form  of,  §  873. 

Postponement  of  preliminar}-  examination,  commitment  for  ex- 
amination on,  §  862. 

Preston  School  of  Industry.     Appendix,  tit.  "School  of  Industry." 

Preston  School  of  Industry,  commitment  to.  Appendix,  tit. 
"School  of  Industry." 

Eecommitmcnt.     See    Recommitment. 

Recommitment  after  arrest  of  judgment,  §  1 188. 

To  whom  delivered,  §  876. 

To  whom  made  in   absence   of   peace-officer,  §  863. 

To  whom  made  where  offense  r.ot  bailable,  §  873. 

Verdict  of  guilty,  commitment  of  defendant   on,  §  1166. 

When  defendant   on   bail   appears  for  trial,  §  1129. 

When  made,  §  872. 

Where  jury  discharged  for  want  of  jurisdiction  of  offense  com- 
mitted in  state,  §  1115. 

Whittier  State  School,  commitment  to.  Appendix,  tit.  "School 
of  Reform." 

Witness  refusing  to  give  security,  of,  §  881. 

COMMITTEE. 

Influencing  member  not.  to  attend  meeting,  punishment  of,  §  85. 

COMMON  BARRATRY. 

Defined,  §  158. 
Punishment  of,  §  158. 
What  proof  required,  §  159. 

COMMON  CARRIER.     See  Carrier  of  Goods;  Carrier  of  Passengers. 


INDEX.  5i)5 

COMMON  COUNCIL. 

Bribery  of,  punishment  of,  §  165. 

COMMON  LAW. 

Eule  of  strict  construction  not  applicable,  §  -I. 

COMMUNICATION. 

Unauthorized,  with  convict,  a  misdemeanor,  §  171. 

COMMUTATION. 

By  governor,  in  general,  §§  1417-1422. 

Governor  may  grant  in  what  cases,  §  1417. 

Governor  may  not  grant  in  what  cases,  §§  1417,  141S. 

Governor  to  communicate  facts  of  to  legislature,  §  1419. 

Impeachment,  cannot  be  granted,  §  1417. 

Pardon.     See  Pardon. 

Prisoner  may  earn,  §§  1590,  1591. 

Eeprieve.     See  Eeprieve. 

Treason,  power  of  governor  as  to,  §§  1417,  141S. 

Treason,  power  of  legislature  as  to,  §  1418. 

Where  prisoner  twice  convicted  of  felony,  §  1418. 

COMPLAINANT. 

Special  proceeding,  in,  who  is,  §  1562. 

COMPLAINT.     See  Information;  Accusation. 

Before  magistrate,  of  threatened  offense,  §  701. 

Crueltv  to  animals,  in  case  of,  issuance  of  warrant,  §  599a. 

Defined,  §  806. 

Deposition  of  prosecutor  and  witnesses  on,  §  Sll. 

Examination  of  prosecutor  and  his  witnesses  on,  §  811. 

Form  of  and  what  to  state,  §  1426. 

Justice's  or  police  court,  jiroceedings  in  commenced  by,  §  1426. 

Misdemeanor,  complaint  to  be  filed  within  a  year,  §  1426a. 

Oath  to,  §  1426. 

Proceedings  on  filing  of,  before  magistrate,  §  Sll. 

Violation  of  law  as  to  animals  or  birds,  warrant  to  issue  on,  §  59Ua. 

COMPOUNDING. 

Crime,  punishment  for,  §  153. 

COMPROMISE. 

Actions  that  may  be  compromised,  §  1377. 

Court,  by  permission  of,  §  1378. 

Court,  by  permission  of,  order  what  to  state,  §  137S. 

Court  may  permit  when,  §  1378. 

Felony  cannot  be  compromised,  §  1379. 

Order  thereon  bar  to  another  prosecution,  §  1378. 

Power  of  injured  person  to  make,  §§  1377,  1379. 

Proceedings  on  compromise  by  permission  of  court,  §  1378. 

Public  offense  how  only  can  be  compromised,  §  1379. 

CONCEALMENT. 

Of  crime,  liability  for,  §  32. 

Of  person  charged  with  crime,  liability  for,  §  32. 
Of  property  by  debtor,  punishment  of,  §  154. 
Of  property  by  defendant,  punishment  of,  §  155. 

CONCEPTION.     See  Abortion. 

CONCUBINAGE. 

Enticing  or  taking  away  woman  for,  jurisdiction,  §  784. 


Ua. 


CONDUCTOR. 

Of  liaiii,  iiituxicatioii  uf,  a  iiiisdiMiiOMiitjr,  §  iU' I 
Violation  of  duty,  a  niisdemeanor,  §  '.'>[)'.'>. 

CONFLICT  OF  LAWS. 

Oll'i'iise  (•(iiniiiittcil  out  of  state,  §§  27,  Goo,  778. 

CONSANGUINITY. 

.luror's,   (liscjualilios,  §  1U71. 

CONSENT. 

Age  of,  ill  case  of  rape,  §  'JGJ. 

CONSIGNEE. 

False  statement  by,  iiuiiisluiieut  of,  §  536. 

Statement  of  sales,  liuty  to  make,  §  o.'Uia. 

Statement  of  sales,  punishment  for  failure  to  make,  §  ooGi 

Statement  of  sales,  what  suflScient,  §  o36a. 

CONSOLIDATION. 

Indii'tnu'iits  or  informations,  court  may  consolidate  when,  §  9o-J. 

CONSPIRACY. 

Accomplice  defined,  §  1111. 

Arrest,  to,  punisiiment  of,  §  182. 

Cheat,  to,  punishment  of,  §  182. 

Defined,  §  182. 

Defraud,  to,  punishment  of,  §  182. 

Disguise,  wearing  of,  forbidden,  §  185. 

Enumeration  of  acts  constituting,  §§  182,  183. 

Evidence  to  prove,  §  1104. 

Felony,  to  commit,  overt  act,  when  necessary,  §  184. 

Indict,  to,  punishment  of,  §  182. 
'  Indictment  or  information,  allegations  in,  §  1104. 

Indictment,  or  information,  alleging  overt  act,  §  1104. 

Meaning  of,  limited  in  disputes  between  employer  and  employee. 
Appendix,  tit.  "Conspiracy." 

Overt  act,  allegation  of,  in  indictment  or  information,  §  1104. 

Overt  act,  evidence  of,  when  necessary,  §  1104. 

Overt  act,  not  alleged,  evidence  of  admissible,  §  1104. 

Overt  act,  when  necessary,  §  184. 

Punishment,  §  182. 

Telegraph  or  telephone  message,  respecting,  punishment  of,  §  474. 

To  cheat  or  defraud  of  money,  bank  notes,  etc.,  indictment  or  in- 
formation for,  §  967. 

To  commit  act  injurious  to  public  health  or  morals,  punishment  of, 
§  182. 

To  commit  any  crime  against  president,  vice-president,  any  gov- 
ernor, federal  judges  or  executive  secretaries.  Appendix,  tit. 
"Conspiracy." 

What  not  punishable,  §§  183,  184. 

CONSTABLE. 

Gambling,  duty  and  liability  in  respect  to,  §  335. 
Failure  to  pay  over  fines  or  forfeitures,  a  niisdemeanor,  §  427. 
Peace-officer,  sheriff  is,  §  817. 
Purchasing  judgment,  when  a  misdemeanor,  §  97. 
Suffering  a  prisoner  to  escape,  §  108. 

Refusal  to  receive  or  arrest  person  charged  with  crime,  punish- 
ment of,  §  142. 
Warrant  of  arrest  may  be  directed  to,  §§  SIS,  819. 


INDEX.  897 

CONSTRUCTION. 

Code  coutiuuatiou  of  existing  law,  §  o. 

Code,  effect  of,  on  past  offenses,  §  (j. 

Code  liberally  construed,  §  i. 

Code  provisions  similar  to  existing  laws,  how  construed,  §  5. 

Common-law  rule  that  penal  statutes  strictly  construed  has  no  a[i- 

plication,  §  4. 
Definitions.     See  Definitions. 
Phrases,  in  general,  §  7. 
Technical  words,  §  7. 

Words  and  phrases.     See  Words  and  Phrases. 
Words,  in  general,  §  7. 
Words,  of  particular,  §  7. 
Words  used  in  indictment  or  information,  §  957. 

CONTAGIOUS  DISEASE.     See  Public  Health. 

Animal  with,  bringing  into  state,  a  misdemeanor,  §  402. 

Animal  with,   failiug  to  keep    from   other  animals  a    misdemeanor, 

§  402d. 
Exposiug    one's  self    or    another  with    contagious    or    infectious 

disease,  a  misdemeanor,  §  394. 
Exposiug,  selling  or  using  infected  animal,  a  misdemeanor,  §  402. 
Maintaining  hospital  for  persons  with,  a  misdemeanor,  §  373. 

CONTEMPT. 

Affidavit  as  to  punishment  to  be  imposed  on  prisoner,  §  Itili. 

Breach  of  peace, §  166. 

Code  preserves  power  to  punish,  §  11. 

Criminal,  enumeration  of  acts  constituting,  §  166. 

Grand  jury  acting  after  allowance  of  challenge,  §  900. 

Grand  juror  acting  after  challenge,  §  90O. 

Misdemeanor,  criminal  contempt  is,  §  166. 

Mitigafion    of    punishment,   where    one    has    been    punished    for    a 

contempt,  §  658. 
Not  less  punishable  as  a  crime  because  punishable  as  a  contempt, 

§  657. 
Process,  disobedience  to,  §  166. 

Publication  of  inaccurate  proceedings  of  court,  §  IW. 
Punishment  for  as  mitigation  on  sentence,  §  658. 
Punishment  of  where  act  a  crime,  §  657. 
Eeferee,  before,  §  166. 

Eefusal  of  witness  to  be  sworn  or  to  testify,  §  1331. 
Resisting  execution  of  process,  §  724. 
Subpoena,  disobeyng,  §  1331. 

Testimony  as  to  punishment  to  be  imposed  on  prisoner,  §  166. 
AVitness,  by,  §  166. 

CONTINUANCE.     See  Adjournment. 

Coroner's  inquest,  adjournment  of,  §  1511b. 

Discharge    from    custody,    on    defendant's    own    recognizance,    on, 
§  1383. 

In  justice's  or  police  court,  right  to,  §  1433. 

Judgment  in  police   or  justice's  court,   postponement    of,   bail   for 
appearance,  §  1449. 

Ordered,  when  and  how,  §  1052. 

Preliminary  examination,  length  of,  §  861. 

Preliminary  examination,  of,  commitment  for  examination  or  dis- 
charge on  bail  in  case  of,  §  862. 
Pen.  Code— 57 


898  INDEX. 

CONTRA  COSTA  COUNTY. 

Aft  to  prevent  destruction  of  ciocr  on  Mt.  Diablo.  ,\pponriix,  tit. 
"Game  Laws." 

CONTRACT. 

Ullirer  illc';;;iily  interested  in,  puniKlinient  of,  §  71. 

CONTROLLER. 

Inipeaelinient,  liable  to,  §  737. 

OlHcer    refusing    inspection    of    books,    pajjers,    etc.,    ])y,    a    mij-de- 

nieauor,  §  440. 
A'^iolating  laws  relating  to  l)oard  of  examiners,  a  felony,  §  441. 

CONVENTION.     See  Elections. 

CONVERSION. 

Keeeiving  property  under  false  character  for  purpose  of,  punish- 
ment  of,  §  530. 

CONVEYANCE. 

Convict  may  make,  §  675. 

Forgery   of,  §  470. 

Fraudulent,    punishment    of,  §§  154,    531. 

Married   person,   by,   under  false   representations,  punishment   of, 

§534. 
Twice  selling  land,  punishment  of,  §  533. 

CONVICT.     See   Prisoner. 

Acknowledgment,   may   make,  §  675. 

Assault   with   deadly   weapon   by,   punishment,  §  246. 

Civil  death  of  one  imprisoned  for  life,  §  674. 

Civil  rights  of,  suspended,  §  673.     See  Civil  Death. 

Commutation  of  sentence  may  be  earned,  §  1588. 

Conveying   property,  §  675. 

Costs  of  trial  of  escaped    convicts.     Appendix,    tit.    "Costs." 

Costs  of  trial  of,  for  crimes  committed  in  prison.  Appendix, 
tit.  "Costs." 

Credits  for  good  behavior,  §  1588. 

Employment  of,  §  1586. 

Enciente,  proceedings  where  prisoner  is,  §§  1225,  1226. 

Ex-conviet  coming  upon  or  near  grounds  of  prison  or  reforma- 
tory, a  felony,  §  171b. 

Fine  may  be  imposed  on  in  addition  to  imprisonment,  §  672. 

Foreign,  importing,  distinct  offense  for  each  individual  landed, 
§175. 

Forfeitures  by,  §  677. 

Importing,  punishment   of,  §§  173,   175. 

Importing,  separate  penalty  for  each  person  imported,  §  175. 

Imprisonment  for  life,  discretion  as  to  sentence,  §  671. 

Imprisonment,  terra  of,  when  commences,  §  670. 

Infant  not  to  be  confined  with  or  placed  in  custody  of  adult, 
§  273b. 

Insane,  compensation  of  sheriff  for  transporting  to  aslyum. 
§  1587. 

Insanity,  proceedings  in  case  of,  §§  1221,  1224,  1587. 

Letter,  writing  or  reading  matter,  taking  to  or  from,  a  misde- 
meanor, §  171. 

Person  of,  protected,  §  C?6. 

Person  of,  punishment   for   injury   to,  §  676. 

Sale  of  cgnvict-made  goods,  a  misdemeanor,  §  679a, 


INDEX.  899 

CONVICT.      (Continued.) 

Stone-cutting   by,   forbidden,  §  1588. 

Transportation   of,    to   state   prison,  §  158G. 

Unautliorized    communication    witli,    a    misdemeanor,  §  171. 

Witness,  as,  §  675. 

CONVICTION. 

Accomplice   conviction    on   testimony    of,  §  1111. 

Accomplice,  on  uncorroborated  testimony  of  accomplice,  §  1111. 

Appeal  lies  from  judgment  on,  §  1238. 

Attempt,   jury    may   find    defendant    guilty    of,  §  1159. 

Corporations,   of,  fine   liow   collected,  §  1397. 

Felony,    of,   ground   of    challenge   to   juror,  §  1072. 

Fine,   imposing   upon    conviction   where   no   fine    prescribed,  §  G72. 

Foreign,  effect   of,  §  656. 

Foreign,  for  former  offense,  effect  of,  §  668. 

Forfeiture  of  property  not  worlved'  by,  §  677. 

Former.     See   Former   Jeopardy. 

Higher    offense,    effect    of,  §  1023. 

How   only   obtained,  §  689. 

Impeachment,  two  thirds  necessary  to  conviction  on,  §  746. 

Judgment  of  cannot  be  entered  on  informal  verdict,  §  1162. 

Judgment  of  conviction,  when  only  can  be  entered  on,  §  1162. 

Judgment  on.     See  Judgments.  i 

Jury  to  find   on   charge   of  previous,  §  1158. 

Lesser   offense,  may  be  for,  §  1159. 

May  be  had  on  any  offense  charged  in  indictment,  §  954. 

No  one  to  be  convicted  except  after  what  proceedings,  §  689. 

No  person  to  be  punished  except  on  legal,  §  681. 

On    uncorroborated    testimony   of   accomplice,  §  1111. 

Prior,   how   charged   in   indictment   or  information,  §  969. 

Prior  not  more  than  two  to  be  charged,  §  969. 

Proceedings  on  general   verdict   of, §§  1166,   1445. 

Proceedings  on  special  verdict  of  guilty,  §  1166. 

Public   officers,    of,   proceedings   on.  §  769. 

Reasonable  doubt  as  to  degree  convicts  only  of  lowest,  §  1097. 

Reconsideration   of   verdict  in   case   of.  §  1161. 

Second   offense,   how  punished,  §§  654,   666,   667,   668,   669. 

Second   offense,   second   term   of   imprisonment   when    commences. 

§  668. 
Second,   punishment   in   case   of   former   foreign   conviction,  §  668. 
Two    or    more    crimes,    term    of    imprisonment    commences,    when, 

§  669. 
Verdict   on   plea   of  former,  §  1151. 
Verdict,  plea   of  guilty   or  judgment   necessary   before,  §  689. 

CONVICT-MADE  GOODS.     See  Prisoners. 
Sale   of,   a   misdemeanor,  §  679a. 
Stone-cutting,   etc.,   by   prisoners   prohibited,  §  1588. 

COONS. 

Are  predatory  animals,  §  637^/0. 

COPYRIGHT, 

Opera,  unpublished  or  uncopyrighted,  punishment  for  perform- 
ing without  consent,  §  367a. 

Opera,  unpublished  or  uncopyrighted,  punishment  for  sale  with- 
out consent,  §  367a. 

Unpublished  or  uncopyrighted  opera,  performance  without  con- 
sent a  misdemeanor,  §  367a. 


!)00  INUKX. 

COPYRIGHT.      (Coutinued.) 

L'lipublislicd  or  imcopyrightcd  opera,  sale  of  witlioiit  coiiseiit,  a 
niisdeineauor,  §  3(j7a. 

CORONER. 

Assistants  ill  cities  and  cities  and  counties  over  one  iiundred 
tliousand.     Ajjpendix,  tit.   "Coroners." 

Burial,  punishment  for  Jailure  to  perform  duty  of,  §  293. 

Burial,  when    charged    with    duty    of,  §  292. 

Chemical  and  post-mortem  examinations.  Appendix,  tit.  "Coro- 
ners." 

Chemist,   summoning   to   make   analysis,  §  1512. 

Custody  of  body,  when  entitled  to,  §  294. 

Dead  body,  entitled  to  custody  of,  for  inquest,  §  294. 

District   attorney   has   right   to   be   present   at   inquest,  §  lo20. 

Duty,   when   informed   of   death,  §  15  lU. 

Exhumed,  body  to  be  when,  §  1510. 

Expenses  of  inquests  iu  state's  prison,  payment  of.  Appendix, 
tit.  "Costs." 

Filing  of  inquisition,  testimony  and  recognizances,  §§  1515,    151G. 

Inquest,  adjournment  of,  §  1511b. 

Inquest,  but  one  to  be  held,  unless  set  aside,  §  1511a. 

Inquest,  but  one  to  be  held  where  several  killed  by  same  cause, 
§  1511a. 

Inquest,  district  attorney  has  right  to  be  present  at,  §  1520. 

Inquest,  entitled  to  custody  of  dead  body  for,  §  294. 

Inquest,  hearing   and   deliberation,  §  1511b. 

Inquest,  jury  to  view  body  before  proceeding  with,  §  1511b. 

Inquest,  second  inquest  where  mistake  in  identity  of  body, 
§  1511a. 

Inquisition,    filing    of,  §  1515. 

Jury,   challenge   to  jurors   not  allowed,  §  1510. 

Jury,  exemptions   from   duty,  §  1510. 

Jury,  number  of,  §  1510. 

Jury    qualifications    of    jurors,  §  1510. 

Jury,  when    to    be    summoned,  §  1510. 

Jury,  who  not  to  act  as  juror,  §  1510. 

Oath  of  jurors,  §  1511. 

Physician  or  surgeon  may  bo   summoned,  §  1512. 

Physicians  and  surgeons,  attendance  and  compensation.  Ap- 
pendix, tit.   "Coroners." 

Physicians  to  perform  autopsies  in  counties  of  first  class.  Ap- 
pendix, tit.  "Coroners." 

Post-mortem   examination,   may   hold,  §  1512. 

Eeeognizances   taken   by   to   be  filed,  §  1515. 

Refusing  to  arrest  or  remove  party  charged  with  crime,  punish- 
ment of,  §  142. 

Stenographer  for  in  cities  and  counties  over  one  hundred  thou- 
sand.    Appendix,  tit.  "Coroners." 

Subpoenas,  may  issue,  §  1512. 

Subpoenas,  who  may  serve.  §  1512. 

Suicide,  duty  in  case  of,  §  1510. 

Testimony  to  be  reduced   to  writing,  and  filed,  §15J5. 

Testimony,  where  filed  or  delivered,  §§  1515,  151C. 

Verdict  to  be  in  writing,  §  1514. 

Verdict,  what   to   contain,  §  1514. 

Warrant,  form  of,  §  1518. 

Warrant,  service  of,  §  1519. 

Warrant,  when  to  issue,  §  1517. 


INDEX.  901 

COKONER.      (Coiitiuuea.) 

Witness,  compelling  to  attend,  §  lOli!. 

Witnesses,   binding   over  to   appear   before   grand   jury   or   magis- 
trate, §  1514a. 
Witnesses,  binding  over,  undertaking  on,  §151  la. 
Witnesses,  compelling   attendance   ot,  §  1513. 
Witnesses,  may  subpoena,  §  1512. 

Witnesses,  punishment  for  disobedience  of  subpoena,  §  1513. 
Witnesses,  summoning   and  examining,  §  1512. 
Witnesses,  testimony   to  be  written  and  filed  with  county   clerk, 

§  1515. 
Witnesses,  who  to  be  summoned  and  examined  as,  §  1512. 

CORPORATIONS. 

Accounts,  fraud  in,  punishment  of,  §  563. 

Act  to  protect  stockholders  and  persons  dealing  with,  §  5G4,  note. 

Appearance  and  answer  on  indictment  or  information  being  filed, 
§§  1396,   1427. 

Appearance,    failure    to    make,    proceedings    on,  §§  1396,    1427. 

Appearance,  time  for,  §  1390. 

Banking.     See  Bank. 

Blacklisting  by.     See   Master   and   Servant. 

Bribing  trustees,  punishment  of,  §  165. 

Cemetery  corporation.     See  Cemetery  Corporations. 

Charge  against,  certificate  of  magistrate  as  to  probable  cause 
and  return  of  deposition,  §  1394. 

Charge  against,  certificate  of  sufficient  cause  against  by  magis- 
trate,  proceedings   on,  §  1395. 

Chinese,  corporation  employing  forfeits  charter,  §  179. 

Chinese,  employment  of  by,  a  misdemeanor,  §§  17S,  179. 

Copies  from  books,  refusing  to  permit,  a  misdemeanor,  §  565. 

Cruelty  to  animals.  See  Corporations  for  Prevention  of  Cruelty 
to  Children  and  Animals, 

Director  absent,   when   presumed   to   assent   to   proceedings,  §  570. 

Director  at   meeting   presumed   to   assent   to   proceedings,  §  569. 

Director,  defined,  §  572. 

Director  presumed  to  have  knowledge  of  affairs,  §  56S. 

Directors,  misconduct  of  a  misdemeanor,  §  560. 

Directors,  misconduct  of,  what  acts  amount  to,  §  560. 

Election,  coercion  of  employee  at,  what  amounts  to  and  punish- 
ment  of,  §  59. 

Embezzlement,  officer,  employee  or  agent  of  corporation,  when 
guilty  of,  §504. 

Examination   of  charge  against,  and   proceedings   on,  §  1393. 

Examination  of  charge  against,  certificate  of  magistrate  and 
return   of  deposition,  §  1394. 

Failure  to  keep  books  or  post  notices,  a  felony,  §  564. 

False  reports  by  officers  or  agents  a  felony,  §  564. 

False  report  of  condition,  a  felony,  §  564. 

False  representations  as  to  financial  conditions  a  misdemeanor, 
§  532a. 

Fictitious  person,  signing  name  of  in  subscription'  to  stock, 
punishment  of,  §  557. 

Fine  of,  how  collected,  §  1397. 

Foreign,  no  defense  that  corporation  is,  §  571. 

Form    of    summons    to,  §  1391. 

Fraud  in  increasing  capital,  punishment  of,  §  558. 

Fraud  in  keeping  accounts  of,  punishment  of,  §  563. 

Fraud  in  organizing,   punishment  of,  §  558. 


902  INDEX. 

CORPORATIONS.      (Contimu-d.) 

Fraud  11  lent  subscription   to  stock,  a   niisdeincanor,  §  GoT. 

(Jrand  jury  to  investigate,  when,  §  J39"). 

Indictment  against,  appearance  and  answer  in  case  of,  §  1396. 

Indictment  against,  plea  of  not  guilty  entered  if  it  fails  to  an- 
swer, §§  ];!9(3,  1J27. 

Infant  employees  not  to  be  sent  to  questionable  resorts,  §  1389. 

Information  against,  appearance  and  answer  in  case  of,  §  1396. 

information  against,  plea  of  not  guiltj'  entered  if  it  does  not 
appear,  §  1396. 

Information  against,  summons  to   issue   on,  §  1390. 

Information,  district  attorney  to  file,  when,  §  1395. 

Inspection   of  books,  refusal   of,   a  misdemeanor,  §  56.3. 

Intimidation  of  employees  at  election,  punishment  of,  §  59. 

Labor  organization,  coercing  persons  not  to  join,  a  misdemeanor, 
§679. 

Legal  duty,  failure  of  officer  to  obey,  a  felony,  §  564. 

Magistrate  to  issue  summons  on  information  or  presentment 
against,  §  1390. 

Misdemeanors,   what  acts   of   directors   are,  §  560. 

Notice  required  by  law,  failure  of  officer  to  post,  a  felony,  §  564. 

Offense  by,  failure  to  appear,  proceedings  on,  §  1427. 

Offense  by,  summons  against,  service  of  and  proceedings  on, 
§  1427. 

Offense  by,  summons  to  issue,  5  1427. 

Officer  or  agent  destroying  or  altering  books,  papers,  securities, 
etc.,  punishment  of,  §  563. 

Officer  or  agent  falsifying  books,  punishment  of,  §  563. 

Officer  or  agent  receiving  property  without  entry  in  books,  punish- 
ment of,  §  563. 

Officer  or  agent  receiving  property  without  full  equivalent,  punish- 
ment of,  §  563. 

Person  includes,  §§  7,  599b. 

Plea  of  guilty  by  may  be  put  in  by  attorney,  §  1018. 

Presentment   against,   summons   to   issue   on,  §  1390. 

Prospectus,  circular,  etc.,  unauthorized  use  of  names  in,  a  mis- 
demeanor, §  559. 

Railway.     See    Railroad. 

Reports   of  condition,  false,   a   felony,  §  564. 

Savings  bank,  overdrawing  deposit  by  officer  a  misdemeanor, 
§561. 

Seals   of,   forgery   of,  §  472. 

Summons,  justice  of  the  peace  or  police  judge  may  issue  on 
offense  by,  §  1427. 

Summons   on,  service   of,   time   of,  §§  1392,   1427. 

Summons,  service  of  on,  manner  of,  §§  1392,  1427. 

Summons  to,  appearance  and  answer  to,  §  1427. 

Summons  to,  form  of,  §§  1391,  1427. 

Summons  to,  plea  of  not  guilty  entered  on  failure  to  appear, 
§  1427. 

Summons  to,  to  be  issued  upon  information  or  presentment,  §  1390. 

Warrant  of  arrest  need  not  issue  on  offense  by,  §  1427. . 

Waters,  befouling,  a  misdemeanor,  §  374i^. 

CORPSE.     See  Cemetery. 

CORROBORATION. 

False  pretenses,  corroboration  when  necessary,  §  1110. 
Of   accomplice   necessary,  §  1111. 


INDEX.  903 

COREOBORATION.      (Continued.) 

Of  accomplice,  sufficiency  of,  §  1111. 
Prosecutrix  on  charge  of  abortion,  of,  §  llOS. 
Prosecutrix  on  charge  of  seduction,   of,  §  1108. 
Prosecutrix  on  charge  of  taking  awav  minor  for  prostitution  of, 
§  1108. 

CORRUPTLY. 

Cleaning  of,  §  7. 

COSTS. 

Escape,  of  trial  for,  §  111. 

Escaped  convicts,  of  trial  of.     Appendix,  tit.  "Costs." 

Expenses    of    coroners'    inquests    in    state    prison.     Appendix,    tit. 

"Costs." 
Justice's  court,  in,  §  1448. 
Order  for  prosecutor  to  pay,  §  1447. 
Posse    comitatus,    of,    supervisors    authorized    to    pay.     Appendix, 

tit.  "Costs." 
Prosecutor,    costs    against,    judgment    for    and    enforcement    of, 

§§  1447,  1448. 
Trial  of  convicts  for  crimes  committed  in  state  prison.     Appendix, 

tit.   "Costs. 
Trial  of  persons  violating  fish  law.     Appendix,  tit.  "Fish." 
When  prosecutor  to  pay,  §  1448. 

COUGARS.     See  Game  Laws. 

Are  predatory  animals,  §  637^/2. 

COUNSEL.     See  Attorney. 

COUNT. 

Indictments,  in.     See  Indictment. 
Information,  in.     See  Information. 

COUNTERFEITING. 

Acts  amounting  to,  §§  470,  474. 

Bills  and  notes,  passing  or  receiving,  punishment  of,  §  475. 

Coin,  bullion,  etc.,  §  477. 

Coin,  bullion,  etc.,  possession  or  receiving  of,  punishment  of,  §  479 

Dies  or  plates,  making   or   possessing,   punishment   of,  §  480. 

Dies  or  plates   to  be  destroyed,  §  480. 

Evidence  of,  §  1107. 

Fictitious  bills,  notes,  etc.,  making,   passing,  etc.,  punishment  of, 

§476. 
In   general,  §  470. 

Instruments   that   are   subject   of,  §  470. 
Labels.     See  Labels. 

Paper  money,  issuing  or  circulating,  a  felony,  §  648. 
Passing  counterfeit  matter,  punishment  of,  §  470. 
Possessing  or  receiving  counterfeit  coin,  bullion,  etc.,  punishment 

of,  §  479. 
Punishment  of,  §§  478-482. 

Quicksilver  stamp  or  seal,  of,  a  felony,  §  366. 
Quicksilver  stamp  or  seal,  using  counterfeited,  a  felony,  §  366. 
Railroad  ticket,  check,  etc.,  punishment  of,  §  481. 
Railroad  ticket,  check,  etc.,  restoring    canceled,    punishment    of, 

§482. 
Seals  of,  punishment  of,  §  472. 
Trade-mark.  §§  350,  353.     See  Trade-marks. 


fM)4  INDEX. 

COUNTERFEITING.      (Coutinued.) 

rtlciiiig  couutcil'eit  coin,  etc.   jiiinislinii'iit    ol',  §  479. 
Uttcrinjr  eouiiterfoit  iiiattci',  puiiislnni'iit  of,  S  ITU. 
Wli.'it  rii'ls  constitnio.  §§  17().    177. 

COUNTY. 

Acts  eoiLsolidiil  iiig  cit'iL's  ;iml,  ell'cH-t  of  code  on,  §  23. 

Conviction  or  acquittal  in  another  county,  effect  of,  §  794. 

Includes  city  and  county,  §  7. 

.Turisdiction  of  offense  committed  on  lioiiiidaries  between  counties, 
§  782. 

.Turisdiction  of  offense  committed  within  five  hundred  yards  of 
boundary  of  county,  §  782. 

Jurisdiction  where  offense  partly  in  one  county  and  j)artly  in 
another,  §  781. 

Offense  committed  on  boundary  between  counties,  jurisdiction  of, 
§782. 

Property  feloniously  taken  in  one  county  and  brought  into  an- 
other, jurisdiction  over  offense,  §  786. 

COUNTY  CLERK.     See  Clerk. 

COUNTY  JAIL.     See  Jail. 

COUNTY  TREASURER. 

Delivery  of  unclaimed,  stolen,  or  embczzlad  property  to,  sale  by, 

anci  disposition   of  proceeds,  §  1411. 
Receiving  deposits  of  private  moneys,  punishment  of,  §  180. 

COURT.  See  Judges;  Justice's  and  Police  Court;  Police  Court;  Su- 
perior court. 

Absence   of  jury,   adjournment   during,  §  1142. 

Absence  of  jury,  deemed  open  for  business  until  verdict,  §  1142. 

Adjournment  of.     See  ^Adjournment. 

Admonition  to  jury  not  to  converse,  §  1122. 

Argument,  power  to  restrict,  §  1095. 

Assault  in   presence   of,   security   may  be   required,  §  710. 

Authority  of,  to  which  an  action  is  removed,  §  1038. 

Calendar,  in   general,  §§  1047,   1048. 

Calendar,  order  of  disposing  of  cases  on,  §  1048. 

Challenges,  to  try,  §  1078. 

Destroying,  stealing,  falsifying,  mutilating,  etc.,  records  of,  pun- 
ishment of,  §§  113,  114. 

Duty  imposed  on  by  code,  §  12. 

Juvenile  court.     See  Juvenile  Court. 

May  appoint  counsel  in  absence  of  district  attorney,  §  1130. 

May  arrest  judgment  without  motion,  §  1186. 

May  make  order  of  dismissal  of  action,  §§  1382,  1385. 

Mav  order  reconsideration  of  verdict,  when,  §  1161. 

COURTS-MARTIAL. 

Code  preserves  authority  of,  §  11. 

May  make  summary  inquiry  for  mitigation,  etc.,  §  1203. 

Must  decide  cjuestions  of  law,  §§  1124,  1126. 

Must  give  judgment  on  special  verdict,  how,  §  1155. 

Power  of,  to  restrict  argument,  §  1095, 

Proceedings  in  case  where  has  no  jurisdiction,  §§  1113,  1114,  1115. 

COYOTES. 

Are  jiredatory  animals,  §  637% 


INDEX.  905 

CRABS.     See  Game  Laws.  9 

Closed  season. §  628. 
Possession,  purchase   or  sale   during   closed   season,  §  628. 

CRANES. 

Blue,   act   to   prevent   capture   and   destruction   of,  §  599,   note. 
Injuring  or  destroying  birds  or  nests  a  misdemeanor,  §  599. 
Injuring  or  destroying  birds  or  nests,  punishment  of,  §  599. 

CRAPPIE.     See  Game  Laws. 

CRAWFISH.     See  Game  Laws. 
Closed  season, §  628. 
Possession   during  closed  season,  §  628. 

CREDIT. 

For    good    beBavior    of    prisoners    allowed,  §  1588. 
How  forfeited,  §  1588. 
Meaning  of,  §  476a. 
Prisoners,   of.     See   Prisoners. 

CREDITORS.     See  Debtor;  Fraud. 

Attempting  to  defraud,  punishment  of,  §§  151,  155. 

CRIME.     See  Felony;  Misdemeanor. 

Accident  or  misfortune,  crime  committed  through,  §  26. 

Act  not  less  punishable  because  a  contempt,  §  657. 

Aiding  and  abetting  out  of  state  crime  committed  in  state,  §  27. 

Classified,  as  felonies  or  misdemeanors,  §  16. 

Committed  out  of  state,  when  punishable  within  state,  §  27. 

Compounding,  punishment,  §  153. 

Conflict  of  laws,  §  27. 

Defined,  §  15. 

Degree  of,  jury  to  find,  §  1157. 

Degree  of  defendant  on  value,  in  what  currency  estimated,  §  678. 

Degree  of.     See  Degree  of  Crime. 

Duress,  crime  committed  by  married  woman  under,  §  26. 

Felonies.     See  Felonv. 

Felony,  defined,  §  17. 

Felony  or  misdemeanor,  offense  when  is  according  to  punishment 

inflicted,  §  17. 
How  prosecuted,  §  682. 
Idiots  cannot  commit,  §  20. 
Ignorance  of  fact  as  affecting  liability,  §  26. 
Infant's  liability  for,  §  26. 

Insane  persons  cannot  commit,  §  26.  » 

Intent,  how  manifested,  §  21. 
Intent  to  defraud,  what  sufficient,  §  S. 
Intent,  want  of,  §  26. 

Intoxication  may  be  considered  in  determining  intent,  §  22. 
Intoxication  no  excuse  for  crime,  §  22. 
Is  felony  or  misdemeanor,  §  16. 
Jurisdiction.     See  Jurisdiction. 
Jurisdiction,  committed  in  railroad  train,  §  783. 
Jurisdiction,  crime  committed  out  of  state  when  i)unishable  here, 

§27. 
.lurisdiction   of,  commenced    out    of    and    comi)leted    in    the    state, 

§778. 
Jurisdiction  of,  committed  in  the  state,  §  777. 
Jurisdiction  of,  committed  on   boundary  line,  §  782. 


90(i  INDEX. 

fCRIME.      (Coiitiiniod.) 

.Im-isiliction  of,  committed   on    vessel,  §  783. 

.lurisdiction  of,  committed  partly  in  two  counties,  §  781. 

.Tury  to  find   degree  of,  §  ll."}?. 

Lawful  resistance  by  other  persons,  right  of,  §  f)94. 

Lawful  resistance  by  party  injured,  right  of,  §  GO."?. 

Lawful  resistance  to  commission  of,  who  ma}-  make,  §  G92. 

Lunatics  cannot  commit,  §  26. 

Married  woman  committing  under  coercion,  §  26. 

Menace,  crime  committed  under,  §  26. 

Misdemeanor,  defined,  §  17. 

Misdemeanor  or  felony,  offense  when  is  according  to  punishment 

inflicted,  §  17. 
Misdemeanor.     See  Misdemeanors. 

Misfortune  or  accident,  crime  committed  through,  §  26. 
Mistake  of  fact  as  affecting  liability,  §  26. 
Negligence,  criminal,  as,  §  20. 

No  act  or  omission  is  except  as  prescribed  by  code,  §  6. 
No  person  punishable  except  on  conviction,  §  68L 
Officer  refusing  to  arrest  for,  punishment  of,  §  142. 
Out  of  state,  when  punishable  here,  §  27. 
Particular  crime.     See  particular  title. 
Parties  to,  classification  of,  §  30. 
Persons  liable  to  punishment,  §  27. 
Prevention  of,  by  officers,  manner  of,  §  697. 
Prevention  of,  persons  aiding  officers  in,  when  justified,  §  698. 
Prosecuted,  how,  §  682. 

Public  officer  convicted   of,  forfeits   office,  §§  88,  98. 
Punishable   under   foreign  law,   may  be  punishable   in   this   state, 

§  655. 
Punishment,  in  general,  §§  12,  13,  18,  19. 
Punishment  when  no  penalty  prescribed,  §  177. 
Eefusal  to  aid  in  preventing,  punishment  of,  §  150. 
Resistance  to.     See  Resistance;   Self-defense. 
Restraint  allowed  of  persons  charged  with,  §  688. 
Threatening  to  accuse  person  of,  extortion,  §  519. 
Threats,  crime  committed  under,  §  26. 
Unconsciously  committing,  liability  for,  §  26. 
Unity  of  act  and  intent  in  commission  of,  or  criminal  negligence 

necessary,  §  20. 
When  degree  of  depends  on  value,  what  currency  to  be  estimated, 

§678. 
Who  capable  of  committing,  §  26. 
Who  liable  for  punishment,  §  27. 

CRIME  AGAINST  NATURE.     See  Cunnilingus;  Fellatio;  Sodomy. 
Any  penetration  sufficient  to   complete,  §  287. 
Assault  to  commit,  punishment  of,  §  220. 
Punishment  of,  §  286. 

CRIMINAL  ACTION.     See  Action. 

CRIMINAL  CONTEMPT.     See  Contempt. 
Enumeration  of  acts  constituting,  §  16p. 

CRIMINAL  LAW.     See  Crime;  Criminal  Practice. 
Conviction.     See  Conviction. 
Indictment.     See  Indictment. 
Information.     See  Information. 


INDEX.  907 

CRIMINAL  LAW.      (Continued.) 

Particular  crime.     See  particular  title. 

Prisoners.     See  Prisoner. 

Prisons.     See  Prisons. 

Whittier  State  School.     See  Whittier  State  School. 

CRIMINAL  NEGLIGENCE.     See  Negligence. 

CRIMINAL  PLEADING.     See  Indictment;  Information. 

CRIMINAL  PRACTICE.     See  subject  in  question. 

Accomplice  conviction  on  testimony  of,   §  1111. 

Appeal.     See  Appeal. 

Appearance.     See  Appearance. 

Arraignment.     See  Arraignment. 

Counsel,  right  of  defendant  to,  §  686. 

Defendants  in  criminal  actions,  rights  of,  §  686. 

Evidence.     See  Evidence. 

Grand  jurors.     See  Grand  Jury. 

Husband  and  wife,  competency  of  as  witnesses  in  criminal  ac- 
tions, §  1322. 

Indictment.     See  Indictment. 

Information.     See  Information. 

.Tudge,  substituted,  powers  of,  §  105.3. 

Judge,  substitution  of  on  death  or  illness  of  judge  or  inability  to 
proceed, §  1053. 

Judgment,  inquirj'  into  history,  antecedents,  environment,  etc.,  of 
defendant,  §  1203,  subd.  S. 

.ludgment,  time  for  pronouncing,  generally,  §  1191. 

Judgment,  time  for  pronouncing  where  defendant's  sanity  ques- 
tioned, §  1191. 

Juvenile  court.     See  .luvenile  Court. 

Probation.     See  Probationary  Treatment;  Juvenile  Court. 

Sentence.     See  Sentence. 

Trial,  speedy,  defendant  has  right  to,  §  686. 

Trial.     See  Trial. 

What  offenses  prosecuted  by  indictment  or  information,  §  682. 

Witnesses,  right  of  defendant  to  be  confronted  with,  §  686. 

Witness,  testimony  of  at  former  trial,  when  may  be  read,  §  686. 

Witnesses,  testimony  of  taken  at  preliminary  examination,  when 
may  be  read,  §  686. 

CROAKER,  SPOT  FIRE.     See  Game  Laws. 

CROP. 

Malicious  injurj^  to,  a  misdemeanor,  §  604. 

CROSS-EXAMINATION. 

Of  defendant  appearing  as  a  witness,  §  1328. 

CROSSING. 

Omitting  to  give  warning  at,  a  misdemeanor,  §  390. 

CRUELTY. 

Animals,  to.     See  Cruelty  to  Animals. 

Children,  to.     See  Parent  and  Child. 

Children,  to,  apprenticing  or  selling  for  illegal   or  immoral   jiur- 

poses,  a  misdemeanor,  §  272. 
Children,   to,   fines    collected    paid    to    societies  Tor   prevention    of, 

when,  §  273c. 


9U8  INUKX. 

CRUELTY.      (Coutiniu'd.) 

Ijiinatic'S,   to,  a  niisik'nu'iiiior.  J? -Hi  1 . 
I'risuner,  by  ollicer,  luiiiislmu'iit  ul',  S  N7. 

CRUELTY  TO  ANIMALS. 

AbaiuloiiL'd  animal,  right  to  kill,  §  5971". 

Abaiulont'd  animals,  duty  aud  riglits  of  humane  ollicer,  §  .IDT  1. 

Abandonment  of  animal  a  misdemeanor,  §  ')i)lf. 

Abuse  of  animal  hired  from  livery-stable  keeper,  a  misdemeanor. 
§  537b. 

Abusing  or  failure  lo  provide  for,  a  misdemeanor,  §  597. 

Act  for  prevention  of.     Appendix,  tit.  "Animals." 

Act  to  prevent,  §§  597,  note,  597a,  note. 

Act  to  prevent  continued  in  force,  §  2.3. 

Carrying  animals  in  cruel  manner,  seizing  and  caring  for  vehicle 
and  contents,  §  597a. 

Carrving  animal  in  vehi(dc  in  cruel  mannei',  a  misdemeanor, 
§  597a. 

Complaint,  warrant  to  be  issue<l  on,  §  599a. 

Corporation,  knowledge  and  acts  of  agent,  effect  of,  §  599b. 

Depriving  of  necessary  sustenance,  drink  or  shelter,  a  misde- 
meanor, §  597. 

Docked  horse,  certain  stock  excepted  from  provisions  as  to,  §  597d. 

Docked  horses,  recording  by  county  clerk  and  fee  for,  §  597b. 

Docked   horses,  registration   of,  §  597b. 

Docked  horses,  unregistered,  importing,  using  or  dealing  in,  un- 
lawful, §§  597a,  597d. 

Docking  tail  of  horse  a  misdemeanor,  §§  597a,  597d,  599d. 

Docking,  using  unregistered  animal  as  evidence  of,  §  597c. 

Duty  to  kill  on  notice  from  officer,  §  599e. 

Failure  to  kill  on  notice  from  ofificer  a  misdemeanor,  when,  §  599e. 

Fighting,  causing,  permitting  or  witnessing,  a  misdemeanor, 
•    §§597b,  597c. 

Fighting,  officer  may  enter  and  arrest  without  warrant,  §  597d. 

Fighting,  training  for,  a  misdemeanor,  §  597c. 

Impounded  animals,  failure  to  feed  or  water,  a  misdemeanor, 
§  597e. 

Impounded,  right  to  enter  and  feed  and  charge  to  owner,  §  597e. 

Malicious  killing,  injury  to  or  maiming  of,  a  misdemeanor,  §  597. 

Meaning  of  words  "animal,"  "torture,"  torment,"  "cruelty," 
"owner"  and  "person,"  §  599b. 

Neglected  or  disabled  animals,  duties  and  power  of  humane  officer, 
§  597f. 

Neglecting   animal   left   within    in  closure,    a    misdemeanor,  §  597f. 

Overdriving  or  overloading  a  misdemeanor,  §  597. 

Permitting  animal  to  go  without  care,  a  misdemeanor,  §  597f. 

Provisions  as  to  do  not  prevent  killing  for  food,  §  599c. 

Provisions  as  to  do  not  prevent  killing  for  scientific  purposes, 
§  599c. 

Provisions  as  to  do  not  prevent  killing  of  venomous  or  dangerous 
animal  or  reptile,  §  599e. 

Provisions  relating  to  do  not  affect  what  acts,  §  599c. 

Provisions  relating  to,  what  laws  not  affected  by,  §  599c. 

Subjecting  to  needless  suffering  or  torture  a  misdemeanor,  §  597. 

Use' of  bristle  or  tack-bur  or  similar  device  prevented.  Appendix, 
tit.   "Animals." 

Using  when  uivfit  for  labor,  a  misdemeanor,  §  597. 

CRUELTY  TO  CHILDREN.     See  Parent  and  riiild. 


INDEX.  909 

CRUSTACEANS.     See  Gaiuo  Laws. 

CUBIC-AIR  LAW. 

Act  relating  to,  §  4Ula,  note. 

Number  of  cubic  feet  required  for  each  person   in   loilging-honso, 

§  401a. 

CUNNILINGUS. 

A  felony, §  2SSa. 
Punishment  of,  §  288a. 

CURLEW.     See  Game  Laws. 

CUSTODY. 

Defendant  delivered  into  to  be  held  by  sheriff  unless  admitted  to 

bail  on  habeas  corpus,  §  1286. 
Defendant   to   be    given   into,   if   offense   punishable    with   death, 

§  1285. 
Habeas  corpus.     See  Habeas  Cor^jus. 

Indictment  against  defendant,  not  in,  proceedings  on,  §  945. 
Involuntary    servitude,    holding    one    in,  §  181.     See    Involuntary 

Servitude. 
Ordering  defendant  into  on  arraignment,  §  986. 
Retaking  goods  from  custody  of  officer,  a  misdemeanor,  §  102. 


DAIRIES. 

Butter.     See  Butter. 

False  or  inaccurate  tests,  using,  punishment  of,  §  381a. 

False  tests,  district  attorney  to  prosecute  persons  making,  §  381b. 

False  tests,  state  dairy  bureau  to  prosecute  offenders,  §  381b. 

State  dairy  bureau,  duty  to  supply  apparatus  for  testing,  §  BSlb. 

State  dairy  bureau,  examination  and  marking  of  testing  aj^paratus, 

§  381b. 
State  dairy  bureau,  fees  for  testing  apparatus  and  disposition  of, 

§  381b. 
State  dairy  bureau  to  examine  testing  apparatus,  §  38 lb. 

DAIRY  PRODUCTS.     See  Dairies. 

Deception  in  manufacture  and  sale.     Appendix,  tit.  "Butter." 
False  tests  of,  a  misdemeanor,  §  381a. 
Fraud  in  sale  of,  §  3Sla. 
Oleomargarine.     See  Oleomargarine. 

Short-weight  rolls  of  butter,  sale   of,  act  to  prevent.     Appendix, 
tit.  "Oleomargarine." 

DAM. 

Fishways  over  or  around,  provision  as  to,  §  637. 

Injuring  or  destroying,  a  misdemeanor,  §  607. 

Owner  of,  failure  of  to  construct  fishways,  a  misdemeanor,  §  637. 

DAMAGES.     See  Malicious  Mischief. 
Civil  remedy  for  criminal  acts,  §  9. 
Habeas  corpus,  growing  out  of,  §  1505. 

DAVIS. 

University  farm  at.     See  University  of  California. 


910  INDKX. 

DAYS. 

Nighttime,  meaning  ol,  S  7. 

DEAD   ANIMAL. 

1 'lit  ting  ill  si  ream,  liighwu}',  etc.,  a  misdemeanor,  §  .'374. 

DEAD  BODY.     See  Cemetery. 

Arrest  or  attachment  of,  a  misdemeanor,  §  29ij. 

DEADLY  WEAPON. 

Assault  with.     See  Assault. 

Bringing  into  jail,  state  prison  or  reformatory  a  felony,  §  171a. 

Exhibiting  in  rude,  etc.,  manner,  a  misdemeanor,  §  417. 

Firearms.     See  Firearms. 

Possession  of,  with  intent  to  assault,  a  misdemeanor,  §  467. 

Search  of  defendant  for,  may  be  ordered,  when,  §  1.542. 

Taking  from  arrested  person,  §  S4G. 

Using  unlawfully,  a  misdemeanor,  §  417. 

DEATH.     See  Civil  Death. 

Agent  to  whom  commission  delivered,  proceedings  on,  §  1359. 

Assault  by  prisoner  with  deadl}'  weapon  punishable  by,  §  246. 

Bailable,  ofi'ense  punishable  with  death,  when  only,  §  1270. 

Civil,  rights  of  eonvicited  person  suspended,  §  073. 

Collision,  from,  negligently  causing,  punishment  of,  §  369. 

Coroner,  duty  concerning.     See  Coroner. 

Dead  bodies,  violating.     See  Cemetery. 

Delivery  of  defendant  into  custody,  where  offense  punishable 
with,  §  1285. 

Duty  of  judge  in  passing  sentence  of,  §  1217. 

Execution,  where  to  take  place  and  who  to  be  present,  §  1229. 

Explosion,  negligently  causing  death  from,  punishment  of,  §  368. 

Governor  may  require  opinion  of  sujireme  court  judges  and  attor- 
ney-general on  conviction  requiring  death  sentence,  §  1219. 

Inquest  over.     See  Coroner;  Inquest. 

Insane,  proceedings  where  one  under  death  sentence  is,  §§  1221- 
1224. 

Insane,  sentence  of,  when  convict  is,  §§  1221,  1224. 

Judgment  of,  how  executed,  §§  1217,  122S,  1229. 

.Tudgmeut  of  power  to  suspend,  §  1220. 

Judgment  of,  proceedings  where  defendant  becomes  insane, 
§§  1221-1224. 

Judgment  of,  proceedings  where  defendant  pregnant,  §§  1225, 
1226. 

Judgment  of,  proceedings  wdiere  it  has  not  been  executed  but  re- 
mains in  force,  §  1227. 

Judgment  of,  suspended  on  appeal,  when,  §  1243. 

Judgment  of,  transmission  of  conviction  and  testimonv  to  governor, 
§  1218. 

Manslaughter,  death  must  be  within  a  j'ear  and  a  day,  §  194. 

Mischievous  animal,  from,  owner  guilty  of  felony,  when,  §  399. 

Murder,  death  to  be  within  year  and  a  day,  §  194. 

Murder  in  first  degree,  when  punishable  by,  §  190. 

Murder,  within  what  time  death  to  be,  §  194. 

One  sentenced  to  imprisonment  for  life  civilly  dead,  §  673. 

Pregnant,  proceeding  when  convict,  §§  1225,  1226. 

Procuring  conviction  and  execution  of  innocent  person  by  perjury 
punishable  by,  §  128. 


INDEX.  911 

DEATH.      (Continued.) 

I'uuishment  of,  how  inflicted,  §  122S. 

Punishment  of,  return  upon  search-warrant,  §  1230. 

Punishment  of,  where  to  take  place,  §  1229. 

Punishment  of,  where  to  take  place  and  who  to  be  preseut,  §  12'J'J. 

Punishment  of,  who  to  be  present,  §  1229. 

Sentence  of.     See  Judgment. 

Sentence  of,  proceedings  where  defendant  insane,  §§  1221-1221. 

Suicide.     See  Suicide. 

Train-wrecking  may  be  punished  with,  §  219. 

Treason  is  punishable  by,  §  37. 

Unexecuted  judgment  of,  carrying  into  effect,  §  1227. 

Unexecuted  judgment  of,  order  canning  into  effect  not  appealable, 

§  1227. 
Warrant  of,  execution  on  judgment  of,  §  1217. 
Warrant  of,  return  upon  after  execution,  §  1230. 
When  offense  punishable  with,  defendant  to  be  given  into  custody, 

§  1284. 

DEATH  SENTENCE.     See  .Judgment. 

DEATH  WARRANT. 

On  judgment  of  death,  §  1217. 
Eeturn  upon,  after  execution,  §  1230. 

DEBT.     See  Public  Debt. 

Contract  by  ofBcer  of  railroad  in  excess  of  means,  a  misdemeanor, 

§566. 
Evidence  of,  subject  of  embezzlement,  §  510. 
Evidence  of  debt.     See  Evidence  of  Debt. 
Illegally  contracted,  not  invalid,  §  567. 

DEBTOR. 

Committing  acts  to  defraud  creditors,  a  misdemeanor,  §  531. 
Committing  acts  to  defraud  creditor,  punishment  of,  §§  154,.  155, 

531. 
Fraudulent  conveyance,  a  misdemeanor,  §  531. 
Fraudulently  concealing  proi^erty,  punishment  of,  §§  154,  155. 
Fraudulently  disposing  of  property,  punishment  of,  §§  154,  155. 

DECEIT.     See  Fraud. 

Attorney,  by,  a  misdemeanor,  §  160. 
Witness,   deceiving,  a  misdemeanor,  §  133. 

DECEIVING. 

Witness,  a  misdemeanor,  §  133. 

DECENCY.     See  Indecent;  Indecent  Exposure. 

DECISION. 

Agreeing  to  give,  punishment  of,  §  96. 

Of   referee,   etc.,   attempt   to   influence,   punishment   of,  §  95. 

Promise  of  referee,  juror,  etc.,  to  give  certain,  punishment  of,  §  96. 

DECLARATION. 

Oath  includes,  §  7. 

DEED.     See  Conveyance. 
Forgery  of,  §  470. 

DEER.     See  Game  Laws. 

Destruction   prohibited  §§  626e,   626f. 


\)\2  INDEX. 

DEER.      (L'oiitiuued.) 

('li)so(l  soasuu  for,  §§  IJl^Ge,  liliGi'. 

Mt.  Diablo,  act  to  jircxi'iit  di'slnu'lioii  of  deer  on.      Apjiciidix,  tit 

"Game  Laws." 
I'osscssiou   of  between  ce-tain   dates  a  misdcnieanor,  §  (J^ltjf. 

DE  FACTO  OFFICER. 

Acting  as  officer  without  qualifying,  effect  of,  §  6(). 

DEFECTS. 

Jndictnients,  in,  effect  of,  §  900. 

Pleadings  and  other  proceedings,  in,  wlieu  not  material,  §  1404. 

Writ  of  habeas  corpus,  in^  immaterial  when,  §  1495. 

DEFENDANT. 

Actpiittal,  detained  or  discliarged  after,  when,  §  1163. 
Admission  to  bail.     See  Bail. 
Answer,  must  be  allowed  time  to,  §  990. 
Appeal,  iu  what   cases  may,  §  1237. 

Appeal,  may  not,  from  order  setting  day  of  execution  of  unexe- 
cuted sentence  of  death,  §  1227. 
Appear  and  defend,  right  of  defendant  to,  §  686. 
Appear  for    judgment,    proceedings    on    failure    of    defendant    to, 

§  1195. 
Appearance  at  verdict,  necessary,  when  and  when  not,  §  1148. 
Arraignment  of,  for  judgment,  §  12U0. 

Arraignment   of,   if   in   custody,  §  978.     See    Arraignment. 
Arrest  and  surrender  of  by  bail,  §  1301. 
Arrest  of  on  bench-warrant,   §  1199. 

Arrested,  must  be   taken   before   magistrate   without   delay,  §  825. 
Arrested,  taken  before   what  magistrate,  §§  821-823,   827,   828. 
Attorney  may  visit,  §  825. 
Attornev,   refusing  permission    to   visit,   punishment   and   liability 

foT,'§  825. 
Attorney.     See  post,  Counsel,  this  subject. 
Bail.     See  Bail. 

Challenge,  must  be  informed  as  to  when  he  must  take,  §  1066. 
Challenging,  when  several  defendante  must  unite  in,  §  1056. 
Charge  against,  to  be  informed  of,  §  858. 
Commission,  right    of,    to    examination    of    witnesses    on,  §§  1349, 

1350. 
Commitment  at  the  trial  of  defendant  who  has  given  bail,  §  1129. 
Commitment  for   examination,   form   of,  §  863. 
Commitment  of,   how   made   and   to   whom   delivered,  §  876. 
Commitment.     See  Commitment. 
Committed   for   examination   or   discharged   on   bail    on   postpo'ne- 

ment,  §  862, 
Committed,  when   to   be,  §  872. 

Conditional  examination  of  witness,  to  be  present  at,  §  1340. 
Conviction,   can  be  had   only  on   verdict,  plea   of  guilty    or   upon 

judgment,  §  689. 
Copy  of  evidence  before  grand  jury  to  be  served  on,  §  988 
Copy  of  testimonv  taken  before  grand  jury  to  be  given,  §  925. 
Corporation  as,  §§  1390-1397. 
Counsel,  entitled   to,  §  686. 
Counsel  may  visit,  §  825. 

Counsel,  must  be  allowed  time  to  procure,  §  859. 
Counsel,  peace-otficer  to  take  message  to,  without  charge  or  delay, 

§  859. 


INDEX.  913 

DEFENDANT.      (Continued.) 

Counsel,   refusing  peruiissiou   to   visit,   a  niisdiMiieanor,  §  825. 

Counsel,  to  be  informed  of  right  to,  §  858. 

Custody  of.     See  Custody. 

Defense,  may  sliow  what  facts  under  plea  of  not  guilty,  §  1020. 

Definition  of,  §  685. 

Delivering  into   custody  on   commitment,  §  87(i. 

Depositions  of  witnesses  may  be  read  when,  §  686. 

Depositions,  right  to  take'.     See  Depositions. 

Depositions  taken   on   examination   must  be   read   to,  §  864. 

Discharged,  defendant  is,  how,  §  871. 

Discharged  for  want  of  prosecution,  when,  §  1383. 

Discharged  from  custody  on  his  own  recognizance  when,  §  1383. 

Disciiarged  if   action   dismissed,  §  1384. 

Discharged  in  certain   cases,  §  1117. 

Discharged  on  reversal  of  judgment,  §  1262. 

Discharged  or  not,  on  verdict  of  acquittal,  §  1165. 

Discharged,  when   defendant  is  to  be,  §  871. 

Discharge  of    defendant    not    arrested    on    warrant    from    proper 
county, §  1116. 

Discharge  of.     See  Discharge. 

Discharging  to  be  witness,  §§  1099,  1100,  1101. 

Evidence  before  grand  jury,  service  of  on,  §  925. 

Examination  of.     See   Preliminary   Examination. 

Examination  of,   when   to   proceed,  §  860. 

Grand  jury  not  bound  to  hear  evidence  for,  §  920. 

Held  or   discharged   on   motion  in  arrest  of  judgment,  §  1188. 

Held  to'  answer,  when,  §  872. 

How  brought   before   court   for   judgment,  §§  1194,    1195. 

Impeachment,  in,  §§  740,  744. 

Indictment  found  against  defendant  not  in  custody,  and  proceed- 
ings  on,  §  945. 

Insanity,  proceedings  after  acquittal  on  ground  of,  §  1167. 

Is  who,  §  685. 

Joint  indictment  or  information,  acquittal  or  conviction  of  one  or 
more  permitted,  §  970. 

Joint  indictment,  separate  trials  in  case  of,  §  1098. 

Joint  trial,  verdict  on  trial  in  police  or  justice's   court,  §  1442. 

Joint  verdict  as  to  some,  new  trial  as  to  others,  §§  1160,  1442. 

Judgment,  defendant  may  show  what  for  cause  against,  §  1201. 

Judgment,  grounds  for  not  pronouncing,  §  1201. 

Jurisdiction,   discharge   of   defendant   where   jury   discharged   be- 
cause court  has  no,  §  1114. 

Jurisdiction,   proceedings   if  jury   discharged   for  want   of,  where 
offense  committed  in  state,  §§  1115,  1116. 

Jurisdiction,    proceedings    where    jurj'    discharged    for    want    of, 
where   offense   committed  out   of  state,  §  1114. 

Money,  etc.,  taken  from,  disposal  of,  §  1412. 

Must  be  informed  of  charge  and  his  rights,  §  858. 

Name,  erroneous,   in   indictment,   inserting   correct   name,  §  953. 

Name,  not  indicted  by  true,  proceedings  on  arraignment,  §  989. 

Office,  on  proceedings  for  removal  from,  §§  760-766. 

Partv  prosecuted,  known  as  defendant,  §  685. 

Plea"^to  be   stated  to  jury,  §  1093. 

Plead,  refusing  to,  a  plea  of  not  guilty  entered,  §  1024. 

Pleading  on   part   of,  §  1002. 

Preliminary  examination.     See  Preliminary  Examination. 
Pen.  Code — 58 


914  INDEX. 

DEFENDANT,      (('oiitiriuo.l.) 

ricsi'iiee  at   ((unlil  iniial   cxaiiiiiia'tjiMi   of   wilui'ss,   right   of  (ief'pnil- 

aut,  §  1:1  111. 
Presence  of,  at  airaignineiit,  necessity  of,  §  977. 
•  Presence  of,  at  .iiulgnieut,   necessity   of,  §  1193. 
Presence  of,  at  trial,  necessity  of,  §  1043. 
Presence  of,  necessary  in  justice's  court,  §§  1434,  1438. 
Presence  of,  necessary    in    police    court,  §§  1434,  1438. 
Presence  of,  not  necessary  on   appeal,  §  1255. 
Presence  of,  on  rendering  verdict,  necessity  of,  §1148. 
Present  personally   at  trial  in   police  or   justice's  court,   must  be, 

§  1434. 
Presumption   of   innocence,  §  109G. 
Proceedings  upon  verdict  of  guilty,  §  1 166. 

Proceedings  where   jury   discharged   because   no   offense,  §  1117. 
Property,  etc.,  taken  from,  receipt  for,  §  14]  2. 
Public   trial,   right  to,  §  686. 

Reasonable  doubt  as  to  degree  of  guilt,  verdict  in  case  of,  §  1097. 
Reasonable  doubt  as  to  guilt  of,  right  to  acquittal,  §  1096. 
Receipts   for   property,   etc.,   taken   from,  §  1412. 
Remanded  after  verdict  against,  §  116G. 

Right   of,   conditional    examination   of   witnesses,  §§  1336,    1337. 
Rights  of,  enumerated,  §  686. 
Search  of,  when  ordered,  §  1542. 
Searched  in  presence  of  magistrate,  when,  §  1542. 
Separate  trial  of,  when  jointly  charged,  §  1098. 
Special   proceedings,   in,   who   is,  §  1562. 
Speedy  trial,  dismissal  where  case  not  brought  to  trial  for  sixty 

days,  §  1382. 
Speedy  trial,   right   to,  §  686. 
State's  evidence,  proceedings  where  one  defendant  turns,  §§  1099 

1101. 
Surrender  of,  by  bail,  §§  1300-1302. 

Transcript   of   testimony   at   preliminary   examination,   to   be   fur- 
nished to,  when,  §  870. 
Trial,  speedy  and  public,  right  to,  §  686. 
Trial,  two   days  to  prepare   for,  §  1049. 
To  be  present  when  adjudged  guilty  of  felony,  §  1193. 
Unnecessary  restraint  of,  before  conviction,  not  permitted,  §  688. 
Verdict  as  to  some,  another  trial  as  to  others,  §  1160. 
Warrant  of  arrest  for,  when  issued,  §  813. 
Witness  against  himself  not  to  be,  §§  688,   1323. 
Witness,  as,  §§  688,  1323. 
Witness,  defendant  offering  himself  as,  right  of  cross-examination 

of,  §  1323. 
Witness,  may  be,  §  1323. 
Witness,  neglect    of    defendant    to    testify    as,   not    to    prejudice, 

§  1323. 
Witnesses,  depositions  of,  when  may  be  read,  §  686. 
Witnesses,  magistrate  to  issue  subpoenas  for,  §  864. 
Witnesses  may   be   cross-examined   by,  §  865. 
Witnesses  may   produce,    at   preliminary    examination,  §  866. 
Witnesses  must  be  examined  in  presence  of,  §  865. 
Witnesses,  right   to   be    confronted    with,  §  686. 
Witnesses,  right  to  produce,  §  686. 

DEFINITION.     See  Words  and  Phrases. 
Accomplice,  §  1111. 
Actions,  criminal,  §  6S3.  ' 


INDEX.  915 


DEFINITION.      (Continued.) 

Amateur  boxing  contests,  S  4  12. 

Arrest,  §  834. 

Arrest,  warrant  of  §  814. 

Arson,  §  447. 

Assault,  §  240. 

Bail,  §§  1268,  1269. 

Bail,  admission  to,  §  126S. 

Bail,  taking  of,  §  1268. 

Barratry,  §  158. 

Battery,  §  242. 

Bigamy,  §  281. 

Bribe,  §  7. 

Building,  §§  448,466. 

Burglary,  §  459. 

Burning,  §  451. 

Challenge  for  cause,  §  1071. 

Challenge  for  cause,  general,  §  1071. 

Challenge  for  cause,  particular,  §  1071. 

Challenge,  peremptory,  §  1069. 

Challenge  to  juror,  §  1055. 

Challenge  to  panel,  §  1058. 

Commission,  §  1351. 

Complaint,  §  806. 

Conspiracy,  §  1S2. 

Corruptly,  §  7. 

Counterfeited  trade-marlc,  §  352. 

Crime,  §  15. 

Criminal  action,  §  683. 

Dealers,  wholesale,  §  630a. 

Defendant,  §  685. 

Depose,  §  7. 

Director,  §  572. 

Drugs,  §  383. 

Duel,  §  225. 

Embezzlement,  §  503. 

Express  malice,  §  188. 

Extortion,  §  518. 

False  imprisonment,  §  236. 

False  measure,  §  552. 

False  weight,  §  552. 

Felony,  §  17. 

Food,  §  383. 

Forged  trade-mark,  §  352. 

Grand  larceny,  §  487. 

Implied  malice,  §  188. 

Incest,  §  285. 

Indictment,  §  917. 

Inhabited  building,  §  449. 

Involuntary  manslaughter,  §  192. 

Judgment,  motion  in  arrest  of,  §  1185 

Kidnaping,  §  207. 

Knowingly,  §  7. 

Larceny,  §  484. 

Larceny,  grand,  §  487. 

Larceny,  petit,  §  488. 

Libel,  §  248. 

Lottery,  §  319.. 


J)16  INDEX. 

DEFINITION.      (Coiitiiiiu'd.) 
.Mayi-strate,  §§  7,  SOT. 
Malieo,  §§  7,  J88. 
Malice,  express,  §  1S8. 
Malieo,  implied,  §  ISS. 
Malicious  mischief,  §  591. 
Maliciously,  §  7. 
Mauslauyliter,  §  192. 
Alanslauglitei-,  involuntary,  §  192. 
Manslaughter, \oluntary,  §  192. 
Mayhem,  §  203. 
Misdemeanor,  §  17. 
Misprision  of  trespass,  §  38. 
Month,  §  7. 

Motion  in  arrest  of  judgment,  §  1185. 
Murder,  §  187. 

Murder  in  first  degree,  §  189. 
Murder  in  second  degree,  §  189. 
Neglect,  §  7. 
.  Negligence,  §  7. 
Negligent,  §  7. 
Negligently,  §  7. 
New  trial,  *§  1179. 
Night-time,  §§  450,403. 
Nuisance,  public,  §  370. 
Oath,  §  119. 
Panel,  §  1057. 
Peace-oiiicer,  §  7. 
Peremptory  challenge,  §  1069. 
Perjury,  §118. 
Petit  larceny,  §  488. 
Police  courts,  §  1461. 
Presentment,  §  916. 
Principles,  §  31. 
Process,  §  7. 
Public  moneys,  §  426. 
Public  nuisance,  §  370. 
Public  offense,  §  15. 
Eape,  §  261. 
Eobbery,  §  211. 
Eiot,  §  404. 
Eout,  §  406. 
Salmon,  §  634. 
Search-warrant,  §  1523. 
Spiked  buck,  §  664. 
Steelhead  trout,  §  634. 
Subpoena,  §  1326. 
Trade-mark,  §  353. 
Trade-mark,  counterfeit,  §  352. 
Trade-mark,  forged,  §  352. 
Treason,  §  37. 

Treason,  misprison  of,  §  38. 
Unlawful  assembly,  §  407. 
Verdict,  special,  §  1152. 
Vessel,  §  7. 

Voluntary  manslaughter,  §  192. 
Warrant  of  arrest,  §  814. 
Wholesale  dealers,  §  630a. 


INDEX.  iJ17 

DEFINITION.      (Continued.) 
Willfully,  §  7. 

Wine,  pure.     Appendix,  tit.  "Adulteration." 
Writ,  §  7. 

DEFORMITY. 

Exhibiting  a  misdemeanor,  §  40U. 
Extortion  by  tureat  to  expose,  §  519. 
Giving  appearance  of,  a  misdemeanor,  §  4UU. 

DEGREE  OF  CRIME. 

Arson,  §  453. 

Burglary,  §  460. 

Court  to  determine,  on  plea  of  guilty,  §  1192. 

Jury  to  find  in  verdict,  §  1157. 

Larceny,  §  4S6. 

Murder,  §  IS9. 

Reasonable  doubt  as  to,  conviction  for  lowest,  §  1(J97. 

DELINQUENT   CHILDREN.     See   Juvenile   Court. 

DEMURRER.     See  Indictment;  Information;   Pleading. 
Allowance  of,  new  indictment  or  information,  §  lUOS. 
Appeal  lies  from  order  on,  §  1238. 
Argument  on,  time  for  hearing,  §  1006. 
Arraignment,  to  indictment  or  information  on,  §  990. 
Bar  to  another  prosecution,  if  allowed,  when,  §§  1008,  1009. 
Conviction  on,  §  689. 

Defendant  may  demur  to  indictment  or  information,  §§  990,  1004. 
Defendant's  only  pleading  is  a  plea  or  a  demurrer,  §  1002. 
Demurrer  or  plea,   only  pleadings   allowed  deefndant,  §  1002. 
Discharge,  granted  on  sustaining  demurrer,  when,  §  10U9. 
Eiled,  must  be,  §  1005. 
Form  of,  §  1005. 

Grounds  for,  enumerated,  §  1004. 
How  put  in,  §§  1003,  1005. 
Impeachment,  in,  §§  743,  744. 

Judgment  on  as  a  bar  to  another  prosecution,  §  1008. 
JuTigment  on,  rendition  and  entry,  §  1007. 
Must  be  put  in  in  open  court,  §  1003. 
Must  distinctly  specify  grounds  of  objection,  §  1005. 
Objection  that  court  has  no  jurisdiction  not  waived  by  failure  lu 

demur,  §  1012. 
Objections  that  can  only  be  taken  by,  §  1012. 
Objections  that  facts  do  not  constitute  an  offense  not  waived  by 

failure  to  demur,  §  1012. 
Objections,  w'hat  must  be  taken  b)',  §  1012. 
Objections,  what  waived  by  failure  to  demur,  §  1U12. 
Overruled,  plea,  time  to  make  where  demurrer  is,  §  1011. 
Overruled,  proceedings  where  demurrer  is,  §  1011. 
Pleading,  as  a,  §  1002. 
Put  in  how,  §§  1003,  1005. 

Refusal  to  answer  or  demur,  plea  of  not  guilty  entered^  §  lu24. 
Signed  by  defendant  or  his  counsel,  must  be,  §  1005. 
Sustained,  effect  of  not  ordering  resubmission,  §  1009. 
Sustained,  proceedings  wliere  new  information  not  directed,  §  1009. 
Sustained,  proceedings  where  resubmission  not  ordered,  §  1009. 
Sustained,  resubmission  may  be  ordered,  §  1008. 
Sustained,  resubmisssion  onlered,  proceedings  on,  §  Kilo. 


918  indilx. 

DEMURRER.      (Coutimied.) 
'J'iiiif   lor   iu'iuiug,  §  lUUlJ. 
Time  to  put  iu,  §  lUOii. 
To  state  grouiids  of  objection,  §  1  ()()."). 
Writing,  imist  be  in,  S  lUiiT). 

DEPARTMENT  OF  ENGINEERING.     Sou  Jligliways. 

DEPENDENT  CHILDREN.      See  .luvenilf  Court. 

DEODAND. 

Al)olislied,  §  U77. 

DEPOSE. 

Inrludos  wliat,  §  7. 

DEPOSIT. 

After  l)ail  is  given  and  before  forfeiture,  §  1296. 

Instead  of  bail,  §§  129o-1297. 

Instead  of  bail,  application  of  to  fine,  §  1297. 

Instead  of  \ail,  forfeiture  of,  disposal  of,  §  1307. 

Instead  of  bail,  refunding  on  surrender  of  defendant,  §  1802. 

Instead   of  bail.     See   Bail. 

Officer  receiving,  in  insolvent  hank,  a  misdemeanor,  §  362. 

Refunded  on  demurrer  sustained,  when,  §  1009. 

Return  of  to  clerk,  where  defendant  discharged  or  held  to  answer, 

§  883. 
When  and  how  made,  §  129.'). 
When  forfeited,  how  disposed  of,  §  1307. 

DEPOSITION.     See  Perjury. 

Affidavit,  application  is  made  on,  §  1352. 
Affidavit  for.  what  to  state,  §  1352. 

Agent,  commission  returned  how,  when   delivered  to,  §  135S. 
Agent  unable  to  deliver,  proceedings  on,  §  1359. 
Annexing  copy  of  documents  to  commission,  §  1357. 
Application  for,  made  on  affidavit,  §  1352. 
Application  for,  made  to  whom,  §  1353. 
Application,  notice  of,  §  1353. 
Commission  defined,  §  1351. 
Commission  executed,  how,  §  1357. 
Commission  open  for  inspection,  §  1361. 
Commission,  order  for,  granted  when,  §  1354. 
Commission,  when  may  issue.  §§  1349,  1350. 
Commissioner,  duties  of,  §  1357. 
Commissioner,  proceedings  before,  §  1357. 
Copies  to  be  furnished, §  1362. 
Dead  or  insane  witness,  of,  §  686. 
Defect  in  or  want  of  title,  effect  of,  §  1401. 

Defendant,   when   has   right   to   have   taken   of   non-resident   wit- 
ness, §  1349. 
Evidence,  may  be  read  in,  when,  §  1362. 

Evidence,  what  objections  to  questions  may  be  taken,  §  1362. 
Execution  of  commission,  manner  of,  §  1357. 
Filing,  when  and  how  filed,  §  1360. 

Inspection,  commission  and  return  are  open  for,  §  1361. 
Interrogatories,   allowed   and   settled,   how,  §  1355. 
Interrogatories   and    cross-interrogatories,   service    of,  §  1355. 
.lury  may  not  take  witii  them  on  retirement,  §  1137. 
Mail,  return  of  by  and  duty  of  clerk,  §§  1357,  1360. 


INDEX. 


919 


DEPOSITION.     (Continued.) 

Making  of  when   deemed  complete,  within   perjury  statute,  §  12i. 

May  be  read,  when,  §  CS6. 

Non-resident  witness,  when  may  be  examined,  §§  1349,  1350. 

Notice  of  application  for,  §    1353. 

Of  prosecutor  and  witnesses  upon  information,  §  811. 

Order  for  commission  granted,  when,  §  1354. 

Order  for,  defendant  may  apply  for  when,  §  1350. 

Preliminary  examination,  at,  by  whom,  and  how  kept,  §  870. 

Preliminary  examination,  at,  examination   of   and   copying,  §  870. 

Preliminary  examination,  at,  how   authenticated,  §  869. 

Preliminary  examination,  at,  in  homicide,  §  869. 

Preliminary  examination,  at,  reading  of,  §  864. 

Preliminary  examination,  at,  transcribed  copy  as  evidence,  §  869. 

Preliminary  examination,  at,  transcribing,     certifying     and     filing, 

§  869.  ^ 
Preliminary  examination,  depositions   of   witnesses   Avlien   and   how 

taken  at,  §  869. 
Preliminary  examination,  filing  original   notes,  §  869. 
Preliminary  examination,  form  of  and  contents  of,  §  869. 
Preliminary  examination,   signing,   certifying   and   authenticating, 

§  869. 
Preliminary  examination,  at.     See   Preliminary   Examination. 
Prisoner,  of,  when  and  and  how  taken,  §  1346. 

Eeturned  how,  where  agent  to  whom  delivered  dead  or  ill,  §  1359. 
Returned   how,   where   commission   delivered  to  an  agent,  §§  1358 - 

1359. 
Eeturn  of  by  mail  and  dut_y  of  clerk,  §§  1357,  1360. 
Return  of  commission,  direction  as  to,  §§  1356,  1357. 
Eeturn  of  to  court  after  preliminary  examination,  §  883. 
Return  of  where  indictment  not  found,  §  941. 
Return  open  for  inspection,  §  1361. 
Seamen,  provision  as  to  desertion  of  repealed,  §  644. 
Search-warrant,  at  examination  for,  §§  1526,  1527,  1541. 
Sick  or  infirm  witness,  of,  on  hearing  in  aggravation  or  mitigation 

of  punishment,  §  1204. 
State,  examination  of  witness  residing  out  of,  when  mav  be  had, 

§§  1349,  1350. 
Stay  of  proceedings  ordered  when, §  1354. 
Subscription  to,  §  1357. 

Title,  defective  or  erroneous,  does  not  affect  validity,  §  1401. 
Title  not  necessary  to,  §  1401. 

To  be  delivered  to  magistrate  hearing  offense,  §§  826,  827,  828. 
Warrant  of  arrest,  depositions  of  prosecutor  and  witnesses  to  be 

taken,  §  811. 
Warrant    of    arrest,    depositions    of    witnesses,    what    to    contain, 

§  812. 
When  deemed  complete,  §  124. 

Witness   conditionally   examined,   reading   of   depositions   and   ob- 
jections to,  §  1345. 
Witness  unable  to  give  security  for  appearance,  admissibility  of 

deposition,  §  882. 
Witnesses,  of,  when  may  be  read,  §  686. 

DEPUTY. 

Appointment  of,  for  reward,  punishment  of,  §  74. 
Buying  appointment  to  office,  punishment  of.  §  73. 
Embezzlement,  when  guilty  of,  §  504. 
Salary,  retaining  part  of,  a  felony,  §  74a. 


920 


INDL'X. 


DESERTION". 

I'liiM,  of.      8.0   I'infiit  and  Lliild. 
Wile,  of.     See  Jlusbaml  aiul    Wife. 

DESTRUCTION. 

Of  ]iiil)lic   i-ocoicls,  imiiiisliMieiit   of,  §§  1];5,  114. 

DETAINER. 

Fiirciblf.   iiuiiisliniciit   of,  §  US. 

DICE. 

I'so  of  diec  having  inure  tlian  six  faces,  punishment  of,  §  330a. 

DIES. 

INIalviiig  or  iiossessing  for  coiuiterfeiting,  lumishinent  of,  §  480. 

DIGGING. 

On  land  of  another  a  misdemeanor,  wlien,  §  (302. 

DTrECTORS.     See  Corporations. 
I'risons,  of.     See  Prisons. 

DISCHARGE.     See  Dismissal. 

Acquittal,   verdict  of,  defendant   discliarged  when   and   wiien    not. 

§§  116.3,   1447,  1454. 
Defendant,  after  motion  in   arrest  of  judgment,  vvlien   discliarged 

and  when  not,  §  IISS. 
Defendant,  how  discharged,  §  S71. 

Defendant  not  arrested  on  warrant  from  proper  county,  of,  §  1116. 
Defendant,  not  charged  or  tried,  discharge  of,  §  1383. 
Defendant,  of,  on  acquittal,  or  judgment  of  fine  without  alterna- 
tive, §  1454. 
Defendant,  of,  on  payment  of  fine,  §  1457. 
Defendant,  of,  to  be  a  witness,  §§  1099-1101. 
Defendant,  on  habeas  corpus,  §§  1485,  1488. 
Defendant,   on   verdict   of   acquittal,   discharged   when    and   when 

not,  §§1165,  1447,  1454. 
Defendant   to  be  discharged  on  allowance  of  bail  and  giving  of 

undertaking,  §§  823,   1281,  1288. 
Defendant  to  be  discharged  on  bail  on  postponement,  §  862. 
Defendant  to  be  discharged  on  his  own  recognizance,  when,  §  1383. 
Defendant  to  be  discharged  on  making  deposit  in  place  of  bail, 

§  1295. 
Defendant,  when  action  dismissed,  §  1384. 

Defendant,  when  discharged,  §  871.  , 

Defendant,   when  judgment   reversed   and   new   trial   not   ordered, 

§  1262. 
Demurrer  sustained,  defendant  discharged  when,  §  1009. 
Extradition,  defendant  when  to  be  discharged,  §§  1555,  1556. 
Form  of,  §  871. 

Fugitive  from  justice,  when  to  be  discharged,  §  1555. 
Grand  jury,  of,  §  906. 

Habeas   corpus,   discharge   on,  §§  1485-1488. 
Jurisdiction,   defendant  to   be   discharged   where   jury   discharged 

because  court  without,  §  1113. 
Jurisdiction,  discharge  of  jury  where  court   has   no,  §§  1113-1115. 
Jurisdiction,  proceedings   if  jury  discharged  for  want   of,  where 

offense  committed  in  state,  §§  1115,  1116. 
Jurisdiction,   proceedings   if  juiy   discharged    for   want   of,    where 

offense  committed   out   of  state,  §  1114. 


INDEX.  921 

DISCHARGE.      (Continued.) 

July,  because  facts  not  an  offense,  proceedings  on,  ij  1117. 
Jury,  b}'  reason  of  accident,  §  1T41. 
Jury,  for  illness  of  juror,  §  IIHO. 
Jury,  in  certain  cases,  §1 113. 
Jury,  when  they  cannot  agree,  §  1140. 
Jury,  where  court  has  no  jurisdiction,  §§]  1 13-1115. 
.Jury,  where  facts  do  not  constitute  offense,  §  1113. 
Jury,  of.     See  Jury. 

Mondaj",  prisoners  to  be  dischargt  d  on,  §  28. 
Proceedings  where  jury  discharged  because  no  offense,  §  1117. 
Eeturn  of  warrant,  undertaking,  etc.,  to  clerk,  §  883. 
"Where   on   resubmission   of   charge,   no   indictment   or  information 
filed,  §  998. 

DISEASE.     See  Contagious  Disease. 

I  Animal  having,  to  be  killed,  §  4021-^. 

Contagious  and  infectious  disease  among  animals,  prevention  of, 
§§402b,  402d. 

Exposing  infected  animals,  §  402. 

Exposing  one's  self  or  another  while  having  contagious  or  infec- 
tious disease,  a  misdemeanor,  §  394. 

Glanders  or  farcy,  selling,  using  or  exposing  animal  with,  a  mis- 
demeanor, §  402. 

Maintaining  pest-house  or  hospital  for  persons  with  contagious  or 
infectious  diseases,  a  misdemeanor,  §  373. 

KemoA'ing  prisoners,  because  of  contagious,  §  1608. 

DISFRANCHISEMENT.     See   Disqualification. 

For  fighting  duel,  §  228. 

For  falsifying  accounts  or  embezzlement,  §§  424,  .514. 

Of  legislator,  for  receiving  bribe,  §  86. 

DISGRACE. 

Extortion  by  threat  of,  §519. 

DISGUISES. 

Wearing  for  certain  purposes,  forbidden,  §  185. 
Wearing  of,  punishment  of,  §  185. 

DISINFECTION.     See  Public  Health. 

DISINTERMENT.     See  Cemetery. 

DISMISSAL.     See  Discharge. 

Attorney-general    or    district    attorney,    power    to    iliscontinue    or 

abandon  prosecution,  §  1386. 
Bail,  effect  on,  §  1384. 

Bar  in  misdemeanor,  but  not  in  felony.  §  1387. 
Charge,  of,  by  grand  jury,  effect  of,  §  942. 
Charge,  of,  by  grand  jury,  indorsement  and  return  of  depositions, 

§941. 
Charge,  of,  by  grand  jury,  resubmission  of,  §  942. 
Court  may   order   on   its   own   motion,   when,  §  1385. 
Court  to  order,  when,  §  13S2. 
Discharge  of  defendant  on,  §  1384. 
Discharge  of  defendant  not  charged  or  tried,  §  1383. 
District  attorney,  authority  of,  in  regard  to,  §  1386. 
District  attorney,  on   application   of,  §  1385. 
Failure   to    bring    to    trial    within   sixty    days,  §  ]  382. 


922  iNDiix. 

DISMISSAL,      (roiitinued.) 

I'V'louy,   older  for.  not  a   bar,  §  1387. 

Grounds  for,  §  13S2. 

Iiulietnient    or    infonnaf inn,    failure    to    file    within    thirty    days, 

§  ]382. 
Indictment   or  information,  as  a  bar,  §  1008. 
Jndictmciit  or  information,  on,  not  an  acquittal.  §  1021. 
Juvenile  delinquents,  probationary  treatment  of,  §  1388. 
Misdemeanor,  order  for,  when  bar,  §  1387. 
Motion  of  court,  on,  §  1385. 
Nolle  prosequi  abolished,  §  1386. 

Prosecution,  want  of,  action  dismissed  for  when,  §  1382. 
Eeasons  of,  to  be  stated  in  order,  §  1385. 
Eesubmission  cannot  be  bad  without  order  of  court,  §  942. 
Kesubmission  may  be  directed,  §  942. 
When  ordered,  §  1382. 

DISORDERLY  CONDUCT, 

In   i;oneral,  a   misdemeanor,  §  415. 

Legislature,   in   presence   of,  a   misdemeanor,  §  82. 

DISORDERLY  HOUSE. 

Keeping,  a  misdemeanor,  §  316. 

DISQUALIFICATION.  \ 

For  falsifying  accounts  or  embezzlement,  §§  424,  514. 

From   holding   office   for   bringing   contraband   goods   into   prison, 

§  180a. 
Officer  convicted   of  crime,  §  98. 
Of  legislator  for  receiving  bribe,  §  86. 
Stenographer  paying  part  of  fees  to  judge,  §  94. 
To  hold  office  on  engaging  in  duel,  §  228. 

DISSECTION. 

Eemoval  of  body  for,  punishment  of,  §  291. 

DISTRICT  ATTORNEY. 

Absent,   court   to   appoint   substitute,  §  1130. 

Accusation   against,  proceedings  on,  §  771. 

Application  for  habeas  corpus,  services  of  on,  §  1475. 

Bail,  action  against,  where  defendant  does  not  appear,  §  1306. 

Bail,  notice  of  application  for  reduction    of,  §  1289. 

Bail,  notice  of  application  for  to   be  given  to  when,  §  1274. 

Coroner's  inquest,  has  right  to  be  present  at,  §  1520. 

Defending  or  aiding  defense  of  prosecution  formerly  instituted 
by  himself,   a   misdemeanor,  §  162. 

Dismissal,  authority  in  regard  to,  §  1386. 

Dismissal  of  action  on  application  of,  §  1385. 

Duty  of,  on  inquisition  of  insanity,  §  1222. 

Duty  of,  when  fugitive  arrested,  §  1554. 

Duty  or  where  notified  of  arrest  of  fugitive  from  justice,  §  1554. 

Duty  where  defendant  under  death  sentence  believed  to  be  in- 
sane, §§  1221-1244. 

Failure  to  attend,  court  may  appoint  substitute,  §  1130. 

Gaming,  duty  and  liability  in  regard  to,  §  335. 

Grand  jury,  functions  and  duties  of,  respecting,  §  925. 

Grand  jury  may  order  to  institute  suits  for  moneys  due  the 
county,  §  929. 

Grand  jury,  powers  and  duties  as  to.     See  Grand  Jury. 


INDEX.  923 

DISTRICT  ATTORNEY.      (CoutiuueiL) 

Grand  jury.     See  Grand  Jury. 

Indictment  or  information,  disclosing  fact  of,  a  misdemeanor, 
§168. 

Information,  duty  to  file,  §  809. 

Inquiry  into  record  of  defendant  and  cause  of  crime,  and  proceed- 
ings on.     See  Judgment. 

Nolle  prosequi  abolished,  §  1386. 

Notice  of  application  for  deposition  to  be  given  to,  §  1353. 

Notice  of  application   to   reduce   bail   to   be   served   on,  §  1289. 

Notice  to  of  application   for   pardon,  §§  1421,    1123. 

Notice  to  of  arrest   of  fugitive  from  justice,  §  1553. 

Nuisance,  public,  to  prosecute  actions  for  maintaining  or  per- 
mitting, §  373a. 

Power    to    discontinue    or   abandon    prosecution,  §  1386. 

Proceedings  bv,  where  defendant  under  judgment  of  death,  in- 
sane, §§1221-1224. 

Proceedings  H'or  recovery  of  property  offered  for  disposal  in 
lottery,  §  325. 

Removal  of,  proceedings  for,  §  771. 

Subpoenas,  may  sign  and  issue,  §  1326. 

To  file  information,  when,  §  809. 

To  prosecute  persons  making  false  dairy  tests,  §  381b. 

To  open  prosecution,  §  1093. 

Undertaking  to  keep  the  peace,  prosecution  of  by,  §§  712,   713. 

DISTRICT  FIRE-WARDEN.     See  Fire-warden. 

DISTRICT  OF  COLUMBIA. 

State  includes,  §  7. 

United  States  includes,  §  7. 

DISTURBING. 

Peace.     See  Disturbing  Peace;  Peace. 
Public  meeting,  a   misdemeanor,  §§  58,  403. 
Legislature,  §  82. 
Religious  meeting,  §  302. 

DISTURBING  PEACE.     See  Peace. 

By  loud  noise,  offensive  conduct,  or  language,  fighting,  etc.,  pun- 
ishment of,  §  415. 
Refusal  to  disperse,  a  misdemeanor,  §  416. 
Security  to  keep  peace,  §§  701-714. 

DITCHES. 

Screens  before  inlets  of,  provision  relating  to,  §  629. 

DIVORCE. 

Advertising  the  procuring  of,  a  misdemeanor,  §  159a. 

DOCK. 

Injuring  or  destroying,  a  misdemeanor,  §  607. 

DOCKAGE. 

Collecting  unlawfully,  a  misdemeanor,  §  642.  , 

DOCKING. 

Tails  of  horses.     See  Cruelty  to  Animals. 

DOCUMENT. 

Destroying,  punishment  of,  §  617. 
Fraudulent  issue  of,  §§  577-581. 


1)24  INDEX. 

DOCUMENT.      (Contiiiiicd.) 

I'liblic,   lovgiiij^j   stt'Jiliiig,    iniitiliitiiijii,    L'tc,    iiiiiii.sliiiicnt    of,  S§  lilt, 

114. 
Refusal  of  officer  to  surrender,  inuiislmieiit  of,  §  Td. 

DOG.     See  Game  Laws. 
Is  property, §  491. 
Larceny  of,  §  491. 
V'aUie,  how  ascertained,  §  49L 

DOLLY  VARDEN  TROUT.     See  Ojune  T>aws. 

DOUBT. 

Keasonable,     as  to  degree,  convicts  only  of  lowest,  §  1097. 
Reasonable,  defendant  entitled  to  acquittal,  §  1096. 

DOVES.     See  Game  Laws. 
Closed  season  for,  §  626a. 
Destruction  of  between  certain  months,  forbidden,  §  626a. 

DRAFT. 

Drawing  on  bank  with  knowledge  one  has  not  sufficient  funds 
or  credit  punishment  of,  §  476a. 

DRAINAGE. 

Pollution    of    stream    by,    a    misdemeanor,  §  374. 

DRAMAS.     See  Copyright. 

DRUGGISTS.     See  Drugs;  Poisons. 

Fraud  or  wrong  of,  punishment  of,  §  380. 
Omitting  to  label,  punishment  of,  §  380. 

DRUGS. 

Administering  to  commit  a  felony,  is  a  felony,  §  222. 

Administering  to  procure   abortion.     See   Abortion. 

Adulterated,  "Seemed  to  be,  when,  §  383. 

Adulterated,  mislabeled  or  misbranded,  as  to  prevent  manufacture, 
sale  or  transportation  of.     Appendix,  tit.  "Drugs." 

Adulterated  or  tainted,  keeping  or  selling,  a  misdemeanor,  §  383. 

Adulterated,  sale  of,  punishment  of,  §  383. 

Adulterating,   punishment   of,  §§  382,   383. 

Adulteration  of,  act  providing  against.  Appendix,  tit.  "Adultera- 
tion." 

Animals,  act  to  prevent  giving  of  drugs  to.  Appendix,  tit. 
"Animals." 

Assault  with  caustic  chemicals,  punishment  of,  §  244. 

Bringing  into  prison,  jail  or  reformatory  a  felony,  §  171a. 

Decayed,  sale  of,  punishment  of,  §  383. 

False  label,  punishment  for  putting  on,  §  380. 

Impure,  sale  of,  punishment  of,  §  383. 

Labeling  drugs  wrongfully,  punishment  of,  §  380. 

Manufacture,  sale,  or  transportation  of  adulterated,  mislabeled 
or  misbranded,  act  relating  to.  Appendix,  tit.  "Adultera- 
tion"; "Drugs." 

Meaning  of,  §  383. 

Poison,  mingling  with  medicine  or  food,  §  347. 

Poisons,  act  regulating  sales  of.     Appendix,  tit.  "Poisons." 

Rape  by  administering,  §  261. 

State  laboratory  for,  act  providing  for.  Appendix,  tit.  "Adultera- 
tion." 


INDEX.  925 

DRUGS.      (Contiuued.) 

Tainted  or  adulterated,  selling  or  keeping,  penalty  for,  §  383. 

Tainted,  sale  of,  punishment  of,  §  382. 

Traffic  in,  act  regulating.     Appendix,  tit.  "Drugs." 

DRUNKARD. 

Act   to   prevent   salj   of   liquor    to.     Appendix,   tit.    "Intoxicating 

Liquors." 
Common,  is  a  vagrant,  §  647. 
Sale  of  liquor  to,  a  misdemeanor,  §  397. 

DRUNKENNESS.     See  Intoxication. 
As  defense  to  crime,  §  22. 

DUCKS.     See  Game  Laws. 
Closed  season  for,  §  626. 
Possession  of  during  closed  season,  §  626. 

DUEL. 

Defined,  §  225. 

Disfranchised,  persons  acting  as  seconds  or  assisting  are,  §  228. 

Disfranchised,  persons  fighting,    are,  §  228. 

Disfranchised,  persons  sending  or  accepting  challenge  are,  §  228. 

Jurisdiction  of   offense   of   dueling,  §§  779,   780. 

Leaving  state  to  evade  statute  against  dueling,  jurisdiction,  §  780. 

Leaving  state  with  intent  to  evade  laws  against  dueling,  punish- 
ment of,  §  231. 

Office,  person  fighting,  disqualified  to  hold',  §  228. 

Officer  not  exerting  himself  to  prevent,  punishment  of,  §  230. 

Officer's  duty  to  prevent.  §  230. 

Out  of  state,  death  within,  jurisdiction,  §  779. 

Posting  for  not  fighting,  a  misdemeanor,  §  229. 

Publishing  for  not  fighting,  a  misdemeanor,  §  229. 

Punishment  for  fighting,  sending  or  accepting  challenge,  §§  226. 
227. 

Punishment,  when  death  ensues,  §  226. 

Eeproaching  for  not   fighting,   a   misdemeanor,  §  229. 

Witness   has   no   privilege   in    case   of,  §  232. 

Witness,  testimony  of  not  to  be  used  against,  §  232. 

DUPLICATE. 

Receipt  or  voucher  to  be  so  designated,  §  580. 

DURESS.     See  Extortion. 

As  affecting  criminal  liability,  §  26. 

Coercion   of   employee   not   to  become   member   of   labor   union,   a 

misdemeanor,  §  679. 
Crime   committed  by   married   woman  under,  §  26. 

DYNAMITE.     See  Explosive. 

Blasting  wood  with  during  dry  season.     See  Blasting. 


E 

EARTH. 

Carrying  away,  a   misdemeanor,  §  602. 

EDITOR. 

Libel,  liabilitv  for  ^  2?o. 


926  INDEX. 

EEL  RIVER. 

Act  to  it>j;uliito  saliiiou  (islieriob  in  Kel  Kivcr  coiitiiuicd  in  force, 
§2;!. 

EIGHT-HOUR  LAW.     See  Hours  of  Labor. 

roniix-llini;-  ward  or  apprentice  to  work  more  than  eight  iiDurs,  a 
inisdonieanor,  §  (5.11. 

EJECTMENT. 

lieturn   to  tai^e   possession  after  removal,  a   misdemeanor.  §  419. 

ELECTION. 

Separate  counts  in  indictment  or  information,  election  between, 
not   required,  §  954. 

ELECTIONS. 

Abetting  or  aiding  fraudulent  voting,  punishment,  §  47. 

Accessories  to  violation  of  laws  of,  punishment  of,  §  o2. 

Adding  to  or  subtracting  from  votes  cast,  punishment  of,  §  51. 

Aiding  and  abetting  offenses  against  election  laws,  punishment  of, 
§52. 

Ballot-boxes,  interfering  with,  or  carrying  away,  a  felony,  §  45. 

Ballots,  adding  to,  punishment  of,  §  48. 

Ballots,  carrying   away   or   destroying,   punishment   of,  §§  45,   57a. 

Ballots,  changing,    a   felony,  §  45. 

Ballots,  changing  by   election   officers,   punishment   of,  §§  48,   57a. 

Ballots,  false   printing  or   circulating,   a   misdemeanor,  §  62. 

Ballots,  fraudulent   introduction   of,   punishment,  §§  45,  48,   57a. 

Ballot,  fraudulently   examining  by   officer,   punishment,  §  49. 

Ballots,  interfering  with,   punishment,  §§  45,   57a. 

Ballots,  mixing,  §  48. 

Ballots,  officer  permitting  tampering  with,  punishment  of,  §  57a. 

Ballots,  officer  tampering  with,  punishment  of,  §  57a. 

Ballots,  tampering  with  a  felony,  §  45. 

Ballot,  unfolding  or   marking  by   inspectors,    punishment   of,  §  49. 

Betting  on,  a  misdemeanor,  §  60. 

Board  of  judges,  refusal  to  be  sworn  by,  or  answer  questions  of, 
punishment  of,  §  43. 

Board  of  registration,  refusal  to  obey  summons  of,  a  misdemeanor, 
§  44. 

Bribe,  receiving  by  member  of  nominating  convention,  punish- 
ment of,  §  57. 

Bribery  at,  punishment  of,  §§  54,  54a.  54b. 

Bribery  at,  what   acts   punishable,  §§  54a,   55b. 

Bribery,  members  of  convention,  etc.,  penalty  for  giving  or  re- 
ceiving bribe,  §  57. 

Bribery  of  members  of  nominating  body,  a  felony,  §  53. 

Bribery  of  members  of  nominating  convention,  punishment  of, 
§57. 

Candidate,  bribe  to  member  of  convention,  etc.,  punishment  for 
giving   or   receiving,  §  57. 

Candidate',  gifts  or  promises  by,  punishment,  §§  54,  54b,  55. 

Candidate,  offer  or  agreement  by  to  procure  office  for  another,  a 
misdemeanor,  §  55. 

Candidate,  pledge   to  convention   or   nominators,  §  55a. 

Candidate,  soliciting  vote   of,  punishment   of,  §§  55a. 

Candidates,  bribery    by,    what    constitutes,  §§  54,    54b. 

Candidates,  offenses  by,  enumerated,  §§  54,  54b. 

Candidates,  offenses  by,  punishment  of,  §  54,  54b. 

Candidates,  pledging  of,  punishment  of,  §§  55a,  56, 


INDEX.  927 

ELECTIONS.      (Continued.) 

Caucus,  receiving  bribe  by  member  of,  punishment  of,  §  57. 

Caucuses,  bribery  of  members,  punishment  of,  §  57. 

Circulars,  pamphlets,  letters,  etc.,  intended  to  injure  candidate, 
printing  or  distributing,  a  misdemeanor,  §§  62a,  62b. 

Communicating  unlawful  offer  to  voter,  a  misdemeanor,  §  56. 

Convention,  bribing  members,  punisnment  of,  §  57. 

Convention,  receiving  gift  in  connection  with  candidacy,  punish- 
ment of,  §  54a. 

Conventions,  receiving  bribe  by  member  of,  punishment  of,  §  57. 

Corporation,  intimidation   of  employee  by,  punishment   of,  §  59. 

Corrupting  electors,  a  felony,  §  53. 

Deceiving  electors,  a  felony,  §  53. 

Defrauding   electors,   a   felony,  §  53. 

Disturbing  public  meetings  of  electors,  a  misdemeanor,  §  59. 

Employer   coercing   or  influencing   employee,   punishment   of,  §  59. 

Employer,  coercion  or  influencing  of  employee,  forbidden,  §  59. 

Employer,  coercion   or  restraint   by,   what   acts   forbidden,  §  59. 

Entertainment,  furnishiug  for  election  purposes  a  misdemeano". 
§54. 

False  registration,  a  felony,  §  42. 

False  registration,  causing,  procuring  or  allowing,  a  felony,  §  42a. 

False  registration,  causing,  procuring  or  allowing,  punishment  of, 
§42a. 

False  registration,  punishment   of,  §  42. 

Forging  or  altering  returns,  punishment  of,  §  50. 

Furnishing   entertainment    for   electors,    a    misdemeanor,  §  54. 

Furnishing  money  for  electors,  a  misdemeanor,  §  54. 

Furnishing  property  for  electors,  a  misdemeanor,  §  54. 

Initiative.     See  Initiative. 

Inspectors,   unfolding   or   marking   tickets,    punishment    of,  §  49. 

Intimidating,  defrauding,  etc.,  electors,  a  felony,  §  53. 

Intimidation    of   employees   by   employer,   punishment,  §  59. 

Intimidation   of  voter,  punishment  of,  §  59. 

Intoxicating  liquors,  sale  of  on  election  day,  punishment  of,  §  63b 

Legislature,  bribery  of  candidate  for,  by  candidate  for  United 
States  Senate,  a  felony.  §  65^2- 

Legislature,  bribery  of  members  by  candidate  for  ITnited  States 
Senate,  a  felony,  §§  63,  63i^. 

Legislature,  candidate  or  member  accepting  money  from  candi- 
date for  United  States  Senate,  a  felony,  §  63^^. 

Legislature,  evidence  of  bribery  of  members  by  candidate  for 
United  States  Senate,  §  63^2- 

Letters  intended  to  injure  candidate,  writing,  a  misdemeanor. 
§§  62a,  62b. 

Marking  ballot  by   officer,  §  49. 

Meeting  of  electors,  preventing,  a  misdemeanor,  §  58. 

Money   for   election    purposes,   furnishing,   a    misdemeanor,  §  54. 

Money,  furnishing  for  election  purposes,  a  misdemeanor,  §  54. 

Money  or  thing  of  value,  receiving  or  contracting  for  for  vot- 
ing or  not  voting,  punishment,  §  54a. 

Money  or  valuable'  consideration  for  voting  or  not  voting,  pun- 
ishment  for   promising   or   contributing,  §  54b. 

Nomination,  receiving  gift  in  connection  with,  punishment  of. 
§  54a. 

Offer  to  voter,  communicating,  unlawful,  §  56. 

Office,  offering  to  procure  for  electors,  a  misdemeanor,  §  53. 

Officer,  acting  as  by  one  who  cannot  read  and  write  English 
language,    i)unishmenr,  §  49a. 


928  KNl)K.\ 

ELECTIONS.      (Coutiiuied.) 

Ollicer    acting    as    without    appoint  iiiciit    or    (jualilication,    punisli- 
meut,  §  4U. 

Officer,  acting  as  without   ajipuintinoiit,  or  qualification,  a  felony, 
§40. 

Officer  atteni]itini;   to    find    uanics   on   ballots,   punishment,  §  49. 

OITiccr  changing   ballots,   iiunishuient    of,  §  48. 

Officer  changing  or  destroying  poll-lists,  j)unishment  of,  §  4S. 

Officer  changing,   sulistitutiiig   or   introducing  ballots,   punishment 
of,  §  oTa. 

Officer  disclosing  nanic  of  person  illegally  voted,  punishment,  §49. 

Officer  disclosing  name   of  voter,  punishment  of,  §  49. 

Officer,  fraudulent  acts  of,  punishment  of,  §41. 

Officer,  neglect  or  refusal  to  act,  punishment  of,  §  41. 

Officer,  one  not  an  officer  acting  as,  guilty  of  felony,  §  40. 

Officer,  one   not  an  officer,  acting  as,  punishment,  §  40. 

Officer,  permitting  poll-lists  or  ballots  to  be  tampered  with,  pun- 
ishment  of,  §  57a. 

Officer,  refusing   to-  act,   punishment   of,  §  49a. 

Officer,  tampering  with   ballots,  punishment  of,  §§  49,  .57a. 

Officer,  tampering  with   poll-lists  or  ballots,  punishment  of,  §§  40. 
57a. 

Officer  unfolding  or  marking  ballots,  punishment  of,  §  49. 

Officers,  bribing,   deceiving,   defrauding  electors,   a   felony,  §  33. 

Officers,  interfering  with,  a  felony,  §  45. 

Officers,  violation  of  election  laws  by,  punisliment,  §  41. 

Pamphlets   intending   to    injure    candidate,    circulating,    a    misde- 
meanor, §§  62a,  62b. 

Persons  not   officers,  violating  election  laws,  punishment  of,  §  61. 

Pledge  of  or  by  candidate,  punishment  of  §§  55a,  56. 

Poll-lists,  carrying  away  or  destroying,  punishment  of,  §§  45,  48. 

Poll-lists,  interfering  with,  a  felony,  §  45. 

Poll-lists,  officers     permitting    tampering     with,     punishment     of, 
§  57a. 

Poll-lists,  officers   tampering  with,   punishment   of,  §  57a. 

Poster  intended  to   injure   candidate,  circulating,  a  misdemeanor. 
§§  02a,  62b. 

Primary,  bribing  members   of   convention,  punishment  of,  §  57. 

Primary,  code   sections   applicable   tO',  §  64^/^. 

Property,  furnishing  for  election  purposes,  a  misdemeanor,  §  54. 

Public   meeting,   preventing,   a   misdemeanor,   §  58. 
Punishment   for   acting   as    officer   by   one    who    cannot   read    and 
write   English,  §  49a. 

Punishment  for  adcling  to  or  subtracting  from  votes  cast,  §  51. 

Punishment  for  agreeing  or  offering  by  candidate  to  procure  office 
for  another,  §  55. 

Punishment  for  bribery  at,  §§  54,  54a,  54b. 

Punishment  for  bribery  of  member  of  convention,  §  57. 

Punishment  for  causing,  procuring  or    allowing   false    registration, 

§42a. 
Punishment  for  coercing,  influencing  or  restraining  voters,  §  59. 
Punishment  for  communicating  unlawful  offer  to  voter,  §  58. 
Punishment  for  disclosing  name  of  voter,  §  49. 
Punishment  for  false  registration,  §  42. 
Punishment  for  forging  or  counterfeiting  returns,  §  50. 
Punishment  for  fraudulent  acts  by  officers,  §  41. 
Punishment  for  fraudulent  voting,  §  40. 
Punishment  for  pledge  by  candidate,  §  55a. 
Punishment  for  pledging  candidate,  §§  55a,  5C. 


INDEX.  929 

ELECTIONS.      (Continued.) 

Puuishiiieut  for  procuring  illegal  votiug,  §  47. 

Punishment  for  receiving  bribe^  by  member  of  convention,  §  .17. 

Punishment  for  refusing  to  act  as  election  otficer,  §  49a. 

Punishment  for  substituting  forged  or  counterfeited  returns,  §  50. 

Punishment  for  tampering  with  ballots  or  poll-lists,  §  u7a. 

Punishment  for  unfolding  or  marking  ballots,  §  49. 

Punishment  for  violation  of  election  laws  by  officers,  §  41. 

Punishment  for  violation  of    election    laws  by    persons  not  officers, 
§61. 

Punishment  of  officer  changing  ballots,  §  48. 

Punishment  of  officer  changing  or  destroj'ing  poll-lists,  §  48. 

Punishment  of  one  acting  as  officer  without    appointment  or  quali- 
fication, §  40. 

Punishment  where  employer  coerces  or  influences  employee,  §  59. 

Recall     See  Eecall. 

Referendum.     See  Referendum. 

Refraining  to  vote  through  intimidation,  punishment  of  one  caus- 
ing, §  59. 

Refusal  to  be  sworn  by  or  to  answer  board  of  judges,  a  misde- 
meanor, §  43. 

Refusal  to  obev  summons  of  board  of  registration,  a  misdemeanor, 
§  44.  _  " 

Registration,    false,    permitting    or    procuring    another,    a    felonv, 
§  42a. 

Registration,   false,   permitting  or  procuring   by  anotlier,   [lunish- 
ment  of,  §  42a. 

Registration,  false,  punishment  of,  §  42. 

Registration,  fraudulent,  a  felony,  §  42. 

Returns,  adding  to  or  substracting  from,  punishment  of,  §  51. 

Returns,  alteration  of,  punishment  of,  §  51. 

Returns,  altering  by  election  officers,  punishment  of,  §§  45,  48. 

Returns,  detaining,  mutilating  or  destroying,  a  felony,  §  45. 

Returns,  forging,  counterfeiting  or  altering,  punishment  of.  §§  45, 
50. 

Returns,  substituting  forged  or  counterfeited  returns,  punishment 
of,  §  50. 

Senator,  advancing  money  by  candidate  for  United  States  Senate, 
punishment  of,  §§  63,  63^. 

Summons  of  board  of  registration,  refusal  to  obey,  a  misdemeanor, 
§  44. 

Ticket,  printing  illegal,  a  misdemeanor,  §  62. 

Tickets,  circulating  such  as  do  not  conform  to  law,  a  misdemeanor, 
§62. 

Tickets,  violation  of  election  laws  as  to,  a  misdemeanor,  §  62. 

Violation  of  election  laws  by  persons  not  officers,  punishment  of, 
§61. 

Vote,  attempt  to,  without  being  qualified,  punishment  of,  §  46. 

Voters,  bribery  of,  punishment  of,  §§  54a,  54b. 

Voters,  coercion  or  influence  of,  punishment  of,  §  59. 
'    Voters,  coercion  or  influence  of,  what  acts  forbidden,  §  59. 

Voters,  employer  coercing  or  influencing,  punishment  of,  §  59. 

Voters,  employer  what  acts  on  part  of  to  coerce  or  influence  em- 
ployee forbidden,  §  59: 

Voters,  force,   violence   or   restraint   to   influence,   what   acts   for- 
bidden, §  59. 

Voters,   force,   violence    or   restraint,   using    to    influence,   punish- 
ment of,  §  59. 
Pen.  Code — 59 


930  INDEX. 

ELECTIONS.      (Continued.) 

\'(it(Ms,  gifts  or  [jroniisfs  to,  iniiiisliiMont  for  iiial\iii^,  §  "ll) 

Voters,  interfering  with,  a  felony,  §  4.j. 

Voters,  intimidating,  corrupting,  deceiving  or  defrauding,  a  feloiiv, 

§53.  • 

Voters,  offenses  by,  enumerated,  §§  54a,  54b. 
Voters,  offenses  by,  punisliment  of,  §§  54a,  54b. 
Votes,  adding  to  or  subtracting  from,  punishment  of,  §  51. 
Voting,  fraudulent,  a  felony,  §  45. 
Voting,  fraudulent  attempt,  punishment  of,  §  4l). 
Voting  more  than  once,  a  felony,  §  4"). 
Voting  more  tlian  onfe,  punishment,  §  4(i. 
Voting,  personating  voter,  punishment  of,  S  ■!''. 
Voting,  persuading  another  to   vote,  fraudulently,   punishment  of 

§47. 
Voting,  procuring  illegal,  luuiishment  of,  §  47. 
Voting,  receiving  gift  in  connection  witli,  punishment,  §  54a. 
Witness  in   election   case,  incriminating  testimony  of,  cannot  be 

used  against,  §  64. 
Witness  in  election  case  has  no  privilege,  §  64. 
Witness  in  election  case,  no  prosecution  against,  §  64. 

ELECTOR.     See  Elections. 

ELECTRICITY. 

Larceny  of,  a  misdemeanor,  §  49na. 

ELECTRIC  LINES. 

Or  ai)i)aratus,   malicious   injury    to   or  interferences   with,  punish- 
ment of,  §  593. 

ELECTRIC   METER. 

Interfering  with,  a  misdemeanor,  §§  498,  499a. 

ELK.     See  Game  Laws. 

Killing  of,  a  felony,  §  599f. 

Killing  or  possessing,  a  misdemeanor,  §  626e. 

Punishment  for  killing  of,  §§  599f,  626e. 

EMBANKMENTS. 

Injuring  or  destroying,  a  misdemeanor,  §  6U7. 

EMBEZZLEMENT. 

Acts  amounting  to,  by  public  oflficer,  §  424. 

Administrator,  when  guilty  of,  §  506. 

Agent,  when  guilty  of,  §§  504,  506,  508. 

Allegations  of  embezzlement  of  money,  bank  notes,   certificates, 

etc.,  sustained  when,  §  1131. 
Appropriation  openly  under  claim  of  right  as  a  defense,  §  512. 
Assignee  in  trust,  when  guilty  of,  §  506. 
Association,  oflficer  of,  when  guilty  of,  §  504. 
Attorney,  when  guilty  of,  §  506. 
Bailee,  when  guilty  of,  §  507. 
Banker,  when  guilty  of,  §  506. 

Bringing  embezzled  property  into  state,  punishment  of,  §  497. 
Bringing  stolen  property  within  state,  jurisdiction  of,  §  27. 
Broker,  when  guilty  of,  §  506. 
Carrier  commits,  when,  §  505. 
Claim  of  title  as  a  defense,  §  511. 
Clerk,  servant  or  agent  of  oflficer,  when  guilty  of,  §  504. 


INDEX.  931 

EMBEZZLEMENT.      (Continued.) 
Clerk,  when  guilty  of,  §  508. 
Collector,  when  guilty  of,  §  oOG. 

Corporation,  ofJicer,  employee  or  agent  of,  when  guilty  of,  §  50A. 
County  treasurer,  delivery  of  unclaimed  property  to,  §  1411. 
Custody  of  the  property  by  peace  ofttcer,  duty  of  officer,  §  1107. 
Defined,  §  503. 

Delivery  of  the  property  to  owner,  §§  1408-1410. 
Deputy  of  officer,  when  guilty  of,  §  504. 
Distinct  act  of  taking  not  necessary,  §  509. 

Embezzled  property,  court   in  which  trial  had  may  order  its  de- 
livery when,  §  1410. 
Embezzled    property,    delivery    to    county    treasurer    where    not 

claimed,  sale  by  and  disposition  of  proceeds,  §  1411. 
Embezzled    pro])erty,   magistrate   in    possession    of,    to   deliver    to 

owner  on  paying  expenses,  §  1408. 
Embezzled  property,  magistrate  may  order  delivery  to  owner  on 

paying  expenses,  §  1408. 
Embezzled  property,  officer  holds  subject  to  order  of  magistrate, 

§  1407. 
Embezzled   propertv,   receijits   for   where    taken    from    defendant 

§  1412. 
Embezzled  property,  record  of  propertv  alleged  to  be  stolen  and 

duty  of  clerk,  §  1413. 
Evidence  of  debt  or  right  of  action,  value  of,  §  514. 
Evidence  of  debt  undelivered,  subject  of,  §  510. 
Evidence  to  prove,  what  sufficient,  §  1131. 
Executor,  when  guilty  of,  §  506. 
Indictment   or    information    for    embezzlement   of    money,   bank 

notes,  etc.,  §  967. 
Intent  to  restore,  no  defense,  §  512. 

Jurisdiction  when  committed  out  of  state,  goods  brought  in,  §  78;». 
Jurisdiction    when    property    brought    into    county,    from    another 

county,  §  786. 
Limitation,  no,  on  embezzlement  of  public  moneys,  §  799. 
Limitation  of  action  generally,  §  800. 
Lodger,  wdien  guilty  of,  §  507. 
Merchant,  when  guilty  of,  §  506. 

Officer,  appropriation  of  money  by,  punishment,  §  424. 
Officer,  deputy,  clerk  or  servant  of,  when  guilty  of,  §  504. 
Officer,  guilty  of,  w^hen,  §  504. 

Officer  loaning  or  making  profit  out  of  monej-,  punishment,  §  424. 
Officer  neglecting  to  pay  over  public  money,  a  felony,  §  425. 
Property  and  money  taken  from  prisoner,  receipt  therefor,  §  141k:. 
Public  funds,  of,  a  felony,  §§  421,  514, 
Public  moneys,  no  limitation  in  case  of,  §  799. 
Public  money,  no  limitation  of  action  for,  §  799. 
Public  money,  what  includes,  §  426. 
Punishment  for  embezzlement  of  public  funds,  §  514. 
Punishment  of,  §  514. 

Record  of  property  alleged  to  be  stolen,  §  1413. 
Restoration  as  a  ground  for  mitigation,  §  513. 
Restoration  before  information  laid,  effect  of,  §  513. 
Restoration  of  property,  effect  of,  §  513. 
Restore,  intent  to,  no  defense,  §  512. 
Search-warrant,  in  case  of,  §  1524. 
Servant,  when  guilty  of,  §§  504,  508. 
Society,  by  officer  of,  §  504, 


932  INDEX. 

EMBEZZLEMENT.      (Contimit.l.) 

Stolrii  pr()[n'rl,s ,  bringing  into  state,  §  789. 

Stolt'u  propi'i'tj,  bringing  into  state,  puuislinient  of.  SS  -',  -li'". 

Stolen  i^roporty,  iiow  disposed  of,  §  l.joli. 

Taking,  distinct  act  of,  not  necessary,  §  .jUS). 

Tenant,  when  guilty  of,  §  Hd?. 

Title,  claim  of,  a  defense,  §  oil. 

Trustee,  wlien  guilty  of,  S  oOG. 

Various  i)ersons,  by,  §§  .jU(d-.jOS. 

What  amounts  to,  §  504. 

Written  instrument  not  delivered  of,  §511). 

EMBRACERY. 

Punishnient  of,  §§  92,    95. 

EMIGRATION. 

Act  to  promote.     Appendix,  tit.  "Emigration." 
Refusal   to  sell   passage   tickets   for  foreign   country,   punishment 
of.     Appendix,  tit.  "Emigration." 

EMPLOYEE. 

Coercing  not  to  join  labor  organization,  a  misdemeanor,  §  079. 

Paying  in  saloon,  a  misdemeanor,  §  680. 

Refusing  to  give  names  to  license  or  tax-collector,  a  misdemeanor, 

§  434. 
Tax-collector,  refusing  to  give  name  to,  a   misdemeanor,  §  4.14. 

EMPLOYERS.     See  Master  and  Servant. 

ENCEINTE. 

J'roceedings  when  convict  is,  §§  1225,  1226. 

ENCLOSURES.     See  Inclosures. 

ENGINE. 

Mismanagement  of,  punishinent  of,  §§  348,  349,  368. 
Using  without  spark-arresters,  a  misdemeanor,  when,  §  384. 

ENGINEER. 

Intoxication  of,  a  misdemeanor,  §  391. 

Omitting   to   ring   or   sound    whistle   at   crossing,   a    misdemeanor, 

§  390. 
Violation  of  duty  by,  a  misdemeanor,  §  393. 

ENGINEERING,  DEPARTMENT  OF.     See  Highways. 

ENGLISH  LANGUAGE. 

Acting  as  election  officer  by  one  who  cannot  read  and  write,  a 

misdemeanor,  §  49a. 
Desertion  of  seamen,  provision  as  to  enticement  of  repealed,  §  644. 

ENTICING. 

Enticing  away  for  extortion  or  robbery,  punishment  of,  §  209. 

ENTRY. 

Judgment  on  conviction,  entry  of,  §  1207. 

ERROR. 

Immaterial,  effect  of,  §  1404. 

Immaterial   unless   it   prejudices   in   substantial  right,  !}  1404. 
In  form  does  not  affect  indictment  or  information,  §  960: 
Not  affecting  substantial  rights  does  not  affect,  §  960. 


iNDiix.  933 

ESCAPE. 

Arrest  of  one  making,  §  8.34. 
-Vssistiiig,  puuishment  of,  §§  lOS,   1(19. 
.    Attempt   to  escape  from  otlier  than  state  prison,  a  misdemeanor, 
§107. 
Attempt  to  escape,  im[)risonment  for,  commences  when,  §  100. 
Attempt  to,  from  state  prison,  a  felony,  §  106. 
Breaking  doors,  etc.,  to  retake,  right  as  to,  §  855. 
Carrying  into  prison  things  to  aid  in,  punishment  of,  §  110. 
Costs  of  trial  for,  how  paid,  §  111. 

Costs  of  trial  of  escaped  convicts.     Appendix,  tit.  "Costs." 
Disguise  or  mask,  wearing  to  aid  escape,  a  misdemeanor,  §  185. 
Effect  of  attempt  on  credits  of  prisoner,  §  1590. 
Governor  may  offer  reward,  §  1547. 
Homicide  in  retaking  justifiable,  §  196. 

Insurrection,  assisting  escape  during,  punishment  of,  §  411. 
Jurisdiction  of,  §  787. 

Officers  aiding  or  suffering,  punishment  of,  §  108. 
Person   escaping   may   be   pursued   and   retaken   at   any   time   and 

place,  §  854. 
Prison  other  than  state,  from,  a  misdemeanor,  §  107. 
Punishment  of  prisoner  escaping  from  state  prison,  §  105. 
Kefusing  to  aid  in  retaking,  punishment  of,  §  150. 
Rescue.     See  Rescue. 

Rescue  of  prisoners,  punishment  of,  §  101. 
State  prison,  from,  puuishment  of,  §  105. 
State  i^rison,  punishment  for  when  commences,  §  105. 

ESTATES  OF  DECEDENTS. 

Appraiser  accepting  fee  not  allowed,  a  misdemeanor,  §  653i/^. 

ETHER.     See  Drugs;  Narcotics. 

EVIDENCE.     See  Deposition;  Witness. 
Abortion,  of,  §  1108. 

Accomplice,  corroboration  of,  necesasry  to  conviction,  §  1111. 
Accomplice,  corroboration  of,  sufficiency  of  evidence,  §  1111. 
Acquit,  advising  jury  to,  §  1118. 
Bigamy,  of,  §  1106. 

Burden  of  proof,  shifting  in  homicide,  §  1105. 
Challenge  of  juror,  rules  of,  on  trial  of,  §  1082. 
Common  repute  of  house  of  ill-fame,  §  315. 
Competency  of  husband  and  wife  as  witnesses  in  criminal  actions, 

1322. 
Concealing,  a  misdemeanor,  §  135. 
Conspiracy,  to  prove,  §  1104. 
Copy  of  evidence  before   grand  jury  to  be  served  on  defendant, 

§  988. 
Corroboration  of  accomplice,  §  1111. 
Counterfeiting,  of,  §  1107. 
Debt,  evidence  of.     See  Evidence  of  Debt. 
Depositions,  reading  in,  §  1362.     See  Depositions. 
Destroying,  a  misdemeanor,  §  135. 
Embezzlement,  of,  §  1131. 
Extradition  proceedings,  in,  §  1550. 
False,  offering,  a  felony,  §  132. 
False,  preparing,  a  felony,  §  134. 
False  pretenses,  of,  §1110. 
Falsifying,  a  felony,  §  132. 


934  INDEX. 

EVIDENCE.      (Continued.) 

J'\)i<;ciy  of  hank  notes,  §  II117. 

l''r;niiiiil('iitlv.  altcMi'tl,  olTfiin^,  ;i   fclonv,  §  \'.'>'2. 

( ir;i  11(1  jury,"  bcfoic,  §§  01<)-<)li;:. 

IIiisli;iM(l  and  wif'o,  i-oin]i('toiic\-  of  ;is  witnesson  in  friinin.'ii  ac- 
tions, §]  822. 

.ludicial  notice  of  iiri\ate  statute,  §  9Pi'A. 

Larceny,  of,  §  il'.U. 

Lottery   ticket,  selling,  §  1 100. 

Newly  discovered.     See  New  Trial. 

New  trial,  all  testimony  to  be  produced  anew  on,  §11*^0. 

Order  of  introducing,  §  1093. 

Particular  offense,  in.     See  particular  title 

Perjury,  of,  §  1103a. 

Plea  of  not  guilty,  evidence  admissible  under,  §  1020. 

Presumptiou  of  innocence,  §  1096. 

Privileged  communications.     See  Privileged  Communications. 

Prostitution,  taking  away  minor  for,  §  1108. 

Reasonable  doubt  as  to  degree  convicts  only  of  lowest,  §  1097. 

Reasonable  doubt,  defendant  entitled  to  acquittal,  §  1096. 

Receiving  out  of  court,  new  trial  for,  §  1181. 

Reputation  as  evidence  of  character  of  house  of  ])rostitution, 
§  315. 

Rules  of,  same  as  in  civil  cases,  §  1102. 

Seduction,  of,  §  1108. 

State's,  §§  1099-1101. 

Treason,  of,  §  1103. 

Variance.     See  Variance.  , 

Verdict  contrary  to,  new  trial  for,  §  1181. 

Witness's  testimony  may  be  read  against  him  on  prosecution  for 
perjury,  §  14. 

EVIDENCE  OF  DEBT. 

Penalty  for  officers  purchasing,  §  71. 
Personal  property  includes,  §  7. 
Purchase  of,  by  attorney,  a  misdemeanor,  §  161. 
Subject  of  embezzlement,  §  510. 

EXAMINATION  OF  CHARGE.     See  Preliminary  Examination. 

Allowance  of  demurrer,  examination  before  magistrate  after, 
§  1008, 

EXAMINEES,  STATE  BOARD  OF. 

]\rember,  violating  laws,  guilty  of  felony,  §  441. 

EXCEPTION. 

Challenge  of  juror,  to,  §  1077. 

Challenge  to  panel,  to,  §§  1061,  1062. 

Deposition,  to,  §  1345. 

Instructions,  how  presented  for  review,  §  1176. 

Instructions,  judge  to  indorse  action  upon,  §§  1127,  1176. 

Instructions  need  not  be  embodied  in  bill  of  exceptions,  §  1176. 

Instructions  with  indorsement  of  judge  become  part  of  record, 
§§1127,  1176. 

Instructions,  written  need  not  be  excepted  to,  §11/6. 

Transcript  to  contain  bill  of,  §  1246. 

What  questions  may  be  reviewed  on  appeal  although  no  excep- 
tion  taken,  §  1259. 


INDEX.  935 

EXCHANGE. 

Coal,   misrepresentation   iu   sale   or   exchange   of,   a   misdemeanor, 
§  556. 

EXECUTION. 

Aflirmod  judgment,  of,  §  1263. 

Authority  for,  of  judgment  other  than  of  death,  §  1213. 

Certified  copy  of  judgment  suflfieient  authority  to  officer  to   exe- 
cute judgment,  §  1213. 

Certified  copy  of  judgment  to  be  given  officer  executing  judgment, 
§1213. 

Death,  judgment  of,  how  executed,  §§  1217,  1228,  1229. 

Death,  judgment  of  not  executed,  proceedings  to  enforce,  §  1227. 

Death,  judgment  of,  transmission  of  papers  to  governor,  §  1218. 

Death,  punishment  by,  return  upon  death-warrant,  §  1230. 

Death,  punishment  by,  where  to  take  place.  §  1229. 

Death,  punishment  by,  who  to  be  present,  §  1229. 

Death,  sentence  of  judgment,  who  only  can  suspend,  §  1220. 

Death,  unexecuted  sentence  of,  carrying  into  effect,  §  1227. 

Death,  unexecuted  sentence  of,  no  appeal  lies  from  order  setting 
day  for  execution  of,  §  1227. 

Death,  warrant  and  execution  upon  judgment  f  or,  §  1217. 

Delivery  of  defendant  to  warden  of  prison,  under  judgment  for 
imprisonment,  §  1216. 

Fine   and   imprisonnient,   judgment   bv  whom   and   how    executed, 
§1215. 

Fine,  execution  issued  on  as  in  civil  ease,  §  1214. 

Governor    may   require    opinion    of   justices   and   attorney-general 
as  to  judgment  of  death,  §  1219. 

Imprisonment    in    state's    prisons,    judgment    of,    how    executed, 
§  1216. 

Imprisonment,  judgment  of,  how  executed,  §§  1215,  1455. 

Insane  defendant,  of,  on  recovery  of  reason,  §  1224. 

Insane  defendant,  suspending  execution,  §  1224. 

Insanity  of  defendant,  proceedings  in  case  of,  §§  1221-1224. 
/         Insanity  of  defendant,  proceedings  to  determine,  §§  1221-1224. 

Judgment  for  fine,  may  issue  on,  §  1214. 

Judgment  other  than  for  death,  how  executed,  §  1213. 

Justice's    or    police    judge's    judgment    of    fine    or    imprisonment, 
§  1456. 

Justice's  or  police  judge's  judgment  of  imprisonment,  of,  §  1455. 

Levy  without  process,  a  misdemeanor,  §  146. 

Pregnancv  of  female  sentenced  to  death,  proceedings  in  case  of, 
§§  1225,  1226. 

Pregnancy   of   female   sentenced   to   death,   proceedings   to   deter- 
mine, §§  1225,  1226. 

Prison,  delivery  of  defendant  to  warden  of,  §  1216. 

Procuring  by  perjury,  punishable  by  death,  §  128. 

Keturning  to  take  possession  after  dispossession  by  process  a  mis- 
demeanor, §  419. 

Seizing  property  without  authority  a  misdemeanor,  §  146. 

Suspension  of,  power  of,  where  judgment  of  death,  §  1220. 

Transmission  of  statement  and  testimony  of  governor,  in  case  of 
death  sentence, §  1218. 

EXECUTIVE. 

Crimes   against,  §§  65-77. 

<^rime  against  federal   officer.     Appendix,  tit.  "Conspiracy." 


!K}(!  INDEX. 

EXECUTIVE  SECRETARY. 

I'liiiic  against,  a    fi'lciny.      .\  |i|>('iidi.\.  tit.  "(Jon.s|)iracy." 

EXECUTOR.  ' 

Kiiilicz/.lfJiicnt,  wlicii  guilty  ol,  §  .j()I). 

EXEMPTION, 

Coroner's  .Jury,  from,  §  l.jlO. 

False   certificate   of,   issuing   by   fire   department,   a    misclemeanor, 

§  649. 
.Tiiry  duty,  from,  uot  a  ground  of  challenge  but  a  privilege,  §  1075. 

EXHIBITION. 

J)eformity  of  person,  of,  a  misdemeanor,  §  400. 

Procuring  another  to  make  indecent  e.xhibition  of  his  person, 
punishment  of,  §  Hll. 

EXONERATION. 

J'.ail,   by   deposit,  §  1296. 

EXPECTORATION. 

Is  a   misdemeanor,  §  372a. 

EXPERT. 

For  a  grand  jury.     See  Grand  Jury. 

EXPERT  EVIDENCE.     See  Witnesses. 
Forgery,  at  trial  of,  §  1107. 

EXPLOSION. 

Negligence  causing  death  from,  punishment  of,  §  368. 
Steam-boilers,  mismanagement  of,  causing,  a  felony,  §§  348,  349. 

EXPLOSIVE. 

Act  to  protect  life  and  property  against  careless  use  of.  Ap- 
pendix, tit.  "Explosives." 

Blasting  wood  during  dry  season.     See  Blasting. 

Bringing  into  prison,  jail  or  reformatory  a  felony,  §  171a. 

Malicious  use  of  dynamite  or  other  explosive  a  misdemeanor,  §  601. 

Dynamite,  protection  of  life  and  property  from  use  of.  Appen- 
dix, tit.  "Explosives." 

Endangering  or  injuring  persons  or  property  by,  a  felony,  §  601. 

Endangering  or  injuring  persons  or  property  by,  punishment,  §  601. 

Fishing,  using  in,   punishment  for,  §  635. 

Gunpowder,  making  or  keeping  in  or  carrying  through  city,  a 
misdemeanor,  §  375. 

Keeping  or  carrying  in  city,  a  misdemeanor,  §  375. 

Making  in  city,  a  misdemeanor,  §  375. 

Malicious  injury  to  building  by,  a  felony,  §  601. 

Nitroglycerine,  making  or  keeping  in  or  carrying  through  city, 
a  misdemeanor,  §  375. 

Railroad  track,  putting  on,  a  felony,  §  218. 

Record  of  sales,  failure   to   keep   a   misdemeanor,  §  375a. 

Record  of  sales,  failure  to  keep,  cumulative  penalties,  §  375a. 

Record  of  sales,  how  and  where  to  be  kept,  §  375a. 

Record  of  sales  to   be  kept,  §  375a. 

EXPOSURE.     See  Indecent  Exposure. 

EXPRESS  COMPANY. 

Fish,  regulations  governing  transportation  and  punishment  for 
violating,  §  632a. 


INDEX.  937 

EXPRESS  COMPANY.      ((Joutinucd.) 

Game,   transportation    of,   regulations   governing   and   punishment 

for  violating,  §  627b. 
Game,  transportation  of  out  of  state  a  misdemeanor,  when,  §  627a. 
Game,  transporting  out   of  state   without  permit   a  misdemeanor, 
§  627a. 

EXPRESS  MALICE. 

In  homicide,  §  188. 

EXTORTION. 

By  offer  to  prevent  libel,  a  misdemeanor,  §  257. 

Defined,  §  518. 

Fear,  what  threats  may  induce,  §  519. 

Judge  receiving  part  of  fees  allowed  stenographer,  a  misdemeanor, 
§94. 

Judicial  officer  asking  or  receiving  emolument  or  reward,  a  mis- 
demeanor, §  94. 

Judicial  officer,  by,  punishment  of,  §  94. 

Kidnaping,  by  means  of,  punishment  of,  §  209. 

Letter,  sending  complete  when,  §  660. 

Letters,  threatening,  punishment   of,  §§  523,  650. 

Officer,  by,  punishment  of,  §  70. 

Officer  receiving  part  of  salary  or  wages  of  clerk  or  subordinate, 
a  felony,  §  74a. 

Punishment  of,  generally,  §  520. 

Punishment  of,    when  committed  under  official  color,  §  521. 

Kailroad  officers,  overcharges  by,  punishment  of,  §  525. 

Signature  procured  by  threats,  punishment  of,  §  522. 

Threatening  letters,  sending,  punishment  of,  §  523. 

Threats,  verbal,  attempting  to  extort  by,  punishment  of,  §  524. 

Threats,  what  may  constitute,  §  519. 

EXTRADITION. 

Arrest  and  commitment,  proceedings  for,  §  1550. 

Bail,  admission  to,  §  1552. 

Bail,  discharge  or  cancellation  of  in  superior  court,  §  1556. 

Bail,  readmission  to,  in  superior  court,  §  1556. 

Bail,  to  be  discharged  from,  when,  §  1555. 

Committed,  fugitive  to  be,  when  and  for  what  time,  §  1551. 

Commitment  of  fugitive,  proceedings  for,  §  1551. 

Detention,  further,  superior  court  may  order,  §  1556. 

Discharge  of  fugitive,  when  to  be  granted,  §§  1555,  1556. 

Discharge  when  granted  in  superior  court,  §  1556. 

District  attorney,  duty  of,  on  notice  to  of  arrest,  §  1554. 

Evidence,  what  admissible,  §  1550. 

Exemplified  copy  of  proceedings  admissible,  §  1550. 

Expenses  in  bringing  back  fugitive,  account  of,  how  audited  and 

paid,  §  1557. 
Expenses,  of  bringing  back  a  county  charge  if  fugitive  not  placed 

on  trial,  §  1557. 
Fee  or  reward,  officer  not  to  receive,  §  1558. 
Fee,  receiving,  for  arresting  fugitive,  a  misdemeanor,  §  144. 
Fugitives  from  another  state  to  be  delivered  up,  when,  §  1548. 
Fugitives  from  justice.     See  Fugitives  from  .Justice. 
Fugitives  from  this  state,  expenses  of  extradition,  §  1557. 
Notice  of  arrest  to  authorities  of  other   state,  §  1554. 
Notice  of  arrest  to  district  attorney,  §  1553. 
Proceedings  in  superior  court  on  return  by  magistrate,  §  1556. 


938  INDKX. 

EXTRADITION.      (Continued.) 

K'otuni  of  iirocoeilings  to  suijcrior  court,  §  155(i. 

Keward  or  fee  for  sei vices  in  procuring  surrender  of  fugitive  from 

this  state,  not  to  be  paid,  §  1558. 
Superior    court,    return    of    proceedings    to,    and    proceedings    in, 

§  1556. 
Warrant,  magistrate  may  issue  for  arrest  of  fugitive  in  this  state, 

§  1549. 


FACT. 

Issue  of,  arises  when,  §  1041. 

Issues  of  arise  on  picas  of  not  guilty,  once  in  jeopardy,  and  former 

conviction  or  acquittal,  §  1041. 
Issues  of,  how  tried,  §  1042. 
Jury  to  decide  questions  of,  §  1126. 
Libel,  jury  decides  both  law  and  fact  in,  §§  251,  1125. 

FACTOR. 

False  statement  by,  punishment  of,  §  536. 

Statement  of  sales^  duty  to  make,  §  536a. 

Statement  of  sales,  punishment' for  failure  to  make,  §  536a. 

Statement  of  sales,  what  sufficient,  §  536a. 

FACTORIES.     See  Manufactures. 

FALSE  ARREST. 

A  misdemeanor,  §  146. 

FALSE  BAY. 

Act  to  prevent  taking  of  fish  by  means  of  weirs,  dams,  nets,  traps, 
or  seines  in.     Appendix,  tit.  "Fish." 

FALSE  CERTIFICATE. 

By  officer,  issuance  of,  a  misdemeanor,  §  167. 

FALSE  IMPRISONMENT. 

Defined,  §  236. 
Punishment  of,  §  237. 

FALSE  PERSONATION. 

In  becoming  bail,  punishment  of,  §  529. 

In  making  acknowledgments,  punishment   of,  §  529. 

Evidence  necessary  to  conviction,  §  1110. 

Instances   of,  §  529. 

Marriage  under,  a  felony,  §§  528,  1110. 

Money,  obtaining  under  false  pretenses,  punishment  of,  §  532. 

Money,  receiving  under  false  character,  punishment  of,  §  530. 

Obtaining  telegraph  or  telephone  message  by,  punishment  of,  §  621. 

Property,  receiving  under  false  character,  §  530. 

Punishment  of,  §  529. 

Receiving  money  or  property  through,  punishment  of,  §  530. 

Surety,  becoming  under,  punishment  of,  §  529. 

To  accomplish  lewd  purpose,  a  misdemeanor,  §  650i/^. 

What  acts  constitute,  §,529. 

FALSE   PRETENSE,     See   False  Personation. 
As  to  birth  of  child,  punishment  of,  §  156. 

Certificate   of   registration    of   stock,   obtaining  by   fraud,   a   mis- 
demeanor, §  537a. 


INDEX.  939 

FALSE  PRETENSE.      (Continued.) 

Conspiracy  to  obtain  property  under,  punishment  of,  §  182. 

Defrauding  innkeeper,  lodging-liouse  keeper,  or  boarding-house 
keeper  by  means  of,  a  misdemeanor,  §  537. 

Evidence  of,  §  1110. 

False  registration  of  aninial,  obtaining  by,  a  misdemeanor,  §  oSlYj. 

Labor  emploj'ed  in  producing  goods,  misrepresentations  as  to  a 
misdemeanor,  §  532a. 

Livery-stable  Iveeper,  defrauding  by  means  of,  a  misdemeanor, 
§  537b. 

Money  or  property,  obtaining  under,  punishment  of,  §  532. 

Obtaining  money  or  property  by,  punishment  of,  §  532. 

Services  of  another,  obtaining  by  false  pretenses,  punishment  of, 
§532. 

Statements  as  to  financial  conditions,  when  a  misdemeanor,  §  532a. 

Testimony  of  two  witnesses  or  one  witness  and  corroborating  cir- 
cumstances, when  necessary,  §  1110. 

What  necessary  to  conviction,  §  1110. 

FALSE  REPRESENTATIONS.     See  Traud. 

FALSE  STATEMENT.     See  Fraud. 

Principal,  false  statement  to,  a  misdemeanor,  §  536. 

FALSE  WEIGHTS  AND  MEASURES.     See  Weights  and  Measures. 
In  general,  §§  552-555. 

FALSE  WHISKERS.  ^ 

Wearing,   a    misdemeanor,  §  185. 

FALSIFICATION. 

Public   records,  no  limit  of  time  for  prosecuting,  §  799. 

FALSIFYING. 

Accounts  by  officer,  punishment  of,  §  124. 

Evidence,  §§  132-138. 

Records  and  documents,  §§  113-117. 

FARCY.     See'  Animals. 

FARE.     See  Eailroads. 

FAST  DRIVING. 

On  public  road,  a  misdemeanor,  §  396. 

FEAR.     See  Extortion;  Homicide;  Eobbery. 

FEDERAL  OFFICERS. 

Crimes  against  certain,  punishment  of.  Appendix,  tit.  "Con- 
spiracy." 

FEDERAL  PRISONER.     See  Prisons. 

Charge  for  keeping  in  state  prisons,  §  1589. 

Committing  to  county  jail,  §§  1601,  1602. 

Expense,  of  keeping,  §  1589. 

Receiving,   keeping,   and   disciplining   in   state's   prison,  §  1589. 

FEES.     See  Officers. 

Affidavit  of  killing  of  deer,  fee  for,  §  626h. 

Appraiser    accepting   fee   not   allowed,    a    misdemeanor,  §  653%- 

Excessive,  receiving,  a  misdemennnr,  §  70. 

Jurors'  and  how  paid,  §  1143. 


940  INDEX. 

FEES.     (Continued.) 

License   to  raise  game   animals,   or   birds,   for,  §  (iljjd. 

Keceiving,    for    services    in    arresting    fugitives,  a  misdemeanor, 

§144. 
Tagging  animals  or  birds  by  game  commission,  for,  §  631d,   subd. 

12. 

FELLATIO. 

A  felony,  §  288a 
Punisliment  for,  §  2S8a. 

FELONY. 

Abduction,  §  2G6a  et  seq. 

Abduction  of  minor  for  prostitution,  §  267. 

Abduction  of  woman,  §  2G5. 

Abortion,  administering  drugs  to  produce,  §  274. 

Abortion,  advertising  to  procure,  a  felony,  §  317. 

Abortion,  soliciting  materials  for,  punishment  of,  §  275. 

Abortion,  submitting  to,  punishment  of,  §  275. 

Accessory    before    the    fact    and    principal,   distinction   between 

abolished,  §  971. 
Accounts,  falsification  of  by  officers,  §  424. 
Adultery,  living  in  by  married  persons,  §  269b. 
Advertising  to  procure  miscarriage  or  abortion,  §  317. 
All  persons  concerned  liable  as  principals,  §  971. 
Alteration,  secreting  or  destroying  public  record,  §  113. 
Animal,  vicjous,   owner  permitting  at  large,  §  399. 
Animals,  poisoning,  §  596. 
Appearance    of    defendant    necessary    on    rendition    of    verdict, 

§  1148. 
Arbitrator,  bribing,  §  95. 

Arbitrator,  influencing  or  intimidating,  §  95. 
Arbitrator,  receiving   outside   communication,  §  96. 
Arraignment,  defendant  to  be  personally  present,  §  977. 
Arrest.     See  Arrest;   Warrant  of  Arrest. 
Arrest  may  be  made  at  any  time',  §  840. 
Arson,  §  455. 

Assault  to  commit,  §  221. 
Assault  to  commit  murder,  §  217. 
Assault  to  commit  murder,  mayhem,  rape,   crime   against  nature, 

or  robbery,  §  220. 
Assault  with  caustic  chemicals,  §§  244,  245. 
Assault  with  deadly  weapon,  §  245. 
Assault  witli  deadly  weapon  by  convict,  §  246. 
Arbitrator,  making  promise'  to  give  decision,  §  96. 
Attempt  to  assume  ownership  of  person,  §  181. 
Attempt  to  commit  crime,  §§  664,  665. 
Attempt  to  escape  from  state  prison,  §  106. 
Auctions,  mock,  §  535. 

Automobiles,  failure  of  driver  to  assist  in  case  of  collision,  §  367e. 
Automobiles,  intoxicated  driver  injuring  person,  §  367e. 
Ballot-boxes,  interfering  with,  §  45. 
Ballots,  tampering  with,  §  45. 
Bigamy,  §  283. 

Bigainy,  marrying  spouse  of  another,  §  284. 
Bill,  legislative,  altering  draft  of,  §§  83,  84. 
Bill,  legislative,  altering  enrolled  copy  of,  §  84. 
Bill  of  lading,  duplicate,  failure  to  stamn  duplicate,  §  580. 
Bill  cf  lading;  false,  §§  541,  577,  578. 


INDEX.  941 

FELONY,      (Coutinued.) 

Bill  of  lading,  or  warehouse  ret'cipt,  issuing  fictitious,  §§  577,  578. 

Birth  of  infant,  false  representations  as  to,  §  156. 

Board  of  examiners,  violation  of  law  relating  to  by  member  of, 
§441. 

Boiler,  steam,  mismanagement,  §§  348,  349,  368. 

Bookmaking,  p.  201,  §  337a. 

Books,  maps,  etc.,  officer  stealing,  falsifying,  or  mutilating  rec- 
ords, §  113. 

Books,  maps,  etc.,  stealing,  falsifying,  or  mutilating,  etc.,  by  third 
person,  §  114. 

Books,  records,  etc.,  mutilating,  destroying,  taking  awaj^,  or  steal- 
ing, §  76,  113,  114. 

Books,  records,  etc.,   refusal   to   surrender   tO'  successor,  §  76. 

Brand,  alteration,  §  357. 

Brand,  putting  on  animal,  §  357. 

Bribe,  asking  for  or   agreeing  to   receive  by  legislator,  §  86. 

Bribe',  executive   officer   receiving,  §  68. 

Bribe,  giving  or  offering  to  legislator,  §  85. 

Bribe,  receiving  by  member  of  nominating  convention,  punish- 
ment  of,  §  57. 

Bribe,  receiving  by  members  of  legislature,  §  86. 

Bribe,  receiving  by   supervisors,  §  165. 

Bribe,  receiving,  punishment  of,  §  93. 

Bribe,  witness   receiving  or  offering  to   receive,  §  138. 

Bribery  of  arbitrator,  §  92. 

Bribery  of  executive   officers,  §  67. 

Bribery  of  judicial    officer,  §  92. 

Bribery  of  juror  §  92. 

Bribery  of  members  of  nominating  body,  §  57. 

Bribery  of  referee,  §  92. 

Briber}^  of  supervisors,  §  165. 

Bribery  of  telegraph   agent,  §  641. 

Bribery'of  telephone  operator,  §  641. 

Bribery  of      trustees    of   corporation,  §  165. 

Bribery  of  umpire,  §  92. 

Bribery  of  witness,  §  137. 

Bridges,  injuries  to,  §§  587,  588. 

Burglary,  §  461. 

Burning  of  property  of  another  maliciously,  §  600. 

Burning  or  destroying  insured  property,  §  548. 

Burning  property  not  subject  of  arson,  §  60U. 

Candidate  for  legislature  receiving  money  from  candidate  for 
United  States  Senate,  §  631/;. 

Candidate  for  United  States  Senate  advancing  money  iu  election, 
§63. 

Captain  or  officer  of  vessel,  injuring  vessel  or  cargo,  §  539. 

Carrier,  pledge  or  sale  of  property  by,  §§  581,  583. 

Checli  or  draft  on  bank,  drawing  with  knowledge  one  has  not 
sufficient  funds  or  credit,  §  476a. 

Child,  desertion  of,  §  271. 

Child,  false  pretenses  as  to  birth  of,  §  156. 

Child,  lascivious  conduct  with,  §  288. 

Child,  maliciously,  forcibly  or  fraudulently  taking  or  enticino' 
away,  punishment  of,  §  278. 

Child,  non  support  of,  §  270. 

Child-stealing,  §  278. 

Child  substitution,  §  157. 

Circulating  paper  as   money,   second   offense,  §  648. 


042  JNDEX. 

FELONY.      (Coiiiiuucil.) 

(  laim,    IrniHliilent,   iircsoiit  iii>i,  S  7l'. 

C'oiiijiouiKliiig  I't'lony,  iiuiiislmicnt  <ii',  S  '•''■"■J. 

Coiiniroiiiise  of,  §  I'MiK 

Conceiitioii,   advorti.siug   iinn-iiring   i>ioveution    of,  §  317. 

("onspiracy  to  coiiiniit,  overt  act,    wlicn  necessary,  §  18-4. 

Contract,  officer  l)ecoinin<^  illegally  interested  in,  §71. 

Controller  violating  laws  relating  to  board  of  examiners,  §  411. 

Conveying   land   twice,  §  ilS.'J. 

Coriioration,  failure  of  officers  to  obey  legal  duty,  §o64. 

Corporation,  false   reports  by   officers   of,  §  564. 

Corporation,  fraud  in  keeping  accounts  in  books  of,  §  563. 

Cori)oration,  fraudulent  acts  of  officers  or  agents  of,  §  563. 

Counterfeiting,  §§  473-476,  478-480. 

Counterfeiting  quicksilver  stamps,  §  366. 

Crime  against  nature,  §§  286,  288a. 

Crime,  is  a,  §  16. 

Crime  punishable  by  imprisonment  in  state  prison  or  county  jail 
and  fine,  §  17. 

Cunnilingus,  §  288a. 

Dead  bodies,  disinterment,  §  290. 

Dead  bodies,  mutilation  or  removal  of,  §  290,  291. 

Dead   body,  removal  of  part  of,  §  291. 

Death  from  vicious  animal,  owner  guilty  of  felony,  §  399. 

Decision  of  arbitrator,   referee,  etc.,  attempt  to   influence,  §  95. 

Decision,  offer  to  give',  §  96. 

Defined,  §  17. 

Deserting  child,  §  271. 

Dismissal  not  a  bar  in,  §  1387. 

Driving  substance  in  wood  that  will  injure  saws,  §  593a. 

Druggist  falsely  labeling,  §  380. 

Druggist  omitting  to  label,  §  380. 

Druggists,  fraud  or  wrongs  of,  §  380. 

Drugs,   administering  stupefying  to   commit,  §  222. 

Drugs,  bringing  into  prison,  jail  or  reformatory,  §  171a. 

Duel,  fighting  or  sending  or  accepting  challenge,  §  227. 

Duel,  fighting,  when  death  ensues,  §  226. 

Election  laws,  adding  to  or  subtracting  from  votes  cast,  §  51. 

Election  laws,   aiding  or  abetting  offenses  against,  §  52. 

Election  laws,  altering  returns,  §  51. 

Election  laws,  ballots,   ballot-boxes,   or  returns,   interfering  with, 
§45. 

Election  laws,  bribe,  receiving  by  member  of  convention  or  cau- 
cus, §  57. 

Election  law^s,  bribery  by  candidate,  §  54b. 

Election  laws,  bribery  of  member  of  convention  or  caucus,  §  57. 

Election  laws,  false  registration,  §  42. 

Election  laws,  false  registration,  causing,  procuring,  or  allowing, 
§  42a. 

Election  laws,  forging  or  counterfeiting  returns,  §  50. 

Election  laws,  fraudulent  acts  by  officers,  §  41. 

Election  laws,  fraudulent  voting,  §  45. 

Election  laws,   interfering  with  officers,  §  45. 

Election  laws,  intimidating,   corrupting,   deceiving   or   defrauding 
electors,  §  53. 

Election  laws,  offenses  against,  §  48. 

Election  laws,  officer,  acting  as  without  appointment  or  qualifica- 
tion, §  40. 
Election  laws,  officer  changing  ballots,  §  48. 


INDEX.  943 

FELONY.      (Continued.) 

Election  laws,  otiicer  changing  or  destroying  poll-lists,  §  4S. 

Election  laws,  person  acting  as  officer  without  authority,  §  40. 

Election  laws,  procuring  illegal  voting,  §  4  7. 

Election  laws,  receiving  consideration  for  voting  or  not  voting, 
§  54a. 

Election  laws,  refusal  to  act  by  officers,  §  41. 

Election  laws,  tampering  with  ballots  or  poll-list,  §  57a. 

Election  laws,  violation  of  by  officers,  §  41. 

Election  laws,  violation  of  by  person  not  an  officer,  §  61. 

Elections,  interfering  in,  §  45. 

Electric  line  and  apparatus,  injury  to,  §  59^. 

Electric  lines  or  apparatus,  interfering  with,  §  593. 

Elk,  killing  of,  §  599f . 

Embezzlement,  §  514. 

Embezzlement  of  public  funds,  §§  424,  514. 

Embezzlement  of  public  moneys  by  officer,  §  424. 

Embracery,  §§  92,  95. 

Employer  receiving  portion  of  wages  of  laborer  on  public  works, 
§  653d. 

Engine,  mismanagement  of,  §§  348,  349,  368. 

Escape,  any  person  assisting,  guilty  of,  §  109. 

Escape,  assisting  during  insurrection,  §  411. 

Escape,  attempt  to  from  state  prison,  §  106. 

Escape,  carrying  things  into  prison  to  aid  in,  §  110. 

Escape,  officers  aiding  or  suffering,  §  108. 

Escape  where  one  confined  in  state's  prison  for  term  less  than 
life,  §  105. 

Evidence,  false,  offering,  §  132. 

Evidence,  false,  preparing,  §  134. 

Evidence,  falsifying,  §§  128-132. 

Evidence  fraudulently  altered,  offering,  §  132. 

Ex-convict  coming  upon  or  near  grounds  of  prison  or  reforma- 
tory, §  171b. 

Executive  secretaries  of  United  States,  offenses  against.  Appen- 
dix, tit.  "Conspiracy." 

Explosives,  endangering  or  injuring  persons  or  property  b}-,  §  601. 

Explosives,  malicious  use  of,  §  601. 

Extortion,  §  520. 

False  imprisonment,  §  237. 

False  manifest,  invoice,  bill  of  lading,  etc.,  making  of,  §  541. 

False  personation,   marriage   under,  §  528. 

False  personation,  receiving  money  or  property  under,  §  529. 

False  pretenses    as  to  birth  of  child,  §  156. 

False  pretenses,  obtaining  money,  property  or  services  by,  §  532. 

False  proofs  upon  insurance  policy,  presenting,  §  549. 

Falsification  of  accounts  by  officer,  §  424. 

Falsifying  evidence,  §§  132-138. 

Federal  officers,  offenses  against.     Appendix,  tit.  "Conspiracy." 

Felatio,  §  288a. 

Firearms,  bringing  into  jail,  prison  or  reformatory,  §  171a. 

Fire,  goods  saved  from,  in  San  Francisco,  failure  to  notify  owner 
or  fire-marshal,  §  500. 

Fire,  larceny  of  goods  saved  from  in  San  Francisco,  §  500. 

Forged  or  false  instruments,  offering  for  record,  §  115. 

Forgery, §§  470-476. 

Fraud  in  increasing  capital  stock,  §  558. 

Fraud  in  keeping  accounts  of  corporation  or  joint-stock  company, 
§563. 


044  INDEX. 

FELONY.      (Contiuued.) 

l''raii(l  ill  pioc'iiruig  oryauizutioii  of  corporation,  §  ooS. 

I'"riiiidiilent    l)ill    or    clitiin,    prcsoiit  iii;^    to    jiublic    hoard    or   odicer, 

§  72. 
(Jainbliug,  ollieers  protecting,  oiicoiiraging,  or  [u'rmittiiig,  §  ',VM. 
Ciambliug,  Aviuuing  at  by  I'rauduleiit  means,  §  3.'Jli. 
Governor,  oU'enses  against.     Aj)pendix,  tit.  '•Cousi)iracy." 
Grand  larceny,  §  489. 

Gunpowder,  malicious  injury   to  building  Ijy,  §GU1. 
Highways,  malicious  injuries  to,  §  588. 
Homicide     committed    in     apprehending     person    for,     justifiable, 

§197. 
Homicide  committed  in  prevention  of,  is  justifiable,  §  197. 
incest,  §  285. 

infant,  false  pretenses  as  to  birth  of,  §  156. 
Infant,  substituting,  §  157. 

infringement  of  personal  liberty  of  another,  §  181. 
initiati\e  petition,  signing  fictitious  name  or  name  of  another  to, 

472a. 
Initiative  petitions,  misrepresentations  or  frauds  in,  §  G4b. 
Insurrection,  acts   committed   while   county   declared   in  state   of, 

§411. 
Intoxicants,  bringing  into  jail,  reformatory  or  prison,  !?  171a. 
Involuntary  servitude,  holding  one  in,  §  181. 
Issuing  or  circulating  paper  money,  §  (348. 
•lail,  willfully  injuring,  destroying,  etc.,  §  606. 
Joint  defendants,  joint  or  separate  trials,  §  1098. 
Joint-stock  company,  failure  of  officers  to  obey  legal  duty,  §  564. 
Joint-stock  company,  false  reports  by  officers,  §  564. 
Judges,  federal,  offenses  against.     Appendix,  tit.  "Conspiracy." 
Judgment,  appointing  time  for,  §  1191. 
Juror,  influencing,  intimidating,  etc.,  §  95. 
Juror,  misconduct  of,  §  96. 
Jury-box,  tampering  with,  §  116. 
Jury-lists,  certifying  to  false,  §  117. 
Jury-lists,  falsifying,  §  117. 
Jury-list,   tamj^ering  with,  §  116. 
Kidnaping,  §§  208,  209. 
Larcen}',  grand,  §  489. 

Larceny  of  books,  by  third  person,  §  114. 
Larceny  of  books,  maps,  records,  etc.,  by  officer,  §  113. 
Larceny  of  goods  saved  from  tire  in  Sau  Francisco,  §  500. 
Legislature,  asking  for  or  agreeing  to  receive  bribe,  §  86. 
Legislature,  bribing  of,  §  86. 
Legislature,  giving  or  offering  bribe  to,  §  85. 
Legislator,  influencing  not  to  attead  house  or  committee,  §  85. 
Legislator,  influencing   vote    of,  §  85. 
Legislator,  obtaining  money  to  i.tjiluenec,  ?  S9. 
Legislator    receiving    money   frs^H     candidate   for   LTuited   States 

senator,  §  63a. 
Legislature,  preventing  meeting  or  organization  of,  §  81. 
Liberty  of  another,  infringement  on,  §  181. 
License    receipts,    possession    other    than    those    allowed    by    law, 

§432. 
Lights,  injury  to  or  exhibiting  false,  §  610. 
Limitations    against    prosecution,    effect    of    absence    from    state, 

§801. 
Limitations  of  time  for  prosecution,  §§  799,  SOO. 

\ 


INDKX.  945 

FELONY.      (Coutiiuied.) 

JiObbjing,  §  89. 

Logs  iiiteiuled  for  maimt'acture  of  liiinher,  driving  suli.«taiK'c  into, 
§  593a. 

Kidnaping,  §§208,  209. 

Malicious  injury  to  bridge,  liighwav  or  ways,  §- 588. 

Manslaughter,  §  193. 

Married  person  couve^-ing  or  mortgaging  under  false  representa- 
tions, §  534. 

Marrying  spouse  of  another,  §  284. 

Mayhem,  §  204. 

Miscarriage,  advertising  procuring  of,  §  317. 

Miscarriage,  procuring,  §  274. 

Miscarriage,  soliciting  materials  for,  §  275. 

Miscarriage,  submitting  to,  §  275. 

Money,  circulating  paper  as,  second  offense,  §  648. 

Mortgaged  chattel,  removal,  sale  or  encumbrance  of,  §  538. 

Motorcycle,  intoxicated  driver  injuring  person,  §  367e. 

Motorcycles,  failure  of  driver  to  assist  in  case  of  collision,  §  367e. 

Murder  in  first  degree,  §  190. 

Murder  in  second  degree,  §  190. 

Offense  is  a  felony  or  misdemeanor  according  to  punishment  in- 
flicted,  when,  §  17. 

Offense,  when  a  felony  and  when  a  misdemeanor,  §  17. 

Officer  becoming  interested  in  contract,  §  71. 

Officer  embezzling  public  moneys,  §  424. 

Officer,  false  statement  by,  §  564. 

Officer  loaning  or  using  public  moneys,  §  424. 

Officer  mutilating  books  or  records,  etc.,  or  withholding  from  suc- 
cessor, §  76. 

Officer  neglecting  to  pay  over  money,  §  425. 

Officer  receiving  wages  or  salary  of  laborer  or  clerk,  §§  74a,  653d. 

Officer  refusing  to  pay  over  public  moneys,  §  424. 

Ownership  of  another,  attempt  to  assume,  §  181. 

Perjury,  §§  126-128. 

Perjury,  subornation  of,  §  126. 

Poison,    administering   with    intent   to   kill,  §  216. 

Poisoning  animals,  §  596. 

Poisoning  food,  medicine,  drink  or  water,  §  347. 

Poll-lists,   interfering   wdth,  §  45. 

Presence  of  defendant  at  judgment  necessary,  §  1193. 

Presence  of  defendant   necessary   at   trial,  §  1043. 

Presence  of  defendant  when    verdict   rendered,  §  1148. 

Presenting  fraudulent  bill  or  claim   to   officer,  §  72. 

President,  offenses  against.     Appendix,  tit.  "Conspiracy." 

Principals   in   first   and   second   degree,   distinction   between   abol- 
ished, §  971. 

Prison,   bringing   contraband   articles   into,  §  180a. 

Prisoner,  discharged,  going  on  grounds  of  prison  or  reformatory 
in   night,  §  171b. 

Prisons,  jails  or  reformatories,  bringing  drugs,  liquors,  weapons  or 
explosives  into,  §  171a. 

Private  roads,  injuries  to,  §  588. 

Prize-fight,  leaving  state  to  engage  in,  §  414. 

Prize-fights,  engaging  in  or  aiding  in,  §  412. 

Procedure  where  jury  disehared  for  want  of  jurisdiction   §§  1115 
1116. 
Pen.  Code — 60 


04(1  INDEX. 

FELONY.      (Coiitiiuio.l.) 

rnistitution,  abduotioii   of   iiil'iiiit    I'Dr,  §  1^07. 

I'rostitiitioii,  liusbaiul  cuiiniviii^  or  conspntiiiK  to  jilafiiij^  wife  in 

lioiiso  of,  §  2G6g. 
Prostitution,  husband   placin^r  wife  in   house  of,  §  2(5fig. 
Prostitution,  payinj^j  for  woman  for  purjiosc  of,  §  2(j()e. 
Prostitution,  jiaying  for  woman  to  jilace  hor  in  house  against  will, 

§  2()(;e. 
Prostitution,  i)lac'iug  woman  in  custody  for,  §  26Gd. 
Prostitution,  placing  wife  in  house  of,  §  2G6g. 
Prostitution,  sale  of  woman  for  immoral  purposes,  §  2G6f. 
Prostitution,  taking    woman    by    force    or   fraud    for    purpose    of, 

§  266a. 
Prostitution,  taking   woman   by   force   or   fraud   to   live   in   illicit 

relation,  §  266b. 
Public  works,  receiving  portion  of  v^ages  of  laborer  on,  §  653d. 
Punishment,  in  general,  §  12. 
Punishment,  limits  on,  §  13. 

Punishment  of,   when   not   otherwise   prescribed,  §  18. 
Punishment,  when  not  otherwise  provided,  §  18. 
Quicksilver,    counterfeiting    seal    or    stamp    of    manufacturer    or 

seller,  §  366. 
Quicksilver,   using   counterfeited   seal   of   manufacturer   or   seller, 

§366. 
Railroad  employee  becoming  intoxicated  on  duty,  when  guilty  of, 

§369f. 
Railroad  employee  causing    death    through   intoxication,  §  369f. 
Railroad  employee,  negligence  of,  causing  death,  §  369. 
Railroad  or  train,  interfering  with,  for  purpose  of  robbery,  §  214. 
Railroad,  placing  obstructions  on  track,  §  587. 
Railroad,  placing  passenger-car  in  front  of  freight-car,  §  392. 
Railroad  property  or  bridges,  injury  to,  §  587. 
Railroad,  putting  explosive   on  track,  §  218. 
Railroads,  train  wrecking  a  felony,  §§  218,  219. 
Railroad  track  or  bridge,  injury  to,  §  587. 
Rape,  §  264. 

Recall  petitions,  misrepresentions  or  frauds  in.  §  64b. 
Recall   petition,   signing   fictitious   name   or   name   of   another   to, 

§472a. 
Receiving  portion  of  wages  of  laborer  on  public  works,  §  653d. 
Receiving  stolen  goods,  §  496. 
Records,    destroving,    stealing,    altering    or    mutilating,  §§  76,    113, 

1 14. 
Records,  etc.,  refusal  to  surrender  to  successor,  §  76. 
Referee,  intimidating  or  attempting  to  influence,  §  95. 
Referee,  misconduct  of,  §  96. 

Referendum  petitions,  misrepresentations  or  frauds  in,  §  64b. 
Referendum  petition,  signing  fictitious  name  or  name  of  another 

to,  §  472a. 
Reformatories,  act  relating  to  bringing  guns,  etc.,  on  grounds  of, 

§  171a,  note. 
Reformatories,    drugs,    liquors,    -weapons    or    explosives,    bringing 

into,  §  171a. 
Rescue  of  prisoner,  §  101. 

Resolution,  legislative,  altering  draft  of,  a  felony,  §  83. 
Resolution,  legislative,  altering  enrolled  copy  of,  §  84. 
Returns,   interfering  with,  §  45. 
Roads,  private,  malicious  injury  to.  §  588. 


INDEX.  947 

FELONY.      (Contimied.) 

Kobbery,  §  213. 

.Salary  of  deputy  or  ■•k'rk  or  laborer,  receiving  part  of,  §§  74a, 
6')o(\. 

Search  of  defeudaut  charged  with,  when  ordered,'  §  1542. 

Secretaries,  executive,  of  United  States  offenses  against.  Appen- 
dix, tit.  "Conspiracy." 

Seduction.     Appendix,  tit.  "Seduction." 

Seduction  for  purpose  of  prostitution,  §  266. 

Seduction  under  promise  of  marriage,  §  268. 

Selling  land  twice,  §  533. 

Sex  perversions,  §  288a. 

Signals,  injury  to  or  exhibiting  false,  §  610. 

State  printer,  fraud  or  collusion  by,  §§  99,  100. 

State  printer,  secret  agreement  or  collusion  as  to  supplies,  §  100. 

State   printing,  superintendent  being  interested   in   contract,  §  99. 

State  treasurer,  violation  of  law  relating  to  board  of  examiners 
by,  §  441. 

Steamboat,  mismanagement  of,  §§  348,  368. 

Steam-boiler  or  engine,  negligently  managing,  §§  348.  349,  368. 

Steam-boilers,  mismanagement  of,  §§  348,  349,  36S. 

Subornation  of  perjury,  §  126. 

Suicide,  aiding  or  encouraging,  §  401. 

Tax  receipts,  possessing  other  than  those  allowed  by  law,  §  432. 

Telegram,  obtaining  by  false  personation,  §  621. 

Telegraph  message,  clandestinely'  learning  contents,  §  640. 

Telegraph  message,  conspiracy  concerning,  §  ili. 

Telegraph  message,  disclosing  contents,  §§  619,  640. 

Telegraph  message,  employee  using  information   of,  §§  639,   640. 

Telegraph  message,  forging,  §  474. 

Telegraph  message,  obtaining  by  false  personation.  §  621. 

Telegraph  message,  opening,  §  621. 

Telegraph  operator,  bribery  of,  §  641. 

Telephone  message,  disclosing  contents  of,  §§  619,  640. 

Telephone  message,  employee  using  information  contained  in, 
§§  639,  640. 

Telephone  message,  obtaining  by  false  personation,  §  621. 

Telephone  message,  opening,  §  621. 

Telephone  operator,  bribery   of,  §  641. 

Treason,  misprision  of,  §  38. 

Umpire,  intimidation  or  attempt  to  influence,  §  95. 

Umpire,  misconduct  of,  §  96. 

Vessel,  sinking  of,  §  608c. 

Vessel,  wrecking,  injuring  or  destroying,  §§  540,  608c. 

vice-president,  offenses  against.     Appendix,  tit.  "Conspiracy." 

Voting,  fraudulent,  §  45. 

^\'arehouseman,  sale  or  pledge  by,  §§  581,  583. 

Warehouse  receipt,  false,  issuing  of,  §  578. 

Weapons,  bringing  into  prison,  jail  or  reformatory,  §  171a. 

Witness  receiving  bribe  for  absenting  himself,  §  138. 

Written  instrument,  injury  to,  §  617. 

FEMALE. 

Abduction  of  punishment   of,  §  265. 

Abduction  of,  under  eighteen  years  of  age,  from  parent,  §  267. 
Abduction,  purposes  punishable,  §  265. 

Defendant,  under  sentence  of  death,  proceedings  when  supposed 
to  be  pregnant,  §  1225. 


948  INDEX. 

FEMALE.      (Continued.) 

Kmploying  to  siill  liquor  ;it   t licjitcis,  etc,  §  ill!."'. 

I'risoucrs  to  be  separated  from  male,  §  l.T.)'.!. 

Procuring  to  perform  in  public,  where  liquors  are  sold,  §  ',Un'>. 

I'rostitution  of.     ISee  Trostitution. 

Seduction  of,  for  purpose  of  prostitution,  puuisluuenl   of,  §  266. 

FEMININE. 

liu-iuded   in   masculine,  §  7. 

FENCE. 

Destroying,   opening,   or   tearing  down,   a   misdemeanor,  §  602. 
Leaving  inclosures  open,  a  misdemeanor,  §  602. 
Tearing  down  to  make  passage,  a  misdemeanor,  §  602. 

FENDERS. 

Compliance  with  orders  of  supervisors  sufficient,  §  369a. 
Duty  of  railroad  companies  to  use,  §  369a. 

FERRY. 

Crossing  without  paying  toll  a  misdemeanor,  §  389. 

Maintaining  unlawfully,  a  misdehieanor,  §  3S6. 

Neglecting  to  pay  toll,  a  misdemeanor,  §  389. 

Violating  condition  of  undertaking  to  keep,  a  misdemeanor,  §  387. 

FICTITIOUS  NAME. 

Indictment  by,  §§  953,  989. 

FINDER. 

Lost  projjerty,  guilty  of  larceny-,  when,  §  48o. 

FINES.     See  Probation. 

Bail   on   appeal   from,  §  1273. 

Blacklisting,  for,  §  653e. 

Children,  fines  for  offenses,  disposition  of,  §  273e. 

Collected  for  offenses  against  statute  relating  to  fires,  disposition 
of,  §  384. 

Corporation,  against,  how  collected,  §  1397. 

Deposit  instead  of  bail  to  be  applied  to,  §  1297. 

Discharge  of  defendant  on  fine  without  alternative,  §  1454. 

Discharge  of  defendant  on  payment  of,  §  1457. 

Disposed  of,  how,  §§  1457,  1570. 

Execution  of  judgment  for,  §§  1214,  1215,  1456. 

Explosives,  for  failure  to  keep  record  of  sales  of,  §  375a. 

Game  laws  violation  of,  disposition  of  fines  and  forfeitures  for. 
See  Game  Laws. 

Imposed  for  nonsupport  of  wife  or  child  may  be  paid  to  wife  or 
custodian  of  child,  §  270d. 

Imprisonment  and,  judgment,  how  executed,  §  1215. 

Imprisonment,  fine  may  be  added  to  where  no  fine  prescribed, 
§  672. 

Imprisonment  till  paid,  §§  1205,  1446,  1456. 

Imprisonment  until  payment,  limitation  on,  §§  1205,  1446. 

Injuries  to  mile-stones  and  guide-boards,  one-half  to  go  to  in- 
former, §  590a. 

Judgment  for,  constitutes   a  lien,  §  1206. 

Judgment  for,  execution    may    issue    on,  §  1214. 


INDEX.  949 

FINES.      (Coutinued.) 

Judgmeut  imposing  and  directing  imprisonment  until  paid,  exe- 
cution of,  §  l-ioG. 

Justice's  court,  in,    §§  1446,  1457. 

Lien,  judgment  for,  constitutes,  §  120(3. 

Officer's  failure  to  pay  over,  a  misdemeanor,  §  427. 

Ordinances,  for  violation  of,  disposition  of,  §  1457. 

Payment  of,  defendant  to  be  discharged,  §  1457. 

Eefusal  or  neglect  to  pay  over,  a  misdemeanor,  §  427. 

Suspension  of  judgmeut  of  fine  and  imprisonment,  §§  1203,  1215, 

Suspension  of  sentence  and  placing  defendant  on  probation  in 
case  of,  §§  1203,  1215. 

FIRE.     See  Explosives. 

Allowing  lawfully  set  fire  to  escape  from  control,  a  misdemeanor, 
§384. 

Arson.     Sea  Arson. 

Back-fire,  setting  of,  not  a  misdemeanor,  when,  §  384. 

Blasting  wood,  permit   for,   rules    and   regulations   in,  §  384. 

Blasting  wood,  permit  of  warden  a  defense,  when,  §  384. 

Blasting  wood,  state  or  district  warden  may  issue  permit  for. 
§384. 

Blasting  wood  with  dynamite,  powder,  etc.,  in  dry  season,  a  mis- 
demeanor, §  384,  * 

Building  fire  on  one's  own  land  to  burn  brush,  etc.,  in  dry  season, 
a  misdemeanor,  §  384. 

Burning  bridges,  grain,  etc.,  maliciously,  punishment  of,  §  600. 

Burning  property  net  subject  of  arson,  punishment,  §  600. 

Camper  leaving  fire  burning,  a  misdemeanor,  §  384b. 

Camp-fire.     See  Camp-fire. 

Destruction  by,  of  property  of  contiguous  owners,  punishment  of, 
§  384a. 

Destruction  of  forest  by  fire  on  public  land,  punishment  of,  §  384. 

Disobeying  orders  of  officers  attempting  to  extinguish,  a  mis- 
demeanor, §  385. 

Engines  without  spark-arresters,  using,  a  misdemeanor,  when, 
§384. 

False  alarm  of,  turning  in,  punishment  of,  §  625a. 

Fines  collected  for  offenses  against  statute,  disposition  of,  §  384. 

Fire-alarm  apparatus,  interference  with,  punishment  of,  §  625a. 

Forests,   protection    of   against.     See   Forests. 

Goods  saved  from,  in  San  Francisco,  failure  to  notify,  punish- 
ment of,  §  500. 

Insured  property,  burning,   punishment   of,  §  548. 

Larceny  of  goods  saved  from,  punishment  of,  §  500. 

Loggers,  right  to  use  explosives  or  fires,  §  384. 

Malicious  burning  of  property  not  subject  of  arson,  punishment, 
§  600. 

Malicious,  in  general,  punishment,  §  600. 

Negligently  firing  woods,   grasses,   etc.,   a   misdemeanor,  §  384. 

Negligently  setting  on  property  not  one's  own,  punishment  of, 
§  384. 

Negligently  setting  without  providing  against  escape,  a  mis- 
demeanor, §  384. 

Obstructing  attempt  to  extinguish,  a  misdemeanor,  §  385. 

Provision  for  preventinn  of  fires  and  punishment  for  violation  of 
§  384. 


950  INDEX. 

FIRE.      (Conlinueil.) 

I'rovisions  lor  protoetiou  against,  do  not  ajiply  to  fires  set  on 
laud.s  iu  cities,  §  ;584. 

Prisoners  removed  in  case  of,  §  1G07. 

Kafts  or  piles  of  wood,  lumber,  etc.,  maliciously  burning,  a  mis- 
demeanor, §  COS. 

Eofusal  to  obey  summons  of  fire-warden,  a  misdemeanor,  §  384, 

Refusing   assistance  in   combating,   punishment   of,  §  384. 

What   acts  iu  relation   to   forbidden,  §  384. 

Woods,  grass,  etc.,  setting  on  fire,  a  misdemeanor,  §  384. 

FIREARMS.     See  Ammunition;  Arms;  Weapons. 

Bringing  into  jail,   prison   or  reformatory,  a  felony,  §  171a. 
iJeadly  weapon.     JSee  Deadly  Weapon. 

Discharging  in  unincorporated  city  or  town,  a  misdemeanor,  §  415. 
Selling  to  Indians,  a  misdemeanor,  §  398. 

FIRE  DEPARTMENT, 

False  alarm  of  fire,  turning  in,  punishment  of,  §  625a. 

False  certificates   of   exemption,   issuing,   a   misdemeanor,  §  649. 

Fire-alarm  apparatus,  interfering  with,  punishment  of,  §  625a. 

FIRE-WARDEN. 

Permit  to  blast  wood,  may  issue,  §  384. 

Permit  to  blast  wood,  rules  and  regulations  accompanying,  §  384. 

Permit  to  blast  wood,  when  a  defense,  §  384. 

Refusal  to   obey  summons  of,   a  misdemeanor,  §  384. 

FISH.     See  Fish  Commissioners;   Fishways;   Game   Laws. 

Act  to  prevent  destruction  of  in  Bolinas  Bay  continued  in  force, 

§23. 
Act  to  prevent  destruction  of  in  Lake  Merritt  continued  in  force, 

§23. 
Act  to  prevent  destruction   of   fish  in   Napa   River,   continued  in 

force,  §  23. 
Act  to  prevent  destruction  of  fish  in  Sonoma  Creek  continued  in 

force,  §  23. 
Act  to  prevent  taking  fish  by  means  of  weirs,  dams,  nets,  traps, 

or  seines,  in  certain  streams  in  Mendocino  County.     Appen- 
dix, tit.  "Fish." 
Act  to  regulate  salmon  fisheries  in  Eel  River,  continued  in  force, 

§23. 
Aliens    incapable    of   becoming    electors    prohibited    from   fishing. 

Appendix,  tit.  "Fish." 
Costs  of  trial  for  violations  of  law  to  be  paid  by  state.     Appen- 
dix, tit.  "Fish." 
Ditches  and  flumes  drawing  supply  from  Kings  River,  proprietors 

to  prevent  passage  of  fish  into.     Appendix,  tit.  "Fish." 
Effect  of  code  on  statutes  respecting,  §  23. 
False  Bay,  act  to  prevent  taking  of  fish  by  means  of  weirs,  dams, 

nets,  traps,  or  seines  in.     Appendix,  tit.  "Fish." 
Kings  River,  destruction  of  fish  in,  act  to  prevent.     Ai>pendix,  tit. 

"Fish." 
Lake  Bigler,  preservation  of  fish  in.     Appendix,  tit.  "Fish." 
Lake  Chabot,  fishing  in  forbidden.     Appendix,  tit.  "Fish." 
San  Antonio  Creek,  fish  not  to  be  caught  with  nets,  seines,  etc. 

Appendix,  tit.  "Fish." 
San  Leandro  Creek,  fishing  in,  forbidden.     Appendix,  tit.  "Fish." 
Taking  fish,  animals,  or  birds  for  propagation,  §§  628c,  631,  633,  634, 

6341/2,  636. 


INDEX.  951 

FISH.      (Continued.) 

Taking  fish,  birds  or  animals  lor  scientific  purposes,  §§  628c,  G31, 

633,  C34VL',  C36. 
Trout  in  Sislviyou  County,  act  concerning  continued  in  force,  §  23. 

FISH  AND  GAME  COMMISSIONERS. 

Pish  commission  fund,  payment  of  fines  into,  §§  626h,  626k,  628d, 
62811,  629,  630,  631b,  631d,  subd.  9,  632a,  632b,  633,  634,  63iy-, 
63.5,  63.5 Vi;, -636,  636b,  636 Vi?,  637. 

Fish," statutory  provisions  relating  to.    See  Game  Laws. 

Fishvvay,     See  Fishway. 

Game  laws.     See  Game  Laws. 

Nets  and  seines,  actions  to  forfeit,  §  636a. 

Nets  and  seines,  proceedings  in   action  to  forfeit,  §  636a. 

Notifying  owners  to  construct  fishways,  §  637. 

Planting  of  fish  and  shell  fish,  inspection  by  and  consent  of  com- 
mission  necessary,  §  628h. 

Screens  before  canals,  ditches,  flumes,  etc.,  hearing  before  com- 
missioners as  to  necessity  and  powers  of  commissioners,  §  629. 

Screens  before  canals,  ditches,  flumes,  etc.,  hearing  before  com- 
missioner's  as   to   necessity ,  and   procedure   on,  §  629. 

Dealers  in  game,  fish,  mollusks  and  crustaceans  to  make  monthly 
to,  §  630. 

Fisliways.     See  Game  Laws. 

Fishways,  authority  to  order  instruction   of,  §  633. 

Fishways,  hearing  on  necessity  of  and  procedure  on,  §  637. 

Fishways;  hearing  on  necessity  of,  powers  of  commissioners  on, 
§  637. 

To   examine   dams   and   obstructions   in   rivers,  §  637. 

FISH  AND  GAME  WARDENS.     See  Game  Laws. 

FxSHERS.     See  Game  Laws. 

Are   predatory   animals,  §  637Vi;. 

Screens   before   inlets    of,   provision    relating   to,  §  629. 

FIXTURE. 

Larceny    of,    what    constitutes,  §  495. 

FLAG. 

Desecration  of  prohibited,  §  310.     See,  also.  Appendix,  tit.  "Flag." 

FOLSOM.     See  State  Prisons. 

Rock-crushing  plant  at.     Appendix,  tit.  "State  Prisons." 

FOOD.     See  Adulteration. 

State    laboratory    for    foods,    act    providing    for.     Appendix,    tit. 

"Adulteration." 
Tainted  or  decayed,  sale  of,  a  misdemeanor,  §  383. 

FORCIBLE  ENTRY  AND  DETAINER. 

Engaging  in   encouraging   or   assisting,   punishment   of,  §  418. 

FOREIGN. 

Acquittal  or  conviction,  as  a  defense,  §§  656,  793. 

Conviction,  punishment  of  subsequent  offense  in  case  of,  §  668. 

Convicts,  importing,  a  misdemeanor,  §  173. 

Corporation,  no  defense  that  cor[)oration  is,  §  571. 

Insurance   company   doing  business   without  comjdylng   with   law, 

a  misdemeanor,  §  439. 
Law,  acts  punishable  under,  §  65.". 


952  INDKX 

FOREIGNERS.     See    Aliens. 

FOREMAN  OF  GRAND  JURY. 

Aii])oiiitiiuMit    of,  §  Un2. 

liKliutiiieiit  presented  by,  §  944. 

May  administer  oath  to  witnesses,  §  !)18. 

Oath  of,  §  903. 

Piesentnieiit  must  be  signed  by,  §  9H1. 

FORESTRY. 

Fines  for  violation  of  statute  relating  to  fires,  paid  into  forestery 
fund,  §  384. 

FORESTS. 

Fires,  provision  for  prevention   of  and   ]iunishinent   for   violation 

of,  §  384. 
Fires,  refusing  assistance  in  oombal  ing,   punishment  of,  §  384. 

FORFEITURE.     See  Fines. 

Bail,  of,  §§  979,  1305-1307,  1570. 
Convict,  forfeits  what  rights,  §  673. 
Conviction  not  to  work,  §  0)77. 

Credits,  forfeiture  by  prisoners  and   restoration   of,  §  1588. 
Credits  of  prisoner  for  good   behavior,  §§  1590,   1591. 
Deodand  abolished,  §  677. 
Disposed  of,  how,  §§  1457,  1570. 
License,  for  holding  mocli  auctions,  §  535. 
Lottery,  property  offered  for  disposal  in,  §  325. 
Officer's  failure  to  pay  over,  a  misdemeanor,  §  427. 
Of  property,  abolished,  §  677. 

Ordinances,  forfeitures  for  violation  of,  disposition  of,  §  1570. 
Undertaking  of  witness  to  appear,  forfeiture  of,  for  non-appear- 
ance, §  1332. 

FORFEITURE  OF  OFFICE. 

Acting  or  receiving  bribes,  for,  §  68. 

Acting  without  qualifying,  for,  §  65. 

Conviction  of  crime,  for,  §§  98,  673. 

Criminal  acts,  for,  failure  of  code  to  specify  does  not  affect,  §  10. 

Executive  officer  receiving  bribe  forfeits  otKce,  §  68. 

Inhumanity  to  prisoners,  for,  §  117. 

Judge  receiving  part  of  reporter's  fees  forfeits  office,  §  94. 

Legislator  receiving  bribe  forfeits  office,  §  86. 

Legislators,  by,  §  88. 

Office,  forfeiture  of,  for  taking  what  rewards,  §  74. 

Receiving  rew'ard  for  appointment,  for,  §  74. 

State  printer  guilty  of  misconduct,  forfeits  office,  §  100. 

Violation  of  duties,  for,  §  601. 

FORGERY. 

Acts  amounting  to,  §  470. 

Bank  bills,  of,  expert  testimony  as  to  forgery,  §  1107. 

Bank  bills,  of,  incorporation  of  bank  may  be  proved  by  general 

reputation,  §  1107. 
Counterfeiting  coin,  bullion,  etc.,  what  constitutes,  §  477. 
Defined,  §  470. 
Election  laws,   substituting  forged   or   counterfeited   returns,  j)un 

ishment  of,  §  50. 
Election  returns,  of.  punishment  of,  §  5(1. 
I'^videnco,  forged,  offering,  a  felony,  §  l.'VJ. 


INDEX.  953 

FORGERY.      (Continued.) 

Evidence   of   incorporation    on    forgery   of   bank    bills   and    notes, 

§  1107. 
Fictitious  bills,  notes,  or  cbeck,  niaking,  uttering  ete.,  punisliment 

of,  §  476. 
[nitiative,  referendum  or  ncal]  petition,  signing  name  of  another 

to, §  472a. 
Labor  union,  of  trademark  of.     See  Labor  Organizations. 
In  general,  §  470. 
instruments  subject  of,  §  470. 
Misdescription  in  indictment  or  information  for,  wlien  instrument 

destroyed  or  witlilield,  is  immaterial,  §  965. 
Passing  or  receiving  forged  notes  or  bills,  punishment  of,  §  475. 
Possession  of  blank  or  uufinislied  notes  or  bank  bills,  punishment 

of,  §  475. 
Possession  of  forged  bills  and  notes,  punishment  of,  §  475. 
Public  documents,  of,  punishment  of,  §§  113,  114. 
Punishment  of,  §  473. 

Railroad  ticket,  check,  etc.,  punishment  of,  §  481. 
Railroad  ticket,  check,  etc.,  restoring,  punishment  of,  §  482. 
Record,  offering  forged  instrument  for,  a  felony,  §  115. 
Records,    making  false   entries   in    or   alteration   of   books   of,   is, 

§471. 
Records,  of,  punishment  of,  §§  113,  114. 
Returns,  of,  §  471. 

Seal,  possession  of  counterfeited,  when  is  forgery,  §  472. 
Seals,  of,  what  constitutes,  §  472. 

Telegraph  message,  false  aiding  to  send,  punishment   of,  §  474. 
Telegraph  message,  of,  punishment  of,  §  474. 
Telegrai^h,  sending  false  message  by,  punishment  of,  §  474. 
Telephone  message,  false,  aiding  to  send,  punishment  of,  §  474. 
Telephone,  sending  false  message  by,  punishment  of,  §  474. 
Ticket,  pass,  etc.,  forging,  altering,  etc.,  punishment  of,  §  481. 
Tickets,  pass,  etc.,  restoring  with  intent  to  defraud,  punishment 

of,  §  482. 
Trade-mark,   forging,   a   misdemeanor,  §  350. 
What  constitutes,  §§  470,  471. 

FORM. 

Accusation  against  officer,  §  759. 

All  forms  of  pleading  are  prescribed  by  code,  §  948. 

Bail  after  indictment,  form  of  undertaking,  §  1287. 

Bail  after  recommitment,  form  of  undertaking  on,  §  1316. 

Bail  before  indictment,  §  1278. 

Bench-warrant,  §§  981,  982,   1197. 

Bench-warrant   after   conviction,  §  1197. 

Bench-warrant  under  indictment   or   information,  §  981. 

Commitment,  §§  863,  872,  873,  877. 

Coroner's  warrant,  §  1518. 

Defect  in  form  of  warrant  of  commitment  not  ground  of  dis- 
charge on  habeas  corpus,  §  1488. 

Defect  in  form  or  writ  of  habeas  corpus  does  not  justify  disobe- 
dience when,  §  1495. 

Demurrer,  §  1005. 

Discharge  of  defendant,  §  871. 

Indictment,  §  951. 

Information,  §  951. 

Oath  by  officer  to  inventory  made  of  property  seized  under 
search-warrant,  §  1537. 


0r)4  INDEX. 

FORM.      (Coiitiiniou.) 

Oath  of  foreman  of  jfrand  jiirv,  §  Dfl.'J. 

Oath  of  grand  .inror.  §901. 

Oath  of  juror  in  police  or  justice's  court.  §  1437. 

Oath    of   oflicer   haviiijj   charge  of  jury,  §  1140. 

Olijoction  to  accusation,  §  7().'i. 

Order  for  bail  on   commitment  where  offense  bailable.  §  S7.5. 

Order  holding  defendant  to  answer,  §§  872,  873. 

Pleas,  forms  of,  §  1017. 

Search-warrant.  §§  1.523,   l.')28,  L529. 

Subpoena,  §  1327. 

Summons  to  corporation,  §  1391. 

Undertaking  of  bail  after  reeominitment,  §  131G. 

Undertaking  on  bail,  §§  1278,  1316. 

Verdict,  §§  1151,  1158. 

Verdict  on  previous  conviction,  §  1158. 

Verdict,   special,  §  1154. 

Warrant   of   arrest.  §§  814,    1427. 

Warrant  of  arrest  issued  by  coroner,  §  1518. 

FORMER  ACQUITTAL.     See  Former  Jeopardy. 

FORMER  CONVICTION.     See  Former  Jeopardy. 

How  eliarged  in   indictment  or  information,  §  969. 
Not  more  than  two  to  be  charged  in  indictment  or  information, 
§969. 

FORMER  JEOPARDY.  See  Former  Conviction;  Indictment;  Infor- 
mation; Plea. 

Acquittal,  discharge  of  defendant  that  he  mav  be  witness  is  a 
bar,  §1101. 

Acquittal,  former,  a  bar,  though  indictment  defective,  §  1022. 

Acquittal  in  prosecution  under  different  code  section  as  a  bar, 
§654. 

Acquittal,  what  is  a  former,  §  1022. 

Acquittal,  what  is  not  former,  §  1021. 

Arrest  of  judgment,  when  and  when  not  a  bar.  §  IISS. 

Compromise  of  offense  bars  further  prosecution,  §  1378. 

Conviction  in  prosecution  under  different  code  section,  §  654. 

County,  acquittal  or  conviction  in  another  county,  effect  of,  §  794. 

Demurrer  to  indictment  sustained,  whether  bar  to  another  prose- 
cution, §  1008. 

Discharge  of  defendant  that  he  may  be  witness  is  a  bar,  §  1101. 

Dismissal  of  action  as  bar,  §  1387. 

Foreign   acquittal  or  conviction,  effect   of,  §§  656,  793. 

Higher  offense,  conviction  or  acquittal  of,  effect  of,  §  1023. 

Higher  offense,  for,  bars  prosecution  for  offense  included  within, 
§  1023. 

Indictment  or  information,  dismissal  of,  is  not,  §  1021. 

In  general,  §  654. 

Judgment  on  plea  of,  §  1155. 

Jury  discharged,  retired  of  cause,  §§  1141,  1147. 

Justice's  court,  retrial  of  defendant  on  discharge  of  jury,  §  1444. 

Merits,  acquittal  on,  is  a  bar,  §  1022. 

New  trial,  effect  of,  §  1180. 

Offense  included  in  former  charge,  former  jeopardy  a  bar  to, 
§  1023. 

Once  in  jeopardy,  form  of  plea  of,  §  1017. 

Plea  of,  form  of,  §1017. 


INDEX.  955 

FORMER  JEOPARDY.      (CoutiimcL) 

Plea  of,  issue  of  fact  arises  on,  §1041. 

Plea  of,  may  be  entered,  §  101  (i. 

Plea  of  may  he  pleaded  either  with  or  without  the  ])]ea  of  not 
guilty,  §  1016. 

Proof  of,"§  1204. 

Second   prosecution    prohibited,  §  6S7. 

Setting  aside  indictment  or  information  no  bar  to  future  prose- 
cution, §  999. 

Variance,  acquittal  on  ground  of,  §  1021. 

Verdict,  jury  i^revented  from  giying,  trial  again,  §  1141. 

Verdict  on  plea  of,  form  of,  §  1151. 

What  is  a  former  acquittal,  §  1022. 

What  not  a  former  acquittal,  §  1021. 

FORNICATION.     See  Adultery;   Prostitution. 

FOXES.     See  Game  Laws. 

Are  predatory  animals,  §  637"^4. 

FRAUD.     See  Cheat;  False  Personation;  False  Pretenses;  Mortgage. 
Agent,  false  statement  by,  punishment  of,  §  536. 

Auction,  mock,  punishment  for,  §  535. 

Bill  of  lading  in  preparing  or  subscribing,  punishment  of,  §  541. 

Bills  of  lading,  etc.,  fraudulent  issue,  §§  577-580. 

Birth  of  infant,  in  respect  to,  punishment  of,  §  156. 

Certificate,  false  issuance  by  oflScer,  a  misdemeanor,  §  167. 

Cheek,  drawing  with  knowledge  that  one  has  no  funds  or  credit, 
§  476a. 

Concealing  property  by  debtor,  punishment  of,  §  154. 

Concealing  property  by  defendant,  punishment  of,  §  155. 

Consignee,  false  statement  by,  punishment  of,  §  536. 

Conspiracy  to  defraud,  punishment  of,  §  182. 

Corporation.     See  Corporation. 

Corporation,  fraudulent  acts  of  officer  or  agent,  punishment  of, 
§  563. 

Corporation,  in  organizing  or  increasing  capital,  punishment  of, 
§558. 

Corporation,  publishing  prospectus  of,  fraud  in,  punishment  of, 
§559. 

Corporation,  unauthorized   use    of   names   in   i:)rospectus,    circular, 
etc.,  a  misdemeanor,  §  559. 

Corporations,  in  keeping  accounts   of,   punishment   of,  §  563. 

Corporations,  in  procuring  organization  of,  punishment  of,  §  558. 

Corporations,  subscriptions  of  stock,  in,  a  misdemeanor,  §  557. 

Dairy  products,  using  inaccurate  or  false  tests  as  to,  a  misde- 
meanor, §  381a. 

Debtor,  fraudulent   acts  committed  to   defraud   creditors,  punish- 
ment of,  §§  154,  155,  531. 

Deeeiying  witness,  a  misdemeanor,  §  133. 

Documents,  fraudulent  issue,  §§  577-581. 

Drawing  check  with  knowledge  one  has  not  funds  or  credits,  pun- 
ishment of,  §  476a. 

Druggist,  fraud  by,  punishment,  §  380. 

Election  frauds.     See  Elections. 

Election  officers,  fraudulent  acts  of,  punishment,  §  41. 

Elections,  fraudulent  registration,  punishment  of,  §  42. 

Evidence  fraudulently  altered,  offering,  a  felony,  §  132. 

False  imprint,  stamps,  and  labels  on  goods,  a  misdemeanor,  §  349a. 


956  JNDEX. 

FRAUD.      (Contimiod.) 

I";ils(<  maiiilVst.  invuifc,  hill  ol'  ladiii;,',  clc,  iiiiikin^  of,  |itiiiisli- 
inciit  of,  §  ij41. 

Kalse  jiedigrce,  giviiijr  to  ;iiiiinal,  a   iiiisflciiioanor,  §  "i.'JTa. 

False  ]iersoiiation,  iiiarria{;;o  iiii(lcr,  a  felony,  §  r)2S. 

False  proofs  upon  insurance  pnlicv,  luinislniieiit  fop  jirosentiiif;, 
§  549. 

False  registration   of  animals  a   misdemeanor,  §  .j;57a. 

False  reports  by  ollicers  or  agents,  a  felony,  §  564. 

False  representations  as  to  quality  or  merits  of  goods  sold  or 
advertised,  misdemeanor,  §  654a. 

False  statement  by  broker,  agent,  etc.,  punishment  of,  §  5.36. 

False  statement  to  principal,  a  misdemeanor,  §  536. 

False  weights  and  measures.     See  Weights  and  Measures. 

Gambling,  winning  at,  by  fraudulent  means,  punishment  of,  §  332. 

Indictment  or  information,  sufficiency  of,  §  967. 

Infant,  fraudulently  taking  or  enticing  away,  punishment  of, 
§278. 

Initiative  petitions,  fraud  in  a  felony,  §  472a.     See  Initiative. 

Innkeepers,  boarding-liouse  keepers,  and  lodging-house  keepers, 
defrauding,  a  misdemeanor,  §  537. 

Insolvency,  fraudulent,  §§  557-572. 

Intent  to  defraud,  sufficiency  of,  §  8. 

Invoice,  ship's  register,  protest,  etc.,  preparing  fraudulent,  pun- 
ishment of,  §  541. 

Joint-stock  company,  fraud  in  keeping  accounts  of,  punishment 
of,  §  563. 

Kidnaping  by  means  of  false  representations,  punishment  of, 
§  207. 

Labels,  false,  on  goods,  penalty,  §  349a. 

Labels  on  goods,  false,   a   misdemeanor,  §  349a. 

Labor  employed  in  producing  goods,  misrepresenting  kind  of,  pun- 
ishment  of,  §  349a. 

Labor  union,  misrepresentations  regarding  employment  of,  pun- 
ishment of,  §  349c. 

Livery-stable   keeper,   defrauding,   a    misdemeanor,  §  537b. 

Market  price,  to  affect,  a  misdemeanor,  §  395. 

Married  person  conveying  or  mortgaging  lands,  under  false  rep- 
resentations, punishment  of,  §  534. 

Misrepresentations  as  to  union  labor.  See  Labor;  Master  and 
Servant. 

Misrepresentations  or  conditions  of  employment,  punishment. 
Appendix,  tit.  "Master  and  Servant." 

Mock  auction,  obtaining  money  or  property  by,  punishment  of, 
§535. 

Mortgaged  personalty,  transfer  of,  punishment  of,  §  538. 

Officer,  false  statement  by,  a  felony,  §  564. 

Putting  in  extraneous  substances  in  goods  sold  to  increase  weight, 
punishment   of,  §  381. 

Quality  of  goods  sold,  false  statements  as  to,  punishment  of, 
§  654a. 

Recall  petitions,  fraud   in   a   felony,  §  472a.     See   Recall. 

Referendum  j^etitious,  fraud  in  a  felony,  §  472a.  See  Referendum. 

Registration  of  animals,  fraud  in,  a  misdemeanor,  §  537i/l>. 

Selling  laud  twice,  punishment  of,  §  533. 

Ship's  register,  fraud  in,  punishment   of,  §  541. 

Special  partner,  fraud  of,  a  misdemeanor,  §  358. 

Subscription  to  stock,  in,  punishment  of,  §  557. 


INDEX.  'J57 

FRAUD.      (Continued.) 

Substituting  child,  punishment  of,  §  157. 

Telegraph  or  telephone  message,  procuring  by  fraud,  punishment 
of,  §  621.  , 

Union  labor,  misrepresentations  regarding  employment  of,  pun- 
ishment of,  §  349e. 

Weights  and  measures,  false,  §§  552-555.  See  Weights  and  Meas- 
ures. 

Wine,  fraud  in  manufacture  and  sale  of.  Appendix,  tit.  ''Adul- 
teration." 

Winning  at  play  by,  punishment  of,  §  332. 

Wrecking  property  with  intent  to  defraud,  punishment  of,  §  539. 

FRAUDULENT  CONVEYANCE. 

By  debtor,  a  misdemeanor,  §§  154,  155,  531. 

By  debtor,  punishment  of,  §§  154,  155. 

Committing  acts  to  defraud  creditors,  punishment  of,  §§  154,  155, 

531. 
Penalty  for  being  party  to,  §  531. 

FRAUDULENT  INSOLVENCIES. 

By   corporations,   etc.,  §§  557-572. 

FRAUDULENT  REPRESENTATIONS.     See  Fraud. 

FREEHOLD. 

Malicious  injuries  to,  a  misdemeanor,  §  602. 
Malicious  trespass  to,  a   misdemeanor,  §§  602,   603. 

FRESNO  COUNTY. 

Act  to  protect  stock-raisers  in,  continued  in  force,  §  23. 

FUGITIVES  FROM  JUSTICE.     See  Extradition. 
Forfeitures  abolished,  §  677. 
From  this  state,  expense  of  return  of,  §  1557. 
Governor,  when  may  oii'er  reward  for,  §  1547. 
Homicide  in  arresting,  when  justifiable,  §  196. 
Keceiving  fee  for  services  in  arresting,  a  misdemeanor,  §  144. 
Kewards  for  apprehension  of,  §  1547. 

FUNDING  ACTS. 

Continued  in  force,  §  23. 

FUNDS. 

Fish  and  game  preservation  fund.  See  Fish  and  Game  Commis- 
sioners. 

FUTURE. 

Words  in  present  tense  include,  §  7. 


G 

GALLINULE.     See  Game  Laws. 

GAMBLING.     See  Gambling-House. 
Aiding,  §  337. 
Betting  upon  contests  of  skill,  speed  or  endurance,  prohibition  and 

punishment  of,  §  337a. 
Bookmaking,  prohibition  of  and  punishment  for,  §  337a. 
Card  machines,  use  of  prohibited,  §  330a. 


JJ58  INDEX. 

GAMBLING.      (Continued.) 

Dice  lia\  ing  niorp  tlian  six  fncos,  use  of,  punislinicnt  for.  §  .■?.Tnn. 

Klection,  on.  a  inisdcMnoanor,  §  (50. 

Gianies.  ])roliil)itc(l,  enuinoiation  of,  §  3i>0. 

Infant,  permitting  to  gamble  in  saloon,  a  misdemeanor,  §  336. 

Lessee    ]iern)itting   infant    to    gamble    in    saloon,   a    misdemeanor, 

§  33(5. 
Licensing,  §  337. 
Lotteries.     See  liOtteries. 
Machines,  use  of  what  prohibited,  §  330a. 
Market  price,  fraud  to  affect,  §  395. 
Officers'  duties  respecting,  §  335. 

Officers,  neglect  of  or  refusal  to  do  duty  a  misdemeanor,  §  335. 
Officers    or    otiicrs    giving   authority    to    conduct,    punishment    of, 

§  337. 
Officers   or  others  receiving  consideration   for   j)rotcction,  punish- 
ment of,  §  337. 
Officer  voting  for  ordinance  or  by-law  giving  authority  to  conduct, 

punishment  of,  §  337. 
Owner  permitting  propertv  to  be  used  for,  punishment  of,  §§  330a, 

337a. 
Permitting  by  owner  or  lessor  of  building,  punishment  of,  §§  331, 

336. 
Pool-selling,    liability    of    owner    of    premises    where    carried    on, 

§  337a. 
Pool-selling,  prohibition  of  and  punishment  for,  §  337a. 
Punishment  of,  §  330. 
Slot  machines,  use  of  prohibited,  §  330a. 

Supervisors  voting  for  ordinance  permitting,  punishment  of,  §  337. 
Winning  at  play  by  fraudulent  means,  punishment  of,  §  332. 
Witness,  no  prosecution  can  be  had  against  because  of  testimonv, 

§334. 
Witness'  not  privileged  from  testifying,  §  334. 
Witness'  refusal  or  neglect  to  attend  trial,  a  misdemeanor,  §  333. 

GAMBLING-HOUSE. 

Prevailing  upon  person  to  visit,  punishment  of,  §  318. 
Sending  infant  under  eighteen  to,  a  misdemeanor,  §  273f. 

GAME  COMMISSIONERS.     See  Fish  and  Game  Commissioners. 

GAME  LAWS. 

Abalone,  blaclj,  closed  season  for,  §  62S. 
Abalone,  black,  protection  of,  §  628. 

Abalone  caught  without  waters  of  state,  inspection  of  by  commis- 
sion and  cost  of,  §  628. 
Abalone,  caught  without  waters  of  state  not  aifected  by  act,  §  628. 
Abalone,  green,  closed  season  for,  §  628. 
Abalone,  green,  protection   of,  §  628. 

Abalone  meat,  provision  relating  to  shipment  of,  repealed,  §  628g. 
Abalone,  penalty  for  violating  statute  as  to,  §  628d. 
Abalone,  pink,  closed  season  for,  §  628. 
Abalone,  pink,  protection  of,  §  628. 
Abalone,  protection  of,  §§  628,  628g. 
Abalone,  red,  closed  season  for,  §  628. 
Abalone,  red,  protection   of,  §  628. 

Abalone  shells,  penalty  for  violating  statute  as  to,  §  628d. 
Albicore,  protection  of,  §  628e. 
Animals,  game,  killing  at  night  a  misdemeanor,  §  626m, 


iNPKx.  959 

GAME  LAWS.      (Continued.) 

Animals,  imitation  of,  use  of  .as  blinds  a  misdemeanor,  §  fi2(in. 

Animals,  may  be  used  in  hunting  or  approaching  birds,  §  626n. 

Animals,  predatory,  enumerated,  §  GSlVj. 

Animals,  predatory,  killing  in  certain  districts  without  permis- 
sion, punishment  of,  §  626s. 

Animals,  use  of  as  blinds  a  misdemeanor,  §  626n. 

Antelope,  penalty  for  taking  or  killing,  §  631c. 

Antelope,  protection  of,  §  626e. 

Artificial  obstructions  in  streams,  fish  commissioners  to  examine, 
§637. 

Badgers  are  predatory  animals,  §  6371/^. 

Bag  limits,  §  626d.     See  particular  subject. 

Barracuda,  protection  of,  §  628e. 

Bait,  use  of  salmon  or  steelhead  trout  as,  provision  repealed, 
§  632b-3. 

Bass,  black,  closed  season  for.  §  62Sb. 

Bass,  black,  penalty  for  violating  statute  as  to,  §  628d. 

Bass,  black,  protection  of,  §  628b. 

Bass,  striped,  closed  season  for,  §  628a. 

Bass,  striped,  limit  on  catch,  §  62Sa. 

Bass,  striped,  nets  for  catching,  regulation  of,  §  636. 

Bass,  striped,  penalty  for  violating  statute  as  to,  §  628d. 

Bass,  striped,  protection   of,  §  628a. 

Beach  seines,  prohibition  against  use  of,  §  6.36. 

Beaver,  protection  of,  §  620p. 

Birds,  carrier  carrying  nongame  wild  birds  within  or  beyond  con- 
fines of  state,  §  637d. 

Birds,  game,  killing  at  night  a  misdemeanor,  §  626m. 

Birds,  game,  what  birds  are,  §  637a. 

Birds,  nests  or  eggs,  right  to  take  for  science  on  certificate,  §  637e. 
See  post,  tits.  "Propagation"  and  "Science,"  this  subject. 

Birds,  nests  or  eggs  taken  for  science  under  certificate,  proceed- 
ings where  certificate  becomes  void,  §  637e. 

Birds,  netting  or  trapping  of,  §  631. 

Birds,  non-game,  killed  on  premises  not  to  be  shipped  or  sold, 
§  637a. 

Birds,  non-game,  right  to  keep  as  pets,  §  637a. 

Birds,  non-game,  right  to  kill  on  premises  where  destroying  ber- 
ries, fruits,  etc.,  §  637a. 

Birds,  non-game,  what  birds  are,  §  637a. 

Birds,  non-game,  what  birds  are  not  protected  by  statute,  §  637a. 

Birds,  particular  bird.     See  particular  subject. 

Birds,  predatory,  killing  in  certain  districts  without  permission, 
punishment  of,  §  626s. 

Birds,  predatory,  what  birds  are,  §  6371,4. 

Birds  taken  for  science  under  certificate,  proceedings  where  cer- 
tificate violated, §  637e. 

Birds,  taking  for  science  under  certificate,  §  637e. 

Birds,  wild,  catching  or  possessing,  §  637a. 

Birds,  wild,  killed  on  premises  not  to  be  shipped  or  sold,  §  637a. 

Birds,  wild,  nests  or  eggs  of,  destroying  or  possessing,  §  637f. 

Birds,  wild,  plumage,  skin,  or  body  not  to  be  sold  or  had  in  pos- 
session, §  637a. 

Birds,  wild,  protection  of,  §  637a. 

Birds,  wild,  right  to  keep  as  pets,  §  637a. 

Birds,  wild,  right  to  kill  on  premises  where  destroying  berries, 
fruit,  etc.,  §  637a, 


UGO  iNDi:x. 

GAME  LAWS.      (Continued.) 

Jiirds,   wild,  selling,  transportiiifj,   or  sliiltjiing,  S  GI^Ta. 

Birds,  wild,  what  birds  are  not  protected   by  statute,  §  G37a. 

Black  sea-brant.     See  Brant,  Black  iSea,  this  title. 

Blinds,  animals  use  of  as  a  misdemeanor,  §  62(3n. 

Blinds,    animals,    use    of    imitations    of    a    blind    a    misdemeanor, 

§  G2()n 
Blue  cranes,  capture  and   destruction   of,  §  599. 
Blue-jays  are  ])redat()ry  birds,  §  037^/^. 
Boats,  shooting  ducks  from,  what  forbidden,  §  62fio. 
Bob-white,  shooting  on  private  grounds,  penalty,  §  G27. 
Brant,  black  sea,  limit  ou  amount  that  can  be  shijiped  in  one  dav, 

§  627b. 
Brant,  black  sea,  limit  on  bags,  §  62Gd. 
Brant,  black  sea,  protection  of,  §  62Gp. 
Brant,  closed  season  for,  §  626. 
Brant,  protection  of,  §  626. 

Business  of  dealing  in  fish,  game  or  animals,  license  for,  §  630. 
Business  of  dealing  in  fish,  game,  or  animals,  register  of  purchases, 

keeping  of  and  contents  of,  §  630a. 
California  whiting,  protection  of,  §  62Se. 
Carrier,  shipments  by,  limit  on  amount  of,  §  627b. 
Carrier  to  label  shi])ments  of  game,  §  627b. 
Carrier,   transportation   of  game  out  of  state  for   propagation   or 

science,  §  627a. 
Carrier,  transportation  of  game  out  of  state,  penalty,  §  627a. 
Carrier,  transportation   of  game,  regulations  governing  a.nd  pun- 
ishment for  violating,  §  627b. 
Carriers,   carrying  non-game  birds   within   or   l)eyoud   confines   of 

state,  §  637d. 
Carriers,  regulations  governing  transportation  of  fish,  §  632a. 
Carriers,  shipping  or  transporting  wild  birds  forbidden,  §  G37a. 
Catch  of  abaloue,  in   game  district  numbers  19  and  20,  limit  on, 

§  628. 
Catch  of  black  bass,  limit  on,  §  628b. 
Catch  of  blue  gill   or  green  sunfish,  limit   on,  §  G28b. 
Catch  of  crappie,  limit  on,  §  62Sb. 
Catch  of  Pismo  clams,  limit  on,  §  62Sf. 
Catch  of  razor  clams,  limit  on,  §  628f. 
Catch  of  Sacramento  perch,  limit  on,  §  628b. 
Catch  of  shad,  limit  on,  §  628a. 
Catch  of  striped  bass,  limit  on,  §  628a. 
Catch  of  trout,  limit  on,  §  632. 
Catfish,  closed  season  for,  §  628. 
Catfish,  protection  of,  §  628. 
Cats,  ring-tail,  are  predatory  animals,  §  637i/l>. 
Cats,  wild,  are  predatory  animals,  §  6371/2- 
Certificates  to  take  birds,  nests,  or  eggs  for  science,  issuance  of, 

§  637e. 
Certificates  to  take  birds,  nests,  or  eggs  for  science,  proceedings 

on  violation,  §  637e. 
Certificates  to  take  birds,  nests,  or  eggs  for  science,  when  expire, 

§  637e. 
Chinese  shrimp  or  bag  nets,  use  of  a  misdemeanor,  §  628i. 
Chinese  shrimp  or  bag  net,  use  of  to  catch  shrimp  in  district  No. 

13  permitted,  §  62Si. 
Chinese  sturgeon  lines,  use  of  prohibited,  §  636. 
Clams,  Pismo,  limit  on  catch,  §  62Sf. 


INDEX.  961 

GAME  LAWS.      (Contiuued.) 

Clams,  i'isnio,  protection   of  §  62Sf. 

Clams,  razor,  limit  on  catch,  §  G2Sf 

Clams,  razor,  protection  of  §  628f. 

Clams,  short  neck,  protection  of,  §  (328f. 

Closed  season  for  fish  or  game.     See  particular  subject. 

Closed  season  in  particular  district.     See  particular  district. 

Cockles,  protection   of,  §  tiSSf. 

Code,  efi'ect  of  on  statutes  respecting,  §  23. 

Commissioners,  fish  and  game,  governor  appoints,  §  368. 

Coons  are  predatory  animals,  §  637 1/^. 

Cougars  are  predatory  animals,  §  637 1/^. 

Coyotes  are  predatory  animals,  §  637%. 

Crab,  closed  season  for,  §  628. 

Crabs,  penalty  for  violating  statute  as  to,  §  628d. 

Crab,   protection   of  §  628. 

Crabs,  use  of  Chinese  shrimp  or  bag  nets  to  catch  a  misdemeanor, 

§  628i. 
Cranes,  blue,  capture  and  destruction  of,  §  599 
Crane,  little  brown,  protection  of,  §  626. 
Crane,  sandhill,  protection  of,  §  626. 
Crane,  whooping,  protection  of,  §  626. 
Crappie,  closed   season   for,  §  62Sb. 
Crappie,  limit  on  catch,  §  628b. 
Crappie,  protection   of,  §  628b. 
Crawfish,  closed  season  for,  §  628. 
•Crawfish,  penalty  for  violating  statute  as  to,  §  628d. 
Croaker,   spot   fin.    protection    of,  §  62Se. 
Crustaceans  included  in  word   "fish,"  §  628f. 

Cruelty  to  animals,  provisions  relating  to  do  not  affect,  §  u99c. 
Cultivated  land,  hunting  on,  penalty,  §  627. 
Curlew,  hunting  on  private  ground,  penalty,  §  627. 
Curlew,  limit  of  amount  that  can  be  shipped  in   one  day,  §  627b. 
Curlew,  netting  or  trapping  of,  §  631. 

Curlew,  transportation  out  of  state  except  for  science  or  propaga- 
tion forbidden, §  627a. 
Dams,  fish  commissioners  to  examine,  §  637. 
Dealer  in  fish  and  game,  neglect  or  refusal  to  produce  register  a 

misdemeanor,  §  630b. 
Dealers  in  fish,  game,  mollusks  and   crustaceans,  failure  to   make 

reports  a  misdemeanor,  §  630a. 
Dealers  in  fish,   game,    mollusks    and    crustaceans,    fines    for    fail- 
ure to  report  payable  into  fish  and  game  preservation  fund, 
§  630a. 
Dealers  in     game,  fish,  mollusks  and  crustaceans  to  make  monthly 

reports  to  commission,  §  630a. 
Dealers,  wholesale,  who  are,  §  630a. 

Deer,  duty  to  retain  and  produce  pelt  and  portion  of  head,  §  626e. 
Deer,  female  pelts,  transportation  or  possession  of  a  misdemeanor, 

§  626h. 
Deer,  female,  penalty  for  taking  or  killing,  §  631e. 
Deer,  female,  protection  of,  §  626e. 
Deer,  hunting   on   private   ground,   penalty,  §  627. 
Deer,  limit   on   killing   or   possessing   during   one   season,  §  626i. 
Deer,  limit   on   number  that   may   be   shipped   into   state   during 

closed  season,  §  626i. 
Deer,  male,  closed  season  for,  §  626f. 
Pen.  Code— ?l 


962  INDEX. 

GAME  LAWS.      (Continued.) 

Ut'cr,  nialo,   ]iiotei'tion    of,  §  ()2Gf. 

Deer  meat,  possession  ol'  during  closed  season,  a  misdemeanor, 
§  62(jf. 

Deer  on  Mt.  Diablo,  act  to  jirevent  destruction  of.  Appendix, 
tit.  "Game  Laws." 

Deer,  only  two  may  bo  killed  in  one  season,  §  G26i. 

Deer,  pelts,  affidavit  of  killing  deer  and  issuance  of  tag  for  pelt. 
§  ()2l)h. 

Deer,  pells,  affidavit  of  killing  of  deer,  false  statement  in  a  mis- 
tlemeanor,  §  G2()h. 

Deer,  pelts,  affidavit  of  killing  deer,    fee    for    taking,  §  626h. 

Deer,  pelts,  affidavits  of  killing  deer,    who   may   take,  §  626h. 

Deer,  pelts,  buying,  selling  of  transporting,  when  not  tagged  a 
misdemeanor,  §  62(ih. 

Deer,  pelts,  fines  or  forfeitures  for  violation  of  law  paid  to  fish 
and  game   preservation  fund,  §  62Gh. 

Deer,  pelts,  from  which  evidence  of  sex  removed,  transporta- 
tion or  possession  of  a  misdemeanor,  §  626h. 

Deer,  pelts,  issuance  of  tags  for  and  limit  upon  number,  §  626h. 

Deer,  pelts,  penalty  for  violating  provisions  of  law  as  to,  §  ()2Gh. 

Deer  pelts,  provisions  as  to  do  not  apply  to  deer  killed  in 
foreign  country,  §  626h. 

Deer,  pelts,  purchasing    or   selling   a    misdemeanor,  §  626h. 

Deer,  jielts,  spotted  fawn,  transportation  or  possession  of  a  misde- 
meanor, §  626h. 

Deer,  pelts,  tagged,  right  to  transport  and  sell,  §  G2Gh. 

Deer,  pelts,  tagging  of,  §  G26h. 

Deer,  pelts,  tags  for,  counterfeiting  or  altering  a  misdemeanor, 
§  626h. 

Deer,  pelts,  tags    for,  design,  form  of  and  number  of,  §  62Gh. 

Deer,  pelts,  tags  for,  issuance   of   and   receipts   for,  §  626h. 

Deer,  pelts,  tags  for,  time  within  which  to  be  issued,  §  G2Gh. 

Deer,  pelts,  tags  possession  of  unattached  a  m.isdemeanor,  §  G2Gh. 

Deer,  pelts,  tags,  unused  to  be  returned  to  fish  commissioners, 
§  626h. 

Deer,  pelts,  tags,  wrongfully  attaching  to  pelt  a  misdemeanor, 
§  626h. 

Deer,  pelts,  tanner  purchasing  to  punch  holes  in  tags,  §  626h. 

Deer-pelts  transporting  from  state  forbidden,  §  627a. 

Deer  shipped  from  another  state  or  country,  possession  during 
closed  season  a  misdemeanor,  §  G26f 

Deer,  spiked  buck,  what  deemed  to  be,  §  626e. 

Deer,  spotted  buck,  protection  of,  §  626e. 

Deer,  spotted  fawn,  pelts,  transportation  or  possession  of  a  mis- 
demeanor, §  G2Gli. 

Deer,  spotted  fawn,  protection  of,  §  626e. 

Deer,  tracking   with    more    than    one   dog   a    misdemeanor,  §  626j. 

Deer,  transportation  from  state  except  for  science  or  propagation, 
§  627a. 

District  No.  1,  nets,  use   of  in   a   misdemeanor,  §  636. 

District  No.  1,  trout,  closed  season  for,  §  632. 

District  No.  1,  trout,  cut-throat,  black  spotted  or  Tahoe,  right 
to  catch,  buy  or  sell  in,  §  632. 

District  No.  1,  trout  protection  of  in,  §  632. 

District  No.   1,  white  fish,  closed  season   for,   in,  §  632. 

District  No.   1,  white  fish,  protection   of,  §  632. 

District  No,  2,  cleer,  raal?,  closed  season  for  §  626f. 


INDEX.  963 

GAME  LAWS.      (Coutiuued.) 

District  No.  2,  deer,  male,  protection    of,    in,  §  626f. 

District  No.  2,  deer,  male,  shipped  from  another  state  or  country, 

possession  of  a  misdemeanor,  §  (i26t'. 
District   No.   2,   deer   meat,   possession   of   during  closed   season   a 

misdemeanor,  §  62tif. 
District  No.  2,  grouse,  closed  season  for,  §  626. 
District  No.  2,  grouse,  protection  of  in,  §  626. 
District  No.  2,  nets,  use  of  in  a  misdemeanor,  §  636. 
District  No.  2,  quail,  mountain,  closed    season    for,  §  026. 
District  No.  2,  quail,  mountain,  protection    of   in,  §  626. 
District  No.  2.  trout,  closed  season  for,  §  632. 
District  No.  2.  trout,  protection  of  in,  §  632. 
District  No.  2,  trout,  right  to  take  by  hook  and  line  in,  §  632. 
District  No.  3,  bass,    black,    jirotection    of,  §  628b. 
District  No.  3,  deer,  male,  closed   season   for,  §  626f. 
District  No.  3,  deer  male,  protection  of  in,  §  626f. 
District  No.  3,  deer,  male,  shipped  from  another  state,  possession 

of  a  misdemeanor,  §  6261'. 
District   No.   3,   deer   meat,   possession   of   during   closed   season   a 

misdemeanor,  §  626f. 
District  No.  3,  grouse,  closed  season  for,  §  620. 
District  No.  3,  grouse,   protection    of   in,  §  626. 
District  No.  3,  nets,  use  of  in,  a  misdemeanor,  §  636. 
District  No.  3,  quail,  mountain,   closed  season  for,  §  626. 
District  No.  3,  quail,  mountain,  protection  of  in,  §  626. 
District  No.  3,  trout,  closed  season  for,  §  632. 
District  No.  3,  trout,  protection  of  in,  §  632. 
District    No.  4,  bass,  black,  protection  of,  §  62Sb. 
District  No.  4,  deer,  male,  closed  season  for,  §  626f. 
District  No.  4,  deer,  male,  protection  of,  §  626f. 
District  No-  4,  deer,  male,  shipped  from  another  state  or  country, 

possession  of  during  closed  season  a  misdemeanor,  §  626f. 
District  No.  4,  deer   meat,   possession   of   during   closed   season   a 

misdemeanor,  §  626f. 
District  No.  4,  grouse,  closed  season  for,  §  026. 
District  No.  4,  grouse,  protection  of  in,  §  620. 
District  No.  4,  nets,  use  of  in  a  misdemeanor,  §  030. 
District  No.  4,  quail,  mountain,  closed  season  for,  §  626. 
District  No.  4,  quail,  mountain,  protection  of,  in,  §  626. 
District  No.  4,  trout,  closed  season  for,  §  632. 
District  No.  4,  trout,  protection  of  in,  §  632. 
District  No.  4,  white  fish,  closed  season  for,  §  632. 
District  No.  4,  white  fish,  protection  of  in,  §  632. 
District  No.  5,  clam,  protection  of  in,  §  028f. 
District  No.  5,  crab  nets,  use  of  in,  §  630. 
District  No.  5,  salmon,    closed   season   for    catching   except    with 

spear  or  hook  and  line,  §  634. 
District  No.  5,  salmon,  nets  for  catching,  size  of  meshes,  §  634. 
District  No.  5,  steelhead  trout,  right  to  take  by  nets  and  sell  in, 

§  632. 
District  No.  5,  trout,  closed  season  for,  §  032. 
District  No.  5,  trout,  protection  of  in,  §  632. 
District  No.  5,  trout,  steelhead,  right  to  take  in,  §  634. 
District  No.  5,  white  fish,  closed  season  for,  §  632. 
District  No.  5,  white  fish,  protection  of  in,  §  032. 
District  No.  6,  clams,  protection  of  in,  §  628f. 
District  No.  6,  crab  nets,  use  of  in,  §  636, 


964  INDEX. 

GAME  LAWS.      (CoiitiiuRMl.) 

District  No.  G,  .salinon  catcliiiig  betwecu  C  A.  M.  and  7:30  P.  M. 

with   nets   bet  ween   Aii;;iist   1st   and   September   1st   a    misdc- 

nioanor,  §  1)31. 
District  No.  6,  salmon,  catciiing  with  nets,  size  of  meshes,  §  634. 
District   No.  (5,  salmon,    closed    season    for    catching    except    with 

spear,  hook  and  line,  §  (i.'M. 
District  No.  (i,  steellioad  trout,  right  to  take  bj'  nets  and  sell  in, 

§  (J32. 
District  No.  6,  trout,  closed  season  for,  §  (i32. 
District  No.  6,  trout,  protection  of  in,  §  fi32. 
District  No.  6,  trout,  steelhead,  right  to  take  in,  §  (J34. 
District  No.  6,  white  fish,  closed  season  for,  §  632. 
District  No.  6,  Avhite  fish,  protection  of  in,  §  632. 
District  No.  7,  clams,  protection  of  in,  §  G28f. 
District  No.  7,  crab  nets  use  of  iu,  §  636. 
District  No.  7,  salmon,    closed    season    for    catciiing    except    with 

spear  or  hook  and  line,  §  634. 
District  No.  7,  salmon,  nets  for  catching,  size  of  meshes,  §  631. 
District  No.  7,  steelhead  trout,  right  to  take  bv  nets  and  sell  in, 

§  632. 
District  No.  7,  trout,  closed  season  for,  §  632. 
District  No.  7,  trout,  protection  of  in,  §  632. 
District  No.  7,  trout,  steelhead,  right  to  take  in,  §  634. 
District  No.  7,  white  fish,  closed  season  for,  §  632. 
District  No.  7,  white  fish,  protection  of  in,  §  632. 
District  No.  8,  clams,  protection  of  in,  §  628f. 
District  No.  8,  crab  nets,  use  of  in,  §  636. 
District  No.  8,  crab,  protection  of  in,  §  628f. 
District  No.  8,  salmon,    closed    season    for    catching    except   with 

spear  or  hook  and  line,  §  634. 
District  No.  8,  salmon,  nets  for  catching,  size  of  meshes,  §  634. 
District  No.  8,  steelhead  trout,  right  to  take  bv  nets  and  sell  in, 

§  632. 
District  No.  8,  trout,  closed  season  for'  §  632. 
District  No.  8,  trout,  protection  of  in,  §  632. 
District  No.  8,  trout,  steelhead,  right  to  take  in,  §  634. 
District  No.  8,  white  fish,  closed  season  for,  §  632. 
District  No.  8,  white  fish,  protection  of  in,  §  632. 
District  No.  9,  beach  seines,  use  of  in,  §  636. 
District  No.  9,  circle,   seine,   purse   or  lampara   net   may   be   used 

in,  §  636. 
District  No.  9,  clams,  protection  of  in,  §  628f. 
District  No.  9,  crab  nets,  use  of  in,  §  636. 
District  No.  9,  crab  protection  of  in,  §  628f. 
District  No.  9,  salmon,    closed    season   for    catching   except   with 

hook  and  line,  §  634. 
District  No.  9,  salmon,  nets  for  catching,  size  of  meshes,  §  634. 
District  No.  9,  steelhead  trout,  right  to  take  bv  nets  and  sell  in, 

§  632. 
District  No.  9,  trout,  closed  season  for,  §  632. 
District  No.  9,  trout,  protection  of  in,  §  632. 
District  No.  9,  trout,  steelhead,  right  to  take  in,  §  634. 
District  No.  9,  white  fish,  closed  season  for,  §  632. 
District  No.  9,  white  fish,  protection  of  in,  §  632. 
District  No.  10,  circle  seine,  purse  seine  or  lampara  net  may  be 

used  in,  §  636. 
District  No.  10,  crab  nets,  use  of  iu,  §  636. 


INDEX.  965 

GAME  LAWS.     (Continued.) 

District   No.   10,  nets  use  of  in,  §  (Jo(j. 

District  No.   10,  trout,  oloseil   season   for,  §  63ll. 

District  No.  10,  trout,  protection  of  in,  §  632. 

District  No.  11,  beach  seines,  use  of  in,  §  636. 

DistJict  No.  11,  circle  seine,  purse  seine  or  lampara  net  may  be 
used  in,  §  636. 

District  No.  11,  crab  nets,  use  of  in,  §  636. 

District  No.  11,  trout,  closed  season  for,  §  632. 

District  No.  11,  trout,  protection  of  in,  §  632. 

District  No.  12,  beach  seines,  use  of  in,  §  636. 

District  No.  12,  circle  seine,  purse  seine  or  lampara  net  may  be 
used  in,  §  636. 

District  No.  12,  crab  nets,  use  of  in,  §  636. 

District  No.  12,  fyke  nets,  not  complying  with  requirement,  cat- 
fish caught  in  to  be  returned  to  water  alive,  §  636. 

District  No.  12,  fyke  nets,  right  to  use  for  catfish,  carp,  pike  hard- 
head, split-tails  or  suckers,  §  636. 

District  No.  12,  salmon,  closed  season  for  catching  except  with 
spear  or  hook  and  line,  §  634. 

District  No.  12,  trout,  closed  season  for,  §  632. 

District  No.  12,  trout,  protection  of  it,  §  632. 

District  No.  12a,  beach  seines,  use  of  in,  regulation  of,  §  636. 

District  No.  13,  beach  seines,  use  of  in,  §  636. 

District  No.  13,  Chinese  shrimp  or  bag  net  may  be  used  to  catch 
shrimp,  §  628i. 

District  No.  13,  circle  seine,  purse  seine  or  lampara  net  may  be 
used  in,  §  636. 

District  No.  13,  crab  nets,  use  of  in,  §  636. 

District  No.  13,  trout,  closed  season  for,  §  632. 

District  No.  13,  trout,  protection  of  in,  §  632. 

District  No.  14,  nets,  use  of  in   a   misdemeanor,  §  636. 

District  No.  14,  taking,  catching  or  killing  fish  in  any  manner,  a 
misdemeanor,  §  636. 

District  No.  14,  trout,  closed  season  for,  §  632. 

District  No.  14,  trout,  protection  of  in,  §  632. 

District  No.  15,  salmon,  closed  season  for  catching,  §  634. 

District  No.  15,  trout,  closed  season  for,  §  632, 

District  No.  15,  trout,  protection  of  in,  §  632. 

District  No.  16,  circle  seine,  purse  seine  or  lampara  net,  use  of  in, 
§  636. 

District  No.  16,  trout,  closed  season  for,  §  632. 

District  No.   16,  trout,  pirotection  of  in,  §  632. 

District  No.  17,  circle  seine,  purse  seine  or  lamapa  net  may  be 
used  in,  §  636. 

District  No.  17,  crab  nets,  use  of  in,  §  636. 

District  No.  17,  trout,  closed  season  for,  §  632. 

District  No.  17,  trout,  protection  of  in,  §  632. 

District  No.  18,  circle  seine,  purse  seine  or  lampara  net  may  be 
^ised  in,  §  636. 

District  No.   18,  crab  nets,  use  of  in,  §  636. 

District  No.  18,  nets,  use  of  in,  §  636. 

District  No.  18,  trout,  closed  season  for,  §  632. 

District  No.  IS,  trout,  protection  of  in,  §  632. 

District  No.  19,  abalone,  protection  of,  §  628. 

District  No.  19,  beach  seines,  regulation  of  use  of  in,  §  636. 

District  No.  19,  beach  seine,  use  of  for  smelt  in,  §  636. 

District  No.  19,  California  whiting,  protection  of  in,  §  628e. 


OGG 


INDEX. 


Ill  ISO   spino    or   l;iin|i;ii  ;i    ml    nuiy    1) 


ampara  net   may  be 


GAME  LAWS,      (('out  iinn'.l.) 
District    No.    IS*,   ciicli'   sci 

used  in,  §  ()■?(>. 
District  No.   10,  crab  nets,  uso  of  in,  S  (VMt. 
District  No.  19,  crawfish  traps.  nsi>  of  in,  §  G36. 
District  No.  19,  nets,  nse  of  in,  §  fiSfi. 
District  No.   19,  paranzolla    or    trawl    nets,    use   of    in    forbiilden, 

§  (536 1/.. 
District  No.  19,  jiaranzella   or   trawl   nets,   use   of   in,  punishment 

for,  §  G361/... 
District  No.  19,  spot  fin  croaker,  protection   of  in,  §  G28e. 
District  No.  19,  surf  fish,  protection  of  in,  §  628e. 
District  No.  19,  trout,  closed  season  for,  §  632. 
District  No.  19,  trout,  protection  of,  in,  §  632. 
District  No.  19,  white  fish,  closed  season  for,  §  632. 
District  No.  19,  wliite  fish,  protection   of,  in,  §  632. 
District  No.  19,  yellow  fin,  protection   of  in,  §  628e. 
District  No.  20,  abalone,  limit  on  catch,  §  628. 
District  No.  20,  abalone,  protection  of,  §  628. 
District  No.  20,  nets,  use  of  in  a  misdemeanor,  §  636. 
District  No.  21,  circle  seines  or  blanket  nets,  use  of  in,  §  636. 
District  No.  21,  trout,  closed  season  for,  §  632. 
District  No.  21,  trout,  protection  of  in,  §  632. 
District  No.  21,  white  fish,  closed  for,  §  632. 
District  No.  21,  white  fish,  protection  of  in,  §  632. 
District  No.  22,  beach   seines,  use   of,  in,  §  636 
District  No.  22,  circle  seine,  purse  seine  or 

used  in,  §  636. 

District  No.  23,  nets,  use   of  in   a   misdemeanor,  §  636. 
District  No.  23,  trout,  catching  within  certain  distances  of  mouths 

of  streams  unlawful,  §  632. 
District  No.  23,  trout,  closed  season  for,  §  632. 
District  No.  23,  trout,  cut  throat,  black  spotted   or  Tahoe,  right 

to  catch,  buy  and  sell  in,  §  632. 
District  No.  23,  trout,  protection  of  in,  §  632. 
District  No.  23,  white  fish,  protection  of  in,  §  632. 
District  No.  24,  nets,  use  of  in  a  misdemeanor,  §  636. 
District  No.  24,  protection   of  wild   birds   and    animals   in,  §  626s. 
District  No.  24,  trout,  closed  season  for,  §  632. 
District.  No.  24,  trout,  protection  of  in,  §  632. 
District  No.  24,  white  fish,   closed   season   for,  §  632. 
District  No.  24,  white  fish,  protection  of  in,  §  632. 
District  No.  25,  nets,  use  of  in  a  misdemeanor,  §  636. 
District  No.  25,  protection  of  wild  birds  and  animals  in,  §  626s. 
District  No.  25,  trout,  closed   season  for,  §  632. 
District  No.  25,  trout,  protection  of  in,  §  632. 
District  No.  26,  nets,  use  of  in  a  misdemeanor,  §  636. 
District  No.  26,  protection   of  wild   birds   and   animals   in,  §  626s. 
District  No.  26,  trout,  closed  season  for,  §  632. 
District  No.  26,  trout,  protection  of  in,  §  632. 
District  No.  26,  white  fish,  closed  season  for,  §  632. 
District  No.  26,  white  fish,  protection  of  in,  §  632. 
District  No.  27,  nets,  use  of  in  a  misdemeanor,  §  QS6. 
District  No.  27,  protection  of  wild  birds  and  animals  in,  §  626s. 
District  No.  27,  trout,  closed  season  for,  §  632. 
District  No.  27,  trout,  protection  of  in,  §  632. 
District  No.  28,  nets,  use  of  a  misdemeanor,  §  636. 
District  No.  28,  protection  of  wild  birds  and  animals  in,  §  626s. 


District 

No. 

28, 

District 

No. 

28, 

District 

No. 

28, 

District 

No. 

28, 

District 

No. 

28, 

District 

No. 

29, 

District 

No. 

29, 

INDEX.  967 

GAME  LAWS,      (Contiuued.) 

28,  trout,  closed  season  for,  §  632. 
trout,  protection   of  in,  §  632. 
water-fowl  in,  right  to  hunt  in,  §  626s. 
white  fish,  closed  season  for,  §  632. 
white  fish,  protection  of  in,  §  632. 
nets,  use  of  in  a  misdemeanor,  §  636. 
protection  of  wild  birds  and  animals  in,  §  626s. 

District  No.  29,  trout,  closed  season  for,  §  632. 

District  No.  29,  trout,  protection  of  in,  §  632. 

District  No.  29,  white  fish,  closed  season  for,  §  632. 

District  No.  29,  white  fish,  protection   of  in,  §  632. 

Districts  south  of  northern  boundary  of  Mendocino  county,  grouse, 
closed  season  for,  §  626. 

Districts  south  of  northern  boundary  of  Mendocino  county,  grouse, 
protection  of  in,  §  626. 

Districts  south  of  northern  boundary  of  Mendocino  county,  quail, 
mountain,  closed  season  for,  §  626. 

Districts  south  of  northern  boundary  of  Mendocino  county,  quail, 
mountain,  protection  of  in,  §  626. 

Ditches,  screens  to  be  placed  at  inlet  of,  §  629. 

DoUv  varden  trout,  right  to  purchase,  possess  or  ship  with  invoice, 
"^g  634. 

Dogs,  use  of  more  than  one  in  trailing  deer,  forbidden,  §  626j. 

Doves,  closed  season,  §  626a. 

Doves,  hunting  on  private  property,  penalty,  §  627. 

Doves,  limit  on  amount  that  can  be  shipped  in  one  day,  §  627b. 

Doves,  limit  on  bags,  §  626d. 

Doves,  possession  during  closed  season,  §  626a. 

Doves,  protection  of,  §  626a. 

Doves,  transportation  out  of  state  except  for  science  or  propaga- 
tion forbidden,  §  627a. 

Duck,  closed  season  for,  §  626. 

Duck,  hunting  on  private  propert}',  penalty,  §  627. 

Duck,  limit  of  amount  that  can  be  shipi^ed  in  one  day,  §  627b. 

Duck,  limit  on  bags,  §  626d. 

Duck,  netting  or  trapping  of,  §  631. 

Duck,  protection  of,  §  626. 

Duck,  sale  of,  what  permitted,  §  626k. 

Duck,  shooting  from  launch  in  motion  forbidden,  §  626o. 

Duck,  transportation  out  of  state,  except  for  science  or  propaga- 
tion, forbidden, §  627a. 

Duck,  wild,  netting  or  trapping,  penalty,  §  631. 

Duck,  wood,  protection  of,  §  626. 

Effect  of  code  on  statutes  respecting,  §  23. 

Eggs,  certificate  to  take  for  science,  issuance,  expiration  and  vio- 
lation of,  §  637e. 

Eggs,  destroying  or  possessing,  §§  626b,  637f. 

Eggs,  wild  birds,  of,  protection  of,  §  637f. 

Elk,  killing  a  felony,  §  699f. 

Elk,  penalty  for  taking  or  killing,  §  631c. 

Enumeration  of  game  birds,  §  637a. 

Exhibition,   taking   seals   or   sea-lions   in   Santa   Barbara   channel 
for,  §  637c. 

Explosives  in  fishing,  punishment  for  using,  §  635. 

Explosives,  possession  of  fish  destroyed  by,  punishment  of,  §  635. 

False  Bay,  act  to  prevent  taking  of  fish,  by  means  of  weirs,  dams, 
nets,  traps,  or  seines  in.     Appendix,  tit.  "Fish.'' 


1)(J8  INDEX. 

GAME  LAWS.      (Continiioil.) 

I'ct"  lOr  license  to  rsiise  frjiiin'  ;iiiiiii;ils  or  l)ii(ls,  S  OMliI,  Milxl.   ]. 
l•'ee^s    I'or    tuf^ging    ;iMiin;ils    nr    Mids    liv    j^aim'    coiiimissioii,  §  (iii  Id, 

siibd.  ]2. 
Finch,  house,  is  a  predatoiw  l)ird,  §  (537 Vj. 
Fines  and  forfeitures  for  failure  of  dealers  in  fish,  game,  etc.,  to 

report  i)a3al)lc  to  fish  and  game  preservation  fund,  §  (JiiUa. 
Fines  and  forfeitures  for  \iolation  of  law  as  to  deer  pelts  paid  to 

fish  and  game  preser\ation  fund,  §  (il'Uli. 
Fines   and   forfeitures   for   violating   game  laws,  paid  to   fish   and 

game  preservation  fund,  §§  CJL'Cih,  (52Gk,  G28d,  628h,  G29,  63Ua, 

(i31b,  (i;51d,  subd.  9,   ()32a,  6o2b,   C33,  634,  6341/2,   635,  6851/2, 

636,  636b,  6361/2,  637. 
Fines  for  failure  to  erect  screens  before  canals,  ditclies,  flumes, 

etc.,  paid  to  fish  commission,  §  629. 
Fines   for   violation   of   law   where   license   issued   to    raise   game 

animals  or  birds,  §  631d,  subd.  13. 
Fish,   acts   for    protection    of   fish    in    certain    streams    and    lakes 

enumerated.     See  Fish. 
Fish,    catching   from   pond,    reservoir,    or    stream    with    hatchery, 

62Sc. 
Fish,  catching  in  private  pond  or  reservoir,  §  628c. 
Fish  commission,  catching  fish  in  reservoir  or  pond  controlled  by, 

penalty,  §  62Sc. 
Fish  commission  fund,  payment  of  fines  into,  §§  626h,  626k,  628d, 

628h,  629,  630,  631b,  631d,  subd.  9,  632a,  632b,  633,  634,  634M., 

635,  6351/2,  636,  6861/2,  636b,  637. 
Fisli  commissioners  to  e.xamine  dams  and  obstructions  in  rivers, 

§  637. 
Fish  commissioners  to  notify  owners  to  construct  fishways,  §  637. 
Fishers  are  predatory  animals,  §  6871'^. 

Fish  hatchery,  catching  fish  in  stream  where  located,  §  628c. 
Fish  hatchery,   catching  fish  in  stream  where  located  other  than 

by  hook  and  line,  §  62Sd. 
"Fish"  includes  all  crustaceans  and  moUusks,  §  628f. 
Fishing   near    Santa    Catalina    island    limited    to    hook    and    line, 

§  6341/2. 

Fishing  nets,  seines,  or  lines,  what  unlawful,  §  636a.  See  "Nets,"' 
post,  this  title. 

Fish,  prohibitions  as  to,  apply  whether  fish  taken  in  state  or  im- 
ported, §  637b. 

Fish,  regulations  governing  transportation,  §  632a. 

Fish,  right  of  state  fish  commission  to  take,  §§  628c,  638. 

Fish,  right  of  United  States  fish  commission  to  take,  §§  628c,  633. 
See  post,  tits.  "Propagation"  and  "Science,"  this  title. 

Fish,  screens  at  inlet  of  irrigating  ditch,  mill-race,  etc.,  §  629. 

Fish  unsuitable  for  sale  to  be  returned  to  water  alive,  §  628i. 

Fish,  use  of  Chinese  slnimp  or  bag  nets  to  catch  a  misdemeanor, 
§  628i. 

Fish,  young,  catching  and  not  returning  to  water,  §  628e. 

Fish,  young,  catching  by  seine,  §  62Sc. 

Fish,  young,  fresh  or  dried,  offering  for  sale,  §  628c. 

Fish,  young,  possession  or  sale  of,  §  628c. 

Fishways,  authority  of  fish  and  game  commission  as  to,  §  637. 

Fishways,   construction  of,  duty  as  to,  §  637. 

Fishways,  duty  to  construct  over  dams  and  artificial  obstructions 
of  waterways,  §  637. 

Fishwavs,  duty  to  keep  open  and  free  from  obstructions,  §  637. 


INDEX.  969 

GAME  LAWS.      (Continued.) 

Fisliways,  fines  for  violation  of  law  relating  to  paid  to  fish  and 
game  preservation  fund,  §  637. 

Fishways,  injury  to,  obstruction  or  destruction  of,  §  637. 

Fishways,  necessity  of,  hearing  before  commission  as  to  and  pro- 
cedure on,  §  637. 

Fishways,  necessity  for,  hearing  before  commission  on,  powers  of 
commissioners,  §  637. 

Fishways,  notifying  owners  to  construct,  §  637. 

Fishways,  ordering  building  of  by  fish  and  game  commissioners, 
§637. 

Fishways  or  ladders,  penalties  for  not  keeping,  §  637. 

Fishwavs,  penalty  for  catching  fish  within  three  hundred  feet  of, 
§  637. 

Fishways,  penalty  for  not  keeping  open  or  repairing,  §  637. 

Fishways,  penalty  for  obstruction  of  or  injury  to,  §  637. 

Fishways,  provision  for  water  passing  through  sufficient  to  main- 
tain fish,  §  637. 

Fishways,  punishment  for  violation  of  provisions  relating  to, 
§637. 

Fishways,  streams  frequented  by  migrator}'  fish,  in,  §  637. 

Foxes  are  predatory  animals,  §  637 M.*- 

Gallinule,  closed  season  for,  §  626. 

Gallinule,  protection  of,  §  626. 

Game  birds,  non-game  birds,  what  birds  are,  §  637a. 

Game  birds,*what  birds  are,  §  637a. 

Game  birds.     See  ante,  "Birds,"  this  title. 

Game  birds,  particular  bird.     See  particular  subject. 

Game  commission,  receipts  from  sale  of  animals  or  birds,  disposi- 
tion of,  §  631d,  subd.  9. 

Game  commissions,  right  to  take  fish  for  science  or  propagation, 
§  6341/0. 

Game  commission,  right  to  trap  game  to  dispose  of  for  domestica- 
tion or  propagation,  §  631d,  subd.  8. 

Game  preservation  fund,  creation  of,  §  631b. 

Game  preservation  fund,  disposition  of,  §  631b. 

Game,  preservation  fund,  payment  of  fines  into,  §§  626h,  626k,  628d, 
628h,  629,  630a,  631b,  631d,  subd.  9,  632a,  632b,  633,  631,  634iL', 
635,  6351/2,  636,  636b,  6361/.,  (337. 

Game,  prohibitions  in  statute  apply  whether  game  taken  in  state 
or  imported,  §  637b. 

Geese,  closed  season  for,  §  626. 

Geese,  honker,  limit  on  bags,  §  626d. 

Geese,  limit  on  bags,  §  626d. 

Geese,  protection  of,  §  626. 

Golden  trout,  fish  commission  of  state  and  United  States  may  take 
for  science  or  propagation,  §  633. 

Golden  trout.     See  post,  Trout,  this  title. 

Gophers,  are  predatory  animals,  §  637i/>. 

Grouse,  closed  season  for,  §  626. 

Grouse,  hunting  on  private  property,  penalty,  §  627. 

Grouse,  limit  on  amount  that  can  be  shipped  in  one  day,  §  627b. 

Grouse,  limit  on  bags,  §  626d. 

Grouse,  netting  or  trapping  of,  §  631. 

Grouse,  netting  or  trapping,  penalty,  §  631. 

Grouse,  protection  of,  §  626. 

Grouse,  transportation  out  of  state  except  for  science  or  pro|>aga- 
tion  for])idden,  §  627:i. 


970  INDEX. 

GAME  LAWS.      (Coiitiiuioi].) 

Gulls,  protection  of,  §  599. 

Halibut,  southern,  l)astar(I  or  cliickcn,  ])rote('tion  of,  §  (Jl'Sc. 

Hawk,  Coopers,  is  a  predatory  bird,  §  ()H7'/_>. 

Hawk,  duck,  is  a  predatory  bird,  §  fi^iT 'A. 

Hawk,  sliarp-shinnod,  is  a  jirediitory  bird,  §  637^X>. 

House  finch  is  a  i)redatory  bird,  §  (i37Vj. 

Hunting  on  inclosed  or  cultivated  land,  penalty,  §§  384c,  627.  Ap- 
pendix, tit.  "Fences  and  Inclosures." 

Hunting  on  inclosed  or  cultivated  land  without  permission,  for- 
bidden, §§  ()()2,  627.     Appendix,  tit.  "Fences  and  Inclosures." 

Hunting,  signs  prohibiting,  how  often  to  be  posted,  §  627. 

Hunting,  signs  prohibiting,  tearing  down,  §  627. 

Ibis,  bunting  on  private  ground,  penalty,  §  627. 

Ibis,  limit  on  amount  that  can  be  shipped  in  one  day,  §  627b. 

Ibis,  netting  or  trapping  of,  §  631. 

Ibis,  transportation  out  of  state  except  for  science  or  propagation 
forbidden, §  627a. 

Ice,  fishing  through  ice  forbidden,  §  632(4). 

Imported,  statutory  prohibitions  apply  where  fish  or  game  is, 
§  637b. 

Imprisonment  for  use  of  explosives,  §  635. 

Imprisonment  for  violation  of,  §§  626q,  626s,  628d,  628h,  629,  631a, 
631c,  632a,  632b,  633,  634,  634yo,  635,  636,  636i/,,  637c. 

Inclosed  land,  hunting  on,  penalty,  §  627.  Appendix,  tit.  "Fences 
and  Inclosures." 

Inclosed  land,  killing  animal,  while  hunting  on,  §  384c. 

Injury   to  oysters  or  shellfish   nlanted   a  misdemeanor,  §  602. 

Irrigating  ditch,  screens  to  be  put  at  inlet  of,  §  629. 

Killing  game  at  night  forbidden,  §  626m. 

Klamath  Eiver,  limits  of  tide-water  in,  §  634. 

Labeled,  shipments  of  ^ame  to  be,  §  C27b. 

Launch,  shooting  ducks  from,  what  forbidden,  §  626o. 

License  necessary  to  carry  on  business  of  dealing  in  fish  or  game, 
§  630'. 

License  to  raise  game  animals  or  birds,  fees  for  tagging,  §  631d, 
subd.  12. 

License  to  raise  game  animals  or  birds,  issuance  of,  §  631d. 

License  to  raise  game  animals  and  birds,  reports  by  licensee, 
§  631d,  subd.  6. 

License  to  raise  game  animals  or  birds,  right  to  kill  in  case  of, 
§  631d,  subd.  2. 

.License  to  raise  game  animals  or  birds,  sale  of,  regulations  gov- 
erning, §  631cl,  subds.  3-7. 

License  to  raise  game  animals  or  birds,  revocation  of,  §  63^, 
subd.  11. 

License  to  raise  game  animals  or  birds,  tagging  of  animals  trans- 
ported or  sold  and  report  on,  §  631d,  subd.  3;  §  631d,  subd.  4. 

License  to  raise  game  animals  or  birds,  transportation,  regula- 
tions governing,  §  631d,  subd.  3;  §  631d,  subd.  4. 

Limicolfp,  limit  on  amount  that  can  be  shipped  in  one  day,  §  627b. 

Limicolfe,  transporting  out  of  state,  except  for  science  or  propaga- 
tion, forbidden,  §  627a. 

Limit  on  amount  of  game  that  can  be  shipped,  §  627b. 

Limit  on  bags.  See  ante,  "Bags,"  this  title;  also  the  particular 
subject. 

Limit  on  catch.     See  ante.  Catch,  this  title. 

Lines,  Chinese  sturgeon  lines,  use  of  forbidden,  §  636. 


INDEX.  971 

GAME  LAWS.      (Continued.) 

Lines,  use  of,  proliibitiong  and  regulations  as  to,  §  636. 

Lines,  use  of  what  proliibited,  §  636. 

Lines,  violation  of  provisions  as  to,  punishment  of,  §  636. 

Line,  when  a  set  line,  §  636. 

Linnet,  California,  is  a  predatory  bird,  §  637  Vj- 

Lobster,  closed  season  for,  §  628. 

Lobster,  penalty  for  violating  statute  as  to,  §  62Sd. 

Lobster,  protection  of,  §  628. 

Lobster,  spiny,  caught  without  waters  of  state,  inspection  of  by 
commission  and  cost  of,  §  628. 

Lobster,  spiny,  caught  without  waters  of  state  not  affected  by 
act,  §  628. 

Lobster,  spiny,  protection  of,  §  628. 

Martins  are  predatory  animals,  §  6371/4. 

Meadow-larks  killed  on  premises  not  to  be  shipped  or  sold,  §  637a. 

Meadow-larks,  right  to  kill  on  premises  were  destroying  berries, 
fruits,  etc.,  §  637a. 

Merdocino  count}',  act  to  prevent  taking  fish  by  means  of  weirs, 
dams,  nets,  trajis  or  seines  in  certain  streams  in.  Appendix, 
tit.  "Fish." 

Mocking-birds  and  their  nests,  protection  of.  Appendix,  tit. 
"Game  Laws." 

Mice  are  predatory  animals,  §  Q3T^/2- 

Minks  are  predatory  animals,  §  637 lA. 

Misdemeanors,  violation  of  game  laws  are,  §§  626,  626a,  626b,  626e, 
626d,  626e,  626f,  626g,  626h,  626i,  626j,  626k,  626m,  626n,  626o, 
626p,  626q,  626s,  627,  627a,  627b,  628,  628a,  628b,  62Sc,  62Se, 
628f,  628g,  628h,  62Si,  629.  630,  630a,  630b,  631,  632,  632a,  632b, 
632(4),  633,  634,  634i..,  635,  635^2,  636,  636yo,  636b,  637a,  637c, 
637f. 

Mokelumne  river,  fine  for  violating  statute  regulating  fishing  in, 
disposition  of,  §  636b. 

Mokelumne  river,  fishing  with  weirs,  nets,  traps,  etc.,  in  forbidden, 
§  636b. 

Mokelumne  river,  fishing  with  weirs,  nets,  traps,  etc.,  in,  punish- 
ment for  violating  provision  as  to,  §  636b. 

Moles  are  predatory  animals,  §  6371/2. 

Mollusks  included  in  word  "fish,"  §  628f. 

Monterey  bay.     See  post,  Ne'ts,  this  subject. 

Mountain-sheep,  penalty  for  taking  or  killing,  §  631c. 

Mountain  sheep,  protection  of,  §  626e. 

Mt.  Diablo,  deer  on,  act  to  prevent  destruction  of.  Appendix, 
tit.  "Game  Laws." 

Mudhen,  closed  season  for,  §  626. 

Mudhen,  protection  of,  §  626. 

Nests,  certificate  to  take  for  science,  issuance,  expiration  and  vio- 
lation of,  §  637e. 

Nests,  destroj^ing  or  possessing,  §§  626b,  637f. 

Nests,  robbing,  penalty,  §  637f. 

Net  or  seine,  catching  young  fish  by,  §  628c. 

Net  or  seine,  what  unlawful,  §  636a. 

Nets,  Chinese  shrimp  or  bag  nets,  use  of  a  misdemeanor,  §  628i. 

Nets,  commission  may  use  to  recover  fish  from  overflowed  lands, 
land-locked  sloughs,  etc.,  §  636. 

Nets,  condemned,  disposition  of,  §  036. 

Net,  setting  for  fish,  §  632. 

Nets,  fines  for  violation  of  law  regulating,  disposition  of,  §  635i/>. 


9/2  INDEX. 

GAME  LAWS.      (Conlimiod.) 

Nets  for  eatcliing  salmon,  regulation  of,  §  (i.'JO. 

Nets  for  catching     shad,  regulation  of,  §  63G. 

Nets  for  catching  striped  bass,  regulation  of,  §  (l.'JO. 

Nets  in  particular  districts,  see  i)articular  districts. 

Nets,  paranzella,  using  in  Monterej*  hay,  forbidden,  §  636 Vj. 

Nets,  paranzella,  using  in  Monterey  bay,  punisliment  for,  §  636M>. 

Nets,  seines,  etc.,  usetl  in  violation  of  law,  declared  public  nuis- 
ance, S  636a. 

Nets,  seines,  etc.,  seizure,  forfeiture,  etc.,  of,  §  636a. 

Nets,  seines,  etc.,  unlawful  destruction  of,  §  636a. 

Nets,  seines,  etc.,  unlawful,  proceedings  for  forfeiture  of,  §  636a. 

Nets,  traps  or  weirs,  etc.,  catching  or  killing  birds  or  animals  by, 
§  631. 

Nets,  traps  or  weirs,  possession,  sale  or  transporting  of  birds  or 
animals  taken  by,  §  631. 

Nets,  traps  or  weirs,  taking  birds  or  animals  by,  evidence,  §  631. 

Nets,  traps  or  weirs  use  of  by  state  or  federal  commission  for 
science  or  propagation,  §  636. 

Nets,  use  of,  prohibitions  and  regulations  as  to,  §  63<). 

Nets  used  to  catch  salmon,  size  of  meshes,  §  634. 

Nets,  use  of  two-inch  mesh  fish  net  a  misderheanor,  §  635^^. 

Nets,  use  of  what  prohibited,  §  635^/^. 

Net,  when  a  set  net,  §  636. 

Nevada  County,  protection  of  game  in.  Appendix,  tit.  "Game 
Laws." 

Night,  killing  game  at  night,  forbidden,  §  626m. 

Non-game  birds.     See  ante,  "Birds,"  this  title. 

Non-game  birds,  carrying  within  or  beyond  confines  of  state, 
§637d. 

Non-game  birds  killed  on  premises  not  to  be  shipped  or  sold, 
§  637a. 

Non-game  birds,  right  to  keep  as  pets,  §  637a. 

Non-game  birds,  right  to  kill  on  premises  where  destroying  ber- 
ries, fruit,  etc.,  §  637a. 

Non-game  birds,  what  are  not  protected  by  statute,  §  637a. 

Non-game  birds,  what  birds  are,  §  637a. 

Notice  forbidding  shooting,  injuring  or  tearing  down,  penaltj-, 
§627. 

Notice  forbidding  shooting,  tearing  down  or  mutilating,  §  627. 

Otter,  sea,  protection  of,  §  626q. 

Owl,  great  horned,  is  a  predatory  bird,  §  637^/;. 

Partridge,  protection  of,  §  612c. 

Partridge,  hunting  on  private  property,  penalty,  §  627. 

Partridge,  limit  on  amount  that  can  be  shipped  in  one  day,  §  627b. 

Partridge,  netting  or  trapping  of,  §  631. 

Partridge,  transportation  out  of  state  except  for  science  or  propa- 
gation forbidden,  §  627a. 

Penalty  for  violating  game  laws.  See  ante,  tits.  "Misdemeanor" 
and  "Punishment,"  this  subject. 

Perch,  Sacramento,  catching,  selling  or  killing  up  to  certain  time, 
forbidden, §  632b. 

Perch,  Sacramento,  closed  season  for,  §  628b. 

Perch,  Sacramento,  limit  on  catch,  §  628b. 

Perch,  Sacramento,  protection  of,  §  628b. 

Perch,  Sacramento,  punishment  for  violating  statute  as  to,  §  632b. 

Perch,  salt  water,  protection  of,  §  628g. 

Pheasants,  hunting   on   private  propert}',   penalty,  §  627. 


INDEX.  973 

GAME  LAWS.      (Contiiiiiod.) 

i'lieasants,  propagated  iu  captivity,  jsalo  of,  §  (326c. 

Piieasants,  protection  of,  §  62(5c. 

Plieasauts,  right  to  import,  rear  aiul  sell,  §  626c. 

Pheasauts,  transportation  out  of  state  except  for  science  or  propa- 
gation, forbidden, §  627a. 

Pigeon,  wild,  protection  of,  §  626. 

Pigeon,  wild,   transportation   out   of   state   except   for   science   or 
propagation,  forbidden,  §  627a. 

Pismo  clams,  limit  on  catch,  §  628f. 

Pismo  clams,  protection  of,  §  6'28f. 

Planting  of  fish,  inspection   of  and  permit  from  fish   commission 
necessary,  §  628h. 

Planting  of  fish,  penalty  for  planting  without  inspection  of  and 
permit  from  fish  commission,  §  628h. 

Planting  of  shellfish,  inspection  of  and  permit  from  fish  commis- 
sion  necessary, §  628h. 

Planting  of  shellfish,  penalty  for  planting  without  inspection   of 
and  permit  from  fish  commission,  §  628h. 

Planting  of  shellfish,  entering  on  grounds  or  injuring  or  carrying 
away  shellfish,  §  602. 

Plover,  black-breasted,  closed  season  for,  §  626. 

Plover,  black-breasted,  limit  on  bags,  §  626d. 

Plover,  black-breasted,  protection  of,  §  626. 

Plover,  golden,   closed   season   for,  §  626. 

Plover,  golden,  limit  on  bags,  §  626d. 

Plover,  golden,  protection  of,  §  626. 
.    Plover,  hunting  on  private  grounds,  penalty,  §  627. 

Plover,  limit  on  amount  that  can  be  shipped  in  one  day,  §  627b. 

Plover,  transportation  out  of  state  except  for  science  or  propaga- 
tion, forbidden, §  627a. 

Plumage,  skin  or  body  of  wild  bird  not  to  be  sold  or  had  in  pos- 
session, §  637a. 

Poisonous  substances,  catching    or    killing    birds    or    animals    by 
means  of,  §  631. 

Poisonous  substances,   possession,  sale   or  transportation   of   birds 
or  animals,  taken  by,  §  631. 

Poisonous  substances,  taking    birds    or    animals    bv,    evidence    of 
guilt,  §  631. 

Poisonous  substances,  taking  birds  or  animals  by,  for  science  or 
propagation,  §  631. 

Pollution  of  water,  punishment  for,  §  635. 

Possession  of  snared  bird,  §  631. 

Possession  of  particular    birds    or    animals.     See    particular    sub- 
ject. 

Pounds,  use  of  forbidden,  §  636. 

Prairie-chickens,   transportation   out   of   state,   except   for   science 
or  propagation,  forbidden,  §  627a. 

Predatory  animals  enumerated,  §  637%. 

Predatory  animals,  killing  in  certain  districts  without  permission, 
punishment  for,  §  626s. 

Predatory   birds,   killing  in   certain   districts   without   permission, 
punishment  of,  §  626s. 

Predatory  birds,  what   birds   are,  §  637i/^. 

Preserves  for  breeding  elk   or   deer,  fencing  of,  §  631d,   subd.   10. 

Private  property,  hunting  on,  penalty,  §  627. 

T'rohibitions  in  statute  apply  whether  fish  or  game  killed  in  state 
or  imported,  §  637b. 


074  INDEX. 

GAME  LAWS.      (Coutiiuicd.) 

I'roiiagation,  nets,  traps  ur  wi'irs,  ll^^illy  I'or  purjiose  of,  §  <JI5(J. 

I'ropagatioii,  netting  or  trapping  ot  birds  or  animals  lor,  §0;51. 

I'ropagat ion,  possession  of  animals  for,  §  02(31. 

i'rojiagation,  transportation  of  game  out  of  stale  for,  §  t)27a. 

Propagation,  taking  fish,  birds  or  animals  for,  §§  C2G1,  G27a,  628c, 
(j31,  U3;5,  (33-1,  034 '/o,  030,  G37e. 

Protection  of  fish  or  game  iu  particular  district.     !See  particular 
district. 

Punishment    for    violating.     See    ante,    subjects    "Imprisonment" 
and  "Misdemeanors,"  this  title. 

Quail,  bob  white,  protection  of,  §  02Gc. 

Quail,  desert,  limit   on   bags,  §  02Cd. 

Quail,  desert,  protection   of,  §  020. 

Quail,  hunting  on  private  property,  penalty,  §  027. 

Quail,  imported,  protection  of,  §  020c. 

Quail,  limit   on   amount   that  can   be   shipped   in   one   day,  §  G27b. 

Quail,  mountain,  closed  season  for,  §  020. 

Quail,  mountain,  limit  on  bags,  §  020d. 

Quail,  netting  or  trapping  of,  forbidden,  §  631. 

Quail,  netting  or  trapping,   penalty,  §  031. 

Quail,  transportation  out  of  state  except  for  science  or  propaga- 
tion, forbidden, §  027a. 

Quail,  valley,  limit  on  bags,  §  G26d. 

Quail,  valley,   protection   of,  §  026. 

Quail,  mountain,  protection  of,  §  026. 

Rabbit,  bush,  closed  season  for,  §  020. 

Rabbit,  cottontail,  closed  season  for,  §  626. 

Rabbit,  cottontail   or  bush,   killed   by   owner,   tenant   or   licensee, 
not  to  be  shipped  or  sold  during  closed  season,  §  626. 

Rabbit,  cottontail     or  bush,   limit   on   bags,  §  626d. 

Rabbit,  cottontail    or    bush,    owner    or    tenant    of    premises    may 
authorize  another  to  kill,  §  620. 

Rabbit,  cottontail  or  bush,  owner  or  tenant  of  premises  may  kill, 
§620. 

Rabbit,  cottontail  or  bush,  protection  of,  §  020. 

Rail,  limit  on  amount  that  can  be  shipped  in  one   da}',  §  027b. 

Rail,  protection   of,  §  020. 

Rail,  transportation   out   of   state   except  for  science  or  propaga- 
tion, forbidden, §  027a. 

Rats  are  predatory  animals,  §  0371/4. 

Reindeer,  domesticated,    importing    and    setting    under    rules    of 
game   commission,  §  620f. 

Ringtail  cats  are  predatory  animals,  §  637%. 

Robins  killed  on  premises  not  to  be  shipped  or  sold,  §  637a. 

Robins,   right   to   kill   on   premises,   where   destroying  fruits,  ber- 
ries, etc.,  §  637a. 

Sacramento  perch,  catching,  selling  or  killing  up  to  certain  date, 
forbidden,  §  632b. 

Sacramento  perch,  closed   season   for.  §  628b. 

Sacramento  perch,  limit  on  catch,  §  628b. 

Sacramento  perch,  protection  of,  §  028b. 

Sacramento  perch,  punishment  for  violating  statue  as  to,  §  632b. 

Sage-hen,  closed  season  for,  §  626. 

Sage-hen,  limit  on  amount  that  can  be  shipped  in  one  day,  §  627b. 

Sage-hen,  limit  on  bags,  §  620d. 

Sage-hen,  protection  of,  §  026. 

Sage-hen,   transportation   out  of  state   except  for  science   or  pro- 
pagation forbidden, §  627a. 


INDEX.  '  975 

GAME  LAWS.      (Contiuued.) 

8a)e  ol'  wild  ducks,  when  permitted,  §  626k. 

ISale  of   wild  game   proliibited,  §  626k. 

ISale  of  wild  game,  punishmeut  of,  §  626k. 

Salmon,  closed  season  for,  §  634. 

Salmon,    closed    season   for   catching   except    with   spear    or    hook 

and  line,  §  634. 
Salmon,  definition  of,  §  634. 
Salmon,  fines   for   violation   of   statute    paid   into   fish   and    game 

preservation  fund,  §  634. 
Salmon  in  particular  districts.     See  particular  district. 
Salmon,  inspection  and  making  for  shipment  by   commission  and 

cost  of,  §  634. 
Salmon,  limit  on  catch,  §  634. 
Salmon,  nets  for  catching,    regulation    of,  §  636. 
Salmon,  nets  for  catching,   size  of  meshes,  §  634. 
Salmon,  other  than  quinnat,  taken  without  state,  right  to  possess, 

purchase  or  ship  with  invoice,  §  634. 
Salmon,   quinnat,   protection   or,  §  634. 

Salmon  roe,  prohibition   against  use   of  as  bait  repealed,  §  632b3. 
Salmon,  sale  of,  closed  season  for,  §  634. 
Salmon  taken  in  state  right  to  possession,  purchase  or  ship  when 

accompanied  with   invoice,  §  634. 
Salmon,    using   net    or    seine    for    during   closed    season    a   misde- 
meanor, §  634. 
Santa  Barbara    channel,    seals   and    sea-lions   in,    preservation    of, 

§  637c. 
Santa  Barbara  channel,  seals  and  sea-lions  in,  taking  for  science 

or  exhibition,  §  637c. 
Santa  Monica,  protection  of  sea-gulls  in,  §  599. 
Science,  certificate  to  take  birds,  nests  or  eggs  for,  expiration  of, 

§  637e. 
Science,   certificate  to  take  birds,  nests  or  eggs  for,   issuance  of, 

§  637e. 
Science,   certificate  to  take  birds,  nests  or  eggs  for,  violation   of 

and  proceedings  on,  §  637e. 
Science,  nets,  traps   or  weirs   using  for    purpose  of,  §  636. 
Science,  netting  or  trapping  of  birds  or  animals  for,  §  631. 
Science,  taking  seals  and  sea-lions  in  Santa  Barbara  channel  for, 

§  637c. 
Science,  transportation  of  game  out  of  state  for,  §  627a. 
Scientific  purposes,  live   animals  for,  §  6261. 
Scientific  purposes,  taking  fish,  birds  or  animals  for,  §§  6261,  627a, 

628c,  631,  633,  634Vj,  636,  637e. 
Screens   before   canals,   ditches,  flumes,   etc.,   hearing  before   com- 
missioners   on    necessity    of    and    powers    of    commissioners, 

§  629. 
Screens   before    inlets    of    canals,    irrigating   ditches,   flumes    etc., 

fine   for   refusal  to   erect   paid  to   fish   and   game   commission 

fund,  §  629. 
Screens   laefore    inlets    of    canals   irrigating    ditches,   flumes,    etc., 

hearing   before    commission    on    necessity    of    and    procedure 

relating  to,  §  629. 
Screens   before   inlets    of   canals,   irrigating   ditches,   flumes,    etc., 

ordering  of  by  fish  and  game  commissioners,  §  629. 
Screens,  penalty  for  failure  to  put  at  inlet  of  canal,  ditch,  flume, 

etc.,  §  629. 
Screens   to  be   put   at   inlet   of   canal,   irrigating   ditch,   mill-race, 

etc.,  §  629. 


976  INDEX. 

GAME  LAWS.      (L'ontiiiiKMl.j 

KSoa-yiills,  protection  of  in   S;iiit;i    Moiiiin.  §  "I'.iUn. 

t^t'Jils   ami      t^i'a-lions    in    Santa    l!arl)ara    clianiiel,    iirescrvatioii    of, 
§  G:57c'. 

Seals    and    sea-lions    in    ISaula    Uaibara    clianiiel,    ininislinicnt    for 
shooting,  injuring  or  capturing,  §  637f. 

Seals  and  sea-lions  in  Santa  Barbara   cliannel,  taking   for  science 
or  exhibition,  §  tiiJTc. 

Sea  otter,  protection  of,  §  (J-(J(j. 

Seine.     See  "Net  or  Seine,"  ante,  this  subject. 

Seines,  beach,  prohibition  against  use  of,  §  (i'Mi. 

Seines,  catching  young  lisli  j)y,  §  ()28c. 

Seines  for  catching  particular  fish.     See  particular  suljject. 

Seines  in  particular  districts.     See  particular  district. 

Seines,  use  of,  regulations  and  prohibitions  regarding,  §  636. 

Shad,  nets  for  catching,  regulation  of,  §  636. 

Shad,  iirotection  of,  §  628a. 

Shad,  striped,  closed  season  for,  §  62Sa. 

Sh&d,  striped,  limit  on  catch,  §  628a. 

Sheep,  mountain,  protection  of,  §  626e. 

Shellfish,  entering  upon  land  where  shellfish  are  planted  a  misde- 
meanor, §  602. 

Shellfish,    planted,   gathering,   injuring   or   taking   away   a   misde- 
meanor, §  602. 

Shellfish,  planting  of,  inspection  of  and  permit  from  fish  commis- 
sion necessary, §  628h. 

Shellfish,  planting  without  inspection  of  and  permit  from  fish  com- 
mission, penalty,  §  62Sli. 

Shellfish  unsuitable  for  sale  to  be  returned  to  water  alive,  §  6281. 

Shellfish,   use   of   Chinese   shrimp   or   bag   nets   to   catch   a  misde- 
meanor, §  6281. 

Shipments  of  game,  limit  on  amount  of,  §  627b. 

Shipments  of  game,  regulations    governing    and    punishment    for 
violating,  §  627b. 

Shipments  of  game  to  be  labeled,  §  627b. 

Shipments  of  game.     See  ante,  "Carriers,"  this  subject;  also  post, 
"Transportation,"  this  subject. 

Shipping  wild  birds  forbidden,  §  (i37a. 

Shooting  ducks  from  launch  In  motion  forbidden,  §  626o. 

Shore-birds,    limit    on    amount    that    can    be   shijiped   in    one    day, 
§  627b. 

Shore-birds,  protection  of,  §  626. 

Shore-birds,  transportation    out    of    state    except    for    science    or 
propagation,  forbidden,  §  627a. 

Shrews  are  predatory  animals,  §  637M>. 

Shrimp,    dried,    possession    of,    evidence    of    violation    of    statute, 
§  628. 

Shrimp,    dried,   possession    or    transportation    of,    a   misdemeanor, 
§628. 

Shrimp,  penalty  for  violating  statute  as  to,  §  628d. 

Shrimp,  protection  of,  §  628. 

Shrimp  shells,  penalty  for  violating  statute  as  to,  §  628d. 

Shrimp,    shells,   possession    of    evidence    of    violation    of   statute, 
§  628. 

Shrimp    shells,   possession    or   transportation    of,    a    misdemeanor, 
§  628. 

Shrimp  unsuitable  for  sale  to  be  returned  to  water  alive,  §  6281. 

Shrimp,   use   of   Chinese   shrimp   or   bag   nets   to   catch    a   misde- 
meanor, §  6281. 


INDEX.  977 

GAME  LAWS.      (Contimied.) 

fc^igus  prohibiting  huntiug,   huw  oftou   to  be  posted,  §  627. 

tSigus  prohibiting  hunting,  tearing  down,  a  misdemeanor,  §  627. 

Skunks  are  predatory  animals,  §  637V:'. 

Smelt,  use  of  beach  seines  for  in  District  No.  19,  §  636. 

Snipe,  hunting  on  private  property,  penalty,  §  627. 

Snipe,  jack,  limit  on  bags,  §  626d. 

Snipe,  limit  on  amount  that  can  be  shipped  in  one  day,  §  627b. 

Snipe,  transportation  out  of  state  except  for  science  or  propaga- 
tion, forbidden, §  627a. 

Snipe,  Wilson,  closed  season  for,  §  626. 

Snipe,   Wilson,  protection  of,  §  626. 

Sparrows  are  predatory  birds,  §  6o7\->- 

Spiked  buck,  what  deer  deemed  to  be,  §  626e. 

Spot-fin  protection  of,  §  628e. 

Spotted  buck,  protection  of,  §  626e. 

Spotted  fawns,  pelts  of,  transportation  or  possession  of  a  misde- 
meanor, §  626h. 

Spotted  fawn,  penaltj-  for  taking  or  killing,  §  631c. 

Spotted  fawn,  protection  of,  §  626e. 

Squirrels,  tlying,  are  not  piredatory  animals,  §  637V2. 

Squirrels,  tree,  are  not  predatory  animals,  §  6371/2- 

Squirrel,  tree,  limit  on  bag,  §  626g. 

Squirrel,  tree,  protection  of,  §  626g. 

Squirrel,  tree,  provisions  as  to  do  not  apply  to  Mendocino  county, 
§  626g. 

Statutoiy  prohibitions  apply  whether  fish  or  game  killed  in  state 
iniptorted,  §  637b. 

Steelhead  roe,  prohibition  against  use  of  as  bait  repealed,  §  632b3. 

Steelhead  trout,  definition  of,  §  631. 

Steelhead  trout,  provision  for  protection  of  repealed,  §  6321,:!. 

Steelhead  trout,  right  to  under  regulations  of  commission,  §  632. 

Stocked  pond  or  reservoir,  catching  fish  in,  penalty,  §  628c. 

Striped  bass,  penalty  for  violating  statute  as  to,  §  62Sd. 

Sturgeon,  closed  season  for,  §  62S. 

Sturgeon,  protection  of,  §  628. 

Suufish,  bluegill,  closed  season  for,  §  628b. 

Sunfish,  bluegill,  limit  on  catch,  §  628b. 

Sunfish,  bluegill,  protection  of,  §  628b. 

Sunfish,  green,  closed  season  for,  §  628b. 

Sunfish,  green,  limit  on  catch,  §  62Sb. 

Sunfish,  green,  protection  of,  §  628b. 

Sunfish,  jjrotection  of,  §  62Se. 

Swan,  protection  of,  §  626e. 

Transportation  of  game,  limit  on  amount  of  shipments,  §  627b. 

Transportation  of  game   out  of  state  for  science   or  propagation, 
§§  627,  627a. 

Transportation  of  game  out  of  state,  prohibited,  when,  §  627a. 

Transportation  of  game,    regulations    governing    and    punishment 
for  violating,  §  627b. 

Transportation  of  game,  shipments  to  be  labeled,  §  627b. 

Transporting  game  or  hides  out  of  state,  §  627a. 

Transporting  non-game  wild  birds  within   or  beyond  confines   of 
state,  §  637d. 

Transporting  wild  birds  forbidden,  §  637a. 

Trapping  quail,  grouse,  etc.,  §  631. 

Traps,  use  of  by  state  or  federal  commission  for  science  or  propa- 
gation, §  638. 
Pen.  Code — 62 


078  INDEX. 

GAME  LAWS,      (('out  iiiiird.) 

'I'l-Mps,  use  (if  Ciirliid.li'ii,  S  '^-'iil. 

Trespass   in    liiintiii^    (in    iiicldscd    jr    i-nH  i\  .-itcd    land,    punisliiiiciit 

J'or,  §  li27. 
Trout,  {'alcliing  at  uiglit  a  misdemeauor,  §  ()2()m. 
Trout,  Dolly  Vardon,  taken  without  slate,  ri^ht  to  purchase,  pos- 
sess or  ship  with  invoice,  §  634. 
Trout,  golden,  catching  other  than  with  hook  and  line,  §  633. 
Trout,  golden,  closed  season, §  633. 
Trout,  golden,  fish    commission    of    state    or    United    States    may 

take  for  science  or  propagation,  §  633. 
Trout,  golden,  limit  on  day's  catch,  §  633. 
Trout,  golden,  limit  on  size,  §  633. 
Trout,  golden,  possession  during  closed  season,  §  633. 
Trout,  golden,  punishment  for  violating  statute  as  to,  §  633. 
Trout  in  particular  districts.     See  particular  district. 
Trout,  limit  on  catch,  §  632. 
Trout,  protection  of,  §  632. 
Trout,  steelhead,  definition  of,  §  634. 

Trout,  steelhead,  provision  for  protection  of  repealed,  §  6321/^. 
Trout,  steelhead,  right  to   sell   under   regulations   of   commission, 

§  632. 
Trout  to  be  only  talvcn  by  hoolt  and  line,  §  632. 
Turkeys,  wild,  protection  of,  §  626c. 
Water   company,   duty   to    put   screens    over   inlet    to    ditch,    etc., 

§  629. 
Water  company,  failure  to  put  screen  over  inlet  or  flume,  penalty, 

§629. 
Water,  pollution  of,  §  635. 
Weasels  are  jaredatory  animals,  §  637^/2. 
Weirs,  use  of  by  federal  or  state  commission  for  propagation  or 

science,  §  636. 
Weirs,  use  of  forbidden,  §  636. 
White   fish,   protection    of   in   particular   district.     See   particular 

district. 
Whiting,  California,  protection  of  in,  §  628e. 
Wild  birds.     See  ante,  "Birds,"  this  sub.iect. 
Wildcats  are  predatory  animals,  §  6371/4. 
Wilson  snipe,  closed  season  for,  §  626. 
Wilson  snipe,  protection  of,  §  626. 
Wolverines  are  predatory  animals,  §  6371/^. 
Wolves  are  predatory  animals,  §  637Vi!. 
Wood  duck,  protection  of,  $  626. 
Yellow-fin,  protection  of,  §  628e. 
Yellowlegs,  closed  season  for,  §  626. 
Yellowlegs,  limit  on  bags,  §  626d. 
Yellowlegs,  protection  of,  §  626. 
Young  fish,  penalty  for  violating  statute  as  to,  §  628d. 

GARBAGE.     See  Pacific  Ocean;  Waters. 

GAS.     See  Gas  Company. 

Not  to  be  turned  off  at  meter.     Appendix,  tit.  "Gas." 
Pipe,  injuring  or  obstructing,  a  misdemeanor,  §  624. 
Stealing  of,  punishment  of,  §  498. 

GAS  COMPANY.     See  Gas. 

Effect  of  code  on  statute  respecting,  §  23. 
Injury  to  works,  a  misdemeanor,  §  624. 


INDEX.  979 

GAS  COMPANY.      (Contiiuie.l.) 

Meter,  iiiterferiug  with,  piuiiishiiuMit  of,  §  VJS. 
Stealing  gas,  punishment  of,  §  4!)S. 

GATES. 

MaliciousI}-  leaving  open,  a  misdemeanor,  §  602. 

GEESE.     See  Game  Laws. 

GENDER. 

Of  words  in  code,  §  7. 

GENERAL  VERDICT.     See  Verdict. 

GLANDERS. 

Failure  to  kill  animal  with,  a  misdemeanor,  §  402b. 
Killing  infected  animals,  §  402b. 

Sale  or  exposure  of  infected  animal,  a  misdemeanor,  §  402. 
Using  or  exposing  animals  with,  a  misdemeanor,  §  402. 

GLASS. 

Throwing  upon  highway,  punishment  of,  §^88a. 

GOLD  COIN. 

Valuation  to  be  estimated  in,  §  678. 

GOLDEN  TROUT.     See  Game  Laws. 
GOPHERS.     See  Game  Laws. 

GOVERNOR. 

Commutations,  reprieves,  and  pardons,  power  to  grant,  §  1417. 

Commutation.     See  Commutation. 

Death  sentence,  governor  only  can  suspend  except  in  certain  cUses, 
§  1220. 

Death  sentence,  transmission  of  conviction  and  testimony  to, 
§  1218. 

Director  of  state  prison,  vacancy  in,  governor  fills,  §  1573. 

Directors  of  state  prisons,  appoints  with  advice  of  senate,  §  1573. 

Impeachment,  liable  to,  §  737. 

Insurrection,  power  to  declare  county  in,  §  732. 

Insurrection,  revoking  proclamation  of,  §  733. 

May  require  opinions  of  supreme  court  judges  and  attorney-gen- 
eral on  conviction  inquiring  death  sentence,  §  1219. 

Military,  to  order  out  to  aid  in  executing  process,  when,  §  725. 

Militia,  power  to  order  out  to  suppress  insurrection,  §  732. 

Militia,  when  may  order  out,  §§  728,  732. 

Offenses  against,  punishment  of.     Appendix,  tit.  "Conspiracy." 

Pardon,  power  of  when  convict  twice  convicted,  §  1418. 

Pardons,  etc.,  granted,  to  communicate  facts  as  to,  to  legislature, 
§  1419. 

Pardon.     See  Pardon. 

Prisoners,  restoration  of  citizenship  to,  power  of  governor,  §  1579. 

Prisoners  whose  terms  have  expired,  to  order  release  of,  §  1579. 

Report  of  prisoners  whose  terms  about  to  expire  to  be  made  to, 
§  1579. 

Reprieve.     See  Reprieve. 

Reward  for  apprehension  of  fugitives,  §  1547. 

Reward  for  arrest  of  person  engaged  in  robbery,  §  1547. 

Rewards.     See  Rewards. 


980  INDEX. 

GOVERNOR.      (('(iiitiinKMl.) 

'I"i'!iiisiiiis!si(iii    of    coiix  ii-t  i(ui    niid     tcsliiiKjiiv    t",    '"n     jii'lgiiKMit    of 

death, §1218. 
Tit'MSon,  ]ic)\viM'  of  (111  i'()ii\  irt  inns  for.  S  1  118. 

GRAIN. 

liiJni-ioH   to   j;i()\viii<(,  §  (JUl. 

GRAND  ARMY. 

Unlawfully  wearing  liadge  of.     ApjJendi.K,  tit.  "Graud  Army." 

GRAND  JURY.     See  Indictment. 

Acnisation  against  ofllccr,  may  present,  §  7.58. 

Acting  after  challenge  allowed,  provision  as  to  repealed,  §  164. 

Advice  of  judge  or  district  attorney,  may  ask,  §  925. 

Challenge  to  jurors,  sections  896-901  of  Penal  Code  relating  to, 
repealed,  '§§  896-901. 

Challenge,  acting  after  allowance  of,  a  misdemeanor,  §  164. 

Challenge,  decision  on  and  entry  of,  provision  repealed,  §  898. 

Challenge,  defendant  mav  challenge  panel  or  individual  juror, 
§  894. 

Challenge,  effect  of  allowing,   provision   repealed,  §  900. 

Challenge,  how  taken,  provision  repealed,  §  897. 

Challenge,  how  tried,  provision  repealed,  §  897. 

('hallenge  juror,  who  may,  §  894. 

Challenge,  may  be  oral  or  written,  provision  repealed,  §  897. 

Challenge,  objection  to  be  taken  only  by,  provision  repealed,  §  901. 

Challenge,  opinion,   etc.,  as  ground   for,   provision  repealed,  §  896. 

Challenge,  people  may  challenge  panel   or  individual  juror,  §  894. 

Challenge  to  juror,  allowance  of,  acting  after  a  contempt,  provi- 
sion repealed, §  900. 

Challenge  to  juror,  allowance  of,  acting  after,  a  misdemeanor, 
§§164,900. 

Challenge  to  juror,  allowance  of,  grand  jury  to  inform  court  if 
juror  acts  afterward,  provision  repealed,  §  900. 

Challenge  to  juror,  allowance  of,  juror  cannot  act  after,  provision 
repealed,  §  900. 

Challenge  to  juror,  causes  for,  provision  repealed,  §  896. 

Challenge  to  panel,  not  allowed  for,  §  895. 

Challenge  to  panel,  defendant  or  the  people  may  interpose,  §  894. 

Challenge  to  panel,  effect    of    allowing,   provision   repealed,  §  899. 

Challenge  to  panel,  indictment  found  afterward,  set  aside,  pro- 
vision repealed,  §  899. 

Challenge,  tried  by  court,  provision  repealed,  §  897. 

Charge  of  court,  §§  905,  928. 

Conduct  of  juror  not  to  be  questioned,  §  927. 

Coroner,  binding  witnesses  over  to  appear  before,  §  1514a. 

Corporation,  investigation  of  charge  against,  §  1395. 

Custody,  proceedings  when  defendant  not  in,  §  945. 

Deliberation  and  inquiry  into  offenses,  §§  906,  915,  923. 

Deliberation,  no  one  permitted  to  be  present  during,  §  925. 

Discharge  of,  §  906. 

Discharge  of  defendant  when  on  resubmission  no  indictment  filed, 
§  998. 

Disclosing  fact  of  indictment,  a  misdemeanor,  §  168. 

Disclosing  what  transpired  before  grand  jury^  a  misdemeanor, 
§  169. 

Dismissal  of  charge  by,  effect  of,  §  942. 


INDEX.  981 

GRAND  JURY.      (Continued.) 

Dismissal  of  charge,  indorsement  and  return  of  depositions,  etc., 
§941. 

Dismissal  of  charge,  resubmission,  §  942. 

District  attorney  may  appear  before,  advise  and  examine  wit- 
nesses, §  925.     " 

District  attorney,  certified  order  of  grand  jury  sufficient  authority 
to  maintain  suit,  §  929. 

District  attorney,  functions,  powers  and  duties  of,  respecting, 
§925. 

District  attorney,  may  order  to  issue  process  for  witnesses,  §  920. 

District  attorney,  ordering  to  institute  suits  to  recover  moneys 
due  counties,  §  929. 

Duties  of  generally,  §§  915,  923. 

Entitled  to  access  to  public  prison,  §  924. 

Entitled  to  examination  of  public  records  without  charge,  §  924. 

Evidence,  character  of  evidence  to  be  received  by,  §  919. 

Evidence,  degree   of  to   warrant  indictment,  §  921. 

Evidence,  duty  to  weigh  all,  §  920. 

Evidence  for  defendant,  need  not  hear,  §  920. 

Evidence,  ordering   other  to  be   produced,  §  920. 

Evidence  receivable  before,  §  919. 

Evidence  taken  before,  delivering  copy  to  defendant,  §§  925,  928. 

Evidence  taken  before,  to  be  taken  down  and  transcribed,  §  925. 

Evidence  taken  before,  transcription  of,  to  be  filed  with  clerk 
within  ten  days,  §  925. 

Evidence,  what  only   can  receive,  §  919. 

Excusing  after  juror  drawn  and  found  qualified,  §  894. 

Experts  and  assistants,  compensation  of  and  how  paid,  §  928. 

Experts  and  assistants,   power   to  employ,  §  928. 

Expert,  compensation   of,   limit   on,  §  928. 

Expert  to  examine  official  books,  etc.,  §  928. 

Foreman,  appointment  of,  §  902. 

Foreman   may  administer  oaths  to  witnesses,  §  918. 

Foreman  must  sign  indorsement  on  indictment,  §  940. 

Foreman,  oath  of,  §  903. 

Foreman,  pro  tem.,  must  be  a  member  of  grand  jury,  §  930. 

Foreman,  pro  tem.,  powers  and  duties  of,  §  930. 

Foreman,  pro  tem.,  selection  of  in  absence  or  disqualification  of, 
§  930. 

Foreman  to  state  matter  for  consideration  and  request  prejudiced 
juror  to  retire,  §  907. 

Foreman  to  present  indictment,  §  944. 

Impeachment  of  witness  before  by  testimony  of,  §  926. 

Indictment  or .  information,  disclosing  fact  of  finding,  a  misde- 
meanor, §  168. 

Inquiry  into  case  of  persons  imprisoned  and  not  indicted,  §  923. 

Inquiry  into  offenses,  §§  906,  915,  923. 

Interpreter,  may  subpoena,  §  925. 

Interpreter,  services  of  are  a  county  charge,  §  925. 

Interpreter  subpoenaed  by  may  be  present  at  examination  of  wit- 
nesses, §  925. 

.Tudge  not  to  be  present  at  sessions  of,  §  925. 

Judge,  advice  of,  §  925.  * 

.Turor  cannot  be  questioned  for  anytiiing  he  says  or  does  except 
for  perjury,  §  927. 

.Turor  found  to  be  qualified,  duty  to  accept,  §  894. 

Juror  must  be  found  1o  be  qualified  before  accepted,  §  894. 


982  INDEX. 

GRAND  JURY.      (Coiitimicd.) 

Knowlodf^c   of  ofl'ense,  juror  to  declare,  §  922. 

Must  inquire  into   all   public  oircnses,  §  915. 

Oath   of  foreman,  §  f)0;i. 

Oath  of  jurors,  §  904. 

Oath  to  witness,  foreman  may  adiiiiiiister,  §  918. 

Offenses,  what  must  inquire  into,  §§  9lif;,  9\n,  923. 

Officers,  must  inciuirc  into  conduct  of,  §S  923.  928. 

Oflicers,  investigation  and  reports  as  to,  §  928. 

Officers,  report  and  recommendation  as  to,  §  928. 

Officers,  report  as  to,  comments  in  not  privileged,  §  928. 

Officers,  report  as  to,  copies  to  be  sent  to  legislators  representing 
county,  §  928. 

Officers,  to  examine  books,  records  and  accounts  of,  §  928. 

Official  books,  inquiry  into,  employment  of  expert,  §§  928,  929. 

Official  books,  records,  accounts,  etc.,  inquiry  into,  §  928. 

Opinion  as  ground  for  challenge,  §  98(5. 

Perjury,  grand  juror  may  testify  on  prosecution  of  witness  before 
for,  §  926. 

Perjury  of  grand  juror,    inquiry  as  to,  §  927. 

Powers  and  duties  of,  §  928. 

Prejudiced  juror,  duty  of  foreman  and  jiunishment  for  neglect  of 
duty,  §  907. 

Prejudiced,  duty  to  retire  and  punishment  for  failure,  §  907. 

Present,  no  one  permitted  to  be  during  deliberations  and  voting, 

§  925. 
Present,  who  only  may  be,  during  sessions  of,  §  925. 

Present  before,  setting   aside   indictment    because    improper    per- 
sons are,  §  995. 
Present  before,  who  may  be,  §  925. 
Prisoners,  must  inquire  into  cases  of,  §  923. 
Prisons,  have  access  to,  §  924. 

Prisons,  must  inquire  into  management  of,  §  923. 
.    Proceedings  and  deliberations,  §  925. 

Public  records,  have  right  to  examine  without  charge,  §  924. 
Qualifications  and  acceptance  of,  §  894. 
Eecovery  of  money  due  county,  ordering  the,  §  929. 
Eeport  of,  comments  not  privileged,  §  928. 
Keport  of,  recommendations  in,  §  928. 
Eeport  of  testimony  taken  before,  §  925. 
Eeporter  and  his  compensation,  §  925. 

Eesubmission  may  be  ordered  where  demurrer  sustained,  §  1008... 
Eesubmission  to,  custody  of  defendant  and  bail  in  case  of,  §  998. 
Eesubmission  to,  discharge  where  indictment  not  filed,  §  998. 
Eesubmission  to  where  charges  dismissed,  §  942. 
Eesubmission  to  where  jury  discharged  because  no  offense,  §  1117. 
Eesubmission  where  demurrer  sustained,  proceedings  on,  §  1010. 
Eesubmission  where  motion   to   set   aside   indictment   or   informa- 
tion granted,  §  997. 
Eetirement  of  and  deliberation,  §  906. 
Secrets  of,  to  be  kept,  except  what,  §  926. 

Shorthand  reporter,  compensation  a  charge  against  county,  §  925. 
Shorthand  reporter,  when  to  be  appointed,  §  925. 
Special,  names  to  be  drawn  from  box,  §  910. 
Special,  names  to  be  written    on    ballots    and    deposited    in    box, 

§  910. 
Special,  nineteen  members  required,  §  90S. 
Special,  order,  execution  and  return  of,  §  908. 


INDEX.  983 

GRAND  JURY.      (Continued.) 

JSi^ecial,  order,  what  to  require,  and  delivery  of  to  sheriff,  §  908. 

Special,  when  may  be  summoned,  §  907. 

Stenographer,  appointment  of,  §  925. 

Stenographer,  cost  of  services  of  is  a  county  charge,  §  92.5. 

Testimony,   transcription    of   and   service   of   copy   on    defendant, 

§925. 
Testimony  of  witness,  may  be  required  to  disclose  to  see  whether 

consistent,  §  926. 
Trial  juror,  grand  juror  disqualified  to  act  as,  §  1074. 
Vote  of  grand  juror  cannot  be  questioned,  §  927. 
What  offenses  may  inquire  into,  §  915. 
Who  may  appear  before,  §  925. 
Who    may   be   present    during   tlieir    sessions,  §  925. 

GRAND  LARCENY.     See  Larceny. 

GROUSE.     See  Game  Laws. 

GROWING  CROPS. 

Injuries  to,   a  misdemeanor,  §  604. 

Negligently  setting  on  fire  a  misdemeanor,  §  .384. 

GROWING   TREES. 

Cutting   or   injuring   a   misdemeanor,  §  602. 

Cutting,   upon   public  lands,  §  603n. 

Injuring  shade  trees  or  plants,  a  misdemeanor,  §  622. 

GUARD. 

Aiding  or  permitting  an  escape,  punishment,  §  108. 
Expense  of  guard  for  jail  a  county  charge,  §  1610. 
For  jail,  sheriff  may  employ  when,  §  1610. 

GUARDIAN  AND  WARD. 

Abandonment  of  child  by  parent,  compelling  parent  to  work  and 
paying    proceeds    to    guardian,  §  27.Sh. 

Child-stealing,    punishment    of,  §  278. 

Enticing  away  child,  jurisdiction,  §  784. 

Exhibit,   use,   sale,    or   hire   of   child,   what   unlawful,  §  272. 

Fine  imposed  for  nonsupport  of  child  may  be  paid  to  guardian, 
§  270d. 

Fraudulently,  forcibly  or  maliciously  taking  or  enticing  away 
child,  punishment  of,  §  278. 

Juvenile   delinquent,   guardianship   of,  §  13SS. 

Kidnaping  or  abducting  of  child,  jurisdiction  of,  §  784. 

Prostitution,  permitting  or  conniving  at  child  being  in  house  of, 
guardian  by,  a  misdemeanor,  §  309. 

Relationship  of  guardian  and  ward  as  ground  of  challenge  of 
juror,  §  1074. 

Sending  child  under  eighteen  to  saloon,  gambling-house,  or  im- 
moral   place,  §  273f. 

Substituting    child,    punishment    of,  §  157. 

Teacher,   abusing  in   presence   of   pupil,   a   misdemeanor,  §  653b. 

Ward,  requiring  to  work  over  eight  hours,  a  misdemeanor,  §  651. 

GUIDE-BOARD. 

Malicious  injury  to,  a  misdemeanor,  §  590.  * 

One  half  the  fines  for  injuries  to  go  to  informer,  §  590a. 


dSi  INDEX. 

GUILTY. 

I'iuding  of  indictinoiit,  efTcct  on   proof  or  prosuiniition  of,  §  1-70. 

Plea  of,  §  1016. 

Plea  of  by   corporation,  how   put   in,  §  1018. 

Plea  of,  court  to  determine  degree  of  crime,  §  1192. 

Plea  of,  form  of,  §  1017. 

Plea  of,  how   altered   or   wit lidiawn,  §  KJlS. 

Plea  of,  how  put  in,  §  1018. 

Plea  of  in  justice's  or  police  court,  proceedings  on,  §§  1429,   1445, 

Proceedings  on  verdict  of,  S§  IKHi,  1445. 

Verdict  on  plea  of  not  guilty,  form  of,  §  1151. 

GULLS.     See  Game  Laws. 

Act  to  protect  sea-gulls  at  iSanta  Monica,  §  599,  note. 
h^luioting,   trapping   or   injuring,  §  599. 

GUNPOWDER.     See  Explosive. 

Blastint;-  wood  with,  during  drv  season.     See  Blasting. 


H 

HABEAS    CORPUS. 

Admission   to  bail  on  examination   on,  §  1286. 

Application  for,  made    how,  §  1474. 

Application  for,  to  specify  what,  §§  1474,   1475,   1490. 

Application  for,  verification,  §§  1474,     14  75. 

Application  for,  who  may  make,  §  1474. 

Application  for,  who  may  sign  petition,  §  1474. 

Application,  second,  after  prisoner  remanded  on  first,  when  only 
discharged   on,  §  1475. 

Application,  second,  if  prior  writ  returnable  to  district  court  of 
appeals,  supreme  judge  only  can  issue,  §  1475. 

Application,  second,  judge  of  district  court  of  appeals  or  supreme 
judge  only  can  issue,  §  1475. 

Application,  second,  point  not  raised  in  prior  writ,  second  writ 
not  returnable  before  superior  court,  §  1475. 

Application,  second,  point  not  raised  in  prior  writ,  what  judges 
only   can  issue   writ,  §  1475. 

Application,  second,  returnable  to  supreme  court  if  prior  writ  re- 
turnable to  district  court  of  appeals,  §  1475. 

Application,   second,   statement   as   to   prior   proceedings,  §  1475. 

Application,  service  of  on  district  attorney,  §  1475. 

Application,  service  of,  time  of  and  proof  of,  §  1475. 

Bail,  admitting  to,  pending  application,  §  1476. 

Bail,  holding  party   to   where   proceedings   defective,  §  1489. 

Bail  on,  §  1286. 

Bail,  judge  may  take,  §  1491. 

Bail,  writ  for  purpose  of,  §§  1490,  1491. 

Body  must  be  produced,  when,  §  1481. 

Body,  when   hearing  may   proceed   without   production   of,  §  1482. 

Clerk  to  issue  all  writs,  warrants,  process  and  subpoenas,  §  1508. 

Commitment,  defect  in  form  of  warrant  of,  not  ground  of  dis- 
charge, §  1488. 

Commitment    of    party    pending    i)roceedings    on    return,  §  1494. 

Commitment,  proceedings    where    warrant    of    defective,  §  1489. 

Commitment  without  reasonable  or   probable  cause,  §  1487. 

Concealing  person  entitled  to,  a  misdeineauor,  §  364. 

Contain,  what  to,  §  1477. 


INDEX.  985 

HABEAS  CORPUS.      (Coiitiuued.) 

L'ouuty    seat,     wairauts,    writs    aud     [iiuccss    are    returnable    at, 

§  1504. 
Custody   of   i)arty,   after   discharge,  §  1490. 
Custody  of  party  pending  proceedings  ou  return,  §  1494. 
Custody,  person  in  illegal,  may  be  committed  to  legal,  §  1493. 
Damages  for  failure  to  issue  or  obey  writ,  §  150.5. 
Defect  in  form  of  writ  of  immaterial,  when,  §  1495. 
Defective  or  unauthorized  process,  discharge  on,  §  1487. 
Defective  warrant,  no  discharge  lor,  §  14SS. 
Defective  warrant,  proceedings  on,  §  1489. 
Delay,  to  be  delivered    to    sheriff    without,  §  1478. 
Delay,  to  be  granted  without, /§  1476. 
Delay,  to  be  served   without,  §  1479. 
Detention  by  person  not  authorized  to  hold  defendant,  discharge 

of,  §  1487. 
Directed  to  jDersou  other  than  sheriff,  delivery  to  and  service  by 

sheriff,  §  1478. 
Directed  to  sheriff',  clerk  to  deliver  to  without  delay,  §  1478. 
Directed  to  whom,  §  1477. 
Directions  in  writ,  §  1477. 

Discharge  of  party,  grounds  for,  §§  1485,   1487. 
Discharge  of  partv,  imprisonment    after,    when    permitted,    1489, 

1496. 
Discharge  of  party,   not   for    defective   warrant,  §  1488. 
Discharge  of  party  on  hearing  on  defective  warrant,  §  1489. 
Discharge  on,  when    granted,  §§  1485,    1487. 
Discharge  party,  when  court  to,  §§  1485,  1487. 
Discharge,  when  not  to  be  granted,  §§  1486,   1488,  1492. 
Disobedience  of,  damages   for,  §  1505. 
Disobedience  of   not  justified   by   defect   in   form   of   writ,   when, 

§  1495. 
Disobedience  to  writ,  proceedings  on,  §  1479. 
Disposition  of  partj  pending  proceedings  on   return,  §  1494. 
District  attorney,  application  for  writ,  service  of,  on,  §  1475. 
Granted  in  manner  provided  in  constitution,  §  1475. 
Grounds  for  discharge  of  party,  §§  1485,  1487. 
Hearing,  compelling  attendance  of  witnesses,  §  1484. 
Hearing,  proceedings  on,  §§  1483,  1484. 

Hearing,   proceedings  where  warrant   defective  or   charge   unsub- 
stantially   set    forth,  §  1489. 
Hearing,  showing  and  evidence,  §§  1484,  1489. 
Hearing  without  production   of  body,   when,  §  1482. 
Imprisonment  after    discharge,     when     permitted,  §§  1489,  1496. 
Imprisonment  becoming  unlawful,  discharge  on,  §  1487. 
Issued  by  clerk,  §  1503. 
Issued  by  clerk,    writs,    warrants,    process    and    subpoenas    are, 

§  1503. 
issue,  may,  at  an}-  time,  or  on  any  day,  §  1502. 
Issue,  refusal  to,  a  misdemeanor,  §  362. 
Judge  refusing  to  issue,  damages  for,  §  1505. 
Judges  who  may  grant.  §  1475. 
Jurisdiction,  excess  of,  discharge  on,  §  1487. 
Obey,  refusal  to,  a  misdemeanor,  §  362. 
Proceedings  on   disobedience   of   writ,  §  1479. 
Proceedings  on  the  hearing,  §  1484. 
Proceedings  where   warrant    defective    or    charge   unsubstantially 

set  forth, §  1489. 


986  INDEX. 

HABEAS  CORPUS.      (ContimuMl.) 

Process,  clerk  to   issue,  §  150."?. 

Process,  defective  or  unanthorizod,  discharge  on,  §  ]  I.S7. 

Process  issuable  by  whom,  §  loO.'?. 

Process  returnable  at  county  seat,  §  blOi. 

Process,  returnable,  when,  §  LIO;?. 

Process  to  be  sealed,  §  1;103. 

Process  to  bo  served  and  returned  forthwith,  §  1;303. 

Reconiniittinfr  part   where   proceedings   defective,  §  IJSO. 

Reconimittmcnt  of  person   discharged  on,  a  misdemeanor,  §  ;5G3. 

Refusal  to  issue,  damages  for,  §  150o. 

Refusal  to  obey,  a  misdemeanor,  §  362. 

Remand  party,"  when  court  to,  §§  1486,  148S,  1492. 

Returnable  at  county  seat,  1.504. 

Returnable  before  whom,  §  1475. 

Returnable,  when,  §  1503. 

Return,  disposition  of  party  pending  proceedings  on,  §  1494. 

Return,  hearing  on,  §  1483. 

Return,  signing  and  verifying,  §§  1480,  1482. 

Return,  to  contain  what,  §§  1480,  1481. 

Return,  what  to  state,  §§  1480,  1481. 

Returned,  writs,  warrants  and  process  to  be  forthwith,  §  1503. 

Sealed,  writs,  warrants  and  process  must  be,  §  1503. 

Second  writ,  when  only  to  issue,  §  1475. 

Served,  may  be  on  any  day  or  at  any  time,  §  1502. 

Served,  warrants,  writs,  and  process  to  be,  forthwith,  §  1503. 

Served  where  person  to  whom  directed  cannot  be  found  or  re- 
fuses admittance,  §  1478. 

Served,  to  be,  without  delay,  §  1478. 

Service  of  application  for  writ,  §  1475. 

Subpoenas,  clerk  to  issue,  §  1504. 

Subpoenas  need  not  be  sealed,  §  1503. 

Superior  court  or  judge  issuing,  second  writ  not  to  issue,  §  1,475. 

Superior  court  or  .judge  may  issue,  §  1475. 

Supreme  court  or  justice  may  issue,  §  1475. 

Time,  may  be  issued  and  served  on  any  day  or  at  any  time,  §  1502. 

"Warrant,  defect  in  form,  no  ground  for,  §  1488. 

Warrant,  defective,  proceedings  on,  §  1489. 

Warrant  instead  of  writ,  clerk  to  issue,  §  1503. 

Warrant  instead  of  writ,  how  executed,  §  1499. 

Warrant  instead  of  writ,  may  include  person  charged  with  deten- 
tion, §  1498. 

Warrant  instead  of  writ,  may  issue  at  any  time,  §  1502. 

"^'arrant  instead  of  writ,  may  issue  in  what  cases,  §  1497. 

Warrant  instead  of  writ,  party  discharged  or  remanded,  §  1501. 

Warrant  instead  of  writ,'  returnable  at  county  seat,  §  1504. 

Warrant  instead  of  writ,  return  and  hearing  on,  §  1500. 

Warrant  instead  of  writ,  to  be  sealed,  §  1503. 

Warrant  instead  of  writ,  to  be  served  and  returned  forthwith, 
§  1503. 

What  to  contain,  §  1477. 

Where  process,  warrants  and  writs  returnable,  §  1504. 

Who  may  grant,  §  1475. 

Who  may  prosecute,  §  1473. 

Witnesses  at  hearing,  §§  1484,  1489. 

HAIR. 

Act  relating  to  cutting  of.  §  1615,  note. 

Cutting  hair  of  prisoner  convicted  of  misdemeanor,?  1615. 


INDEX.  987 

HALIBUT.     See  Game  Laws. 

HANGING. 

Exeeution  by,  §§  122S,  1229. 

HARBOR. 

Obstruetion   of   navigation   of,  a   misilenieauor,  §  li  1 ;!. 

HARBOR  COMMISSIONERS.     See  San  Fianeiseo. 

HAWK.     See  Game  Laws. 

Cooper's,  is  a  predatory  bird,  §  637^i;. 

Duck,  is  a  predatory  bird,  §  637i/^. 

Sharp  shinned,  is  a  predatory  bird,  §  637VL'. 

HAY. 

Burning  stack  of,  punishment  of,  §  600. 

False  weight  in  sale  of,  a  misdemeanor,  §  55-3. 

HAZING. 

A  misdemeanor,  §  367b. 
Punishment  of,  §  367b. 

HEALTH.     See  Health  Laws;  Public  Health. 

HEALTH  LAWS. 

Contagious  disease,  exposing  one's  self  or  another  afflicted  with 
a  misdemeanor,  §  394. 

Exhumation  and  removal  of  dead  bodies,  regulation  of.  Ap- 
pendix, tit.  "Public  Health." 

Exposing   infected    person,  §  394. 

Hospitals    for    persons    with    infectious    diseases,    maintaining,    a 

misdemeanor,  §  373. 

Neglect  to  perform  duty  under,  a  misdemeanor,  §  378. 

Pest-house,   maintaining,   a   misdemeanor,  §  373. 

Violating   quarantine   laws,    punishment   of,  §  376. 

Violation  of  duty  by  person  charged  with  registration  of  deaths, 
a  misdemeanor,  §  377. 

Violation  of  health   laws,  what  acts  are,  §  377. 

Willful  violation  of,  punishment  of,  §§  377,  378. 

HEMP. 

Prison  directors  authorized  to  purchase.  Appendix,  tit.  "State 
Prison." 

HEREDITAMENT. 

Eeal   property   includes,  §  7. 

HIGHWAY. 

Carcass  or  offal,  putting  in,  a  misdemeanor,  §  374. 

Dead  animal,  putting  in,  a  misdemeanor,  §  374. 

Engineer  crossing  without  ringing  a  bell  or  sounding  whistle,  a 

misdemeanor,  §  390. 
Glass,  tacks,  etc.,  throwing  upon  highway,  punishment  of,  §  5S8a. 
Guide-board,  malicious  injury  of,  a  misdemeanor,  §  590. 
Guide-board,  one-half  the  fines  for  injuries  to,  to  go  to  informer, 

§  590a. 
Injuries  to,  malicious,  punishment  of,  §  588. 
Mile-stones,  malicious  injury  to,  a  misdemeanor,  §  590. 
Mile-stones,    one-half    the    fines    for    injuries    to    go    to    informer, 

§  590a. 
Racing  on,  a  misdemeanor,  §§  396,  415. 


988  INDEX. 

HIGHWAY.      (Contiuucd.) 

State,    barriers    arouiul    clotiecl    idail,    (lc|partiiiciit    oT    eiiyiiieeriiiy 

may  erect,  §  5S8b. 
State,    closed,    tearing    down    barriers,    or    iiotifos,    or    destroying 

warning  liglits,  a  niisdenieanor,  §  oSSli. 
State,    closing,    posting    notices    and    placing    warning    liglits    by 

department   of   engineering,  §  588b. 
State,  department  of  engineering  may  close   when,  §  .jS8b. 
State,  injuring  or  removing  stakes   or  monuments  of   (!(']iartinent 

of  engineering,  a  misdemeanor,  §  .58Sc. 

HIRING.     See  Master  and  Servant. 

HOME  OF  INEBEIATES. 

Of  San  Francisco,  act  continued  in  force,  §  23. 

HOMICIDE. 

Accident,  by,  excusable,  §  195. 

Appeal  sta3-s  judgment   of  conviction,  §  1243. 

Arrest,  in  making,  justifiable,  §  19G. 

Assault  with  intent  to  kill,  punishment  of,  §217. 

Bare  fear  wnll  not  justify,  §  198. 

Bodily  injury,  to  prevent,  justifiable,  §  197. 

Burden  of  proof,  shifting  of,  on  trial  for  murder,  §  1105. 

Challenge,   conscientious   scruples   against   2)enalty   as    ground    of. 

§1074. 
Child,  in  correcting,  excusable,  §  195. 
Child,  in  defense  of,  justifiable,  §  197. 
Combat,  on  a  sudden,  excusable,  §  195. 
Death  must  be  within  year  and  day,  §  194. 
Escaping  felons,  in  retaking,  justifiable,  §  19G. 
Excusable,  in  what  cases,  §  195. 
Excusable,   not  punishable,  §  199. 
Fear,  when  and  when  does  not  justify,  §  198. 
Felon,  in  retaking,  justifiable,  §  196. 
Felony,  in  apprehending  person  for,  justifiable,  §  197. 
Felony,  to  prevent,  justifiable,  §  197. 
Fugitives,   in   arrest   of,   justifiable,  §  196. 
Habitation,  in  defense  of,  justifiable,  §  197. 
Ileat  of  passion,  in,  excusable,  §  195. 
Husl>and,  in  defense  of,  justifiable,  §  197. 
Husband,  killing  of  by  wife,  p)unishmeut  of,  §  191. 
Jurisdiction  where  injury  in  one  county,  death  in  another,  §  790. 
Justifiable  by  officers,  in  what  cases,  §  196. 
Justifiable  by  persons  other  than  officers,  in  what  cases,  §  197. 
Justifiable,  burden  of  proof,  §  1105. 
Justifiable,  fear  to  justify,  what  must  be,  §  198. 
.Justifiable,  not  by  bare  fear,  §  198. 
.Justifiable,  not  punishable,  §  199. 
Limitation  of  action  for,  no,  §  799. 
Malice,  defined,  §  188. 
Malice,  express,  defined,  §  188. 
Malice,  implied,  defined,  §  188. 
Malice  may  be  express  or  implied,  §  188. 
Manslaughter,  death  must  be  within  a  year  and  day,  §  194. 
Manslaughter,  defined,  §  192. 
Manslaughter,  involuntary,  defined,  §  192. 
Manslaughter,  punishment  of,  §  193. 
Manslaughter,  voluntary,  defined,  §  192. 


INDEX. 


989 


HOMICIDE.      (Continued.) 

Manslaughter,  voluntary  or  involuntary,  §  192. 

Master,  in  defense  of,  §  197. 

Master,  killing  of  by  servant,  punishment  of,  §  191. 

Misfortune,  by,  excusable,  §  19.5. 

Mistress,  in  defense  of,  justifiable,  §  197. 

Murder,  assault  with  intent  to  commit,  punishment  of,  §  217. 

Murder,  death  must  be  within  a  year  and  a  day,  §  191. 

Murder,  defined,  §  187. 

Murder,  degrees  of,  §  189. 

Murder,  first  degree,  what  is,  §  189. 

Murder,  in  prevention  of,  justifiable,  §  197. 

Murder  in  second  degree,  punishment  of,  §  190. 

Murder,  punishment  of,  §  190. 

Murder,  second  degree,  what  is,  §  189. 

Murder,  shifting  of  burden  of  proof  on  trial  for,  §  11  Oo. 

OflScers,  by,  justifiable  in  what  cases,  §  196. 

Parent,  in  defense  of,  justifiable,  §  197. 

Peace,  committed  in  preserving  justifiable,  §  197. 

Peremptory  challenges,  number  of  allowed,  §  1070. 

Person,  in  defense  of  justifiable,  §  197. 

Petit  treason,  common-law  distinctions  abolished,  §  191. 

Petit  treason,  punishment  of,  §  191. 

Petit  treason,   what   killings   regarded   as,   at   common   law,  §191. 

Preliminary  examination,  tcstimonv,  how  taken  and  authenti- 
cated, §  869. 

Preliminary  examination,  testinionj^  of  witnesses  to  be  reduced 
to  writing,  §  869. 

Process,  in  overcoming  resistance  to,  justifiable,  §  19  7. 

Property,  in  defense  of,  justifiable,  §  197. 

Provocation,  on  a  sudden,  excusable,  §  19.j. 

Betaking  felon  or  escaped  prisoner  in,  justifiable,  §  196. 

Kiot,  in  suppressing,  justifiable.  §  197. 

Self-defense,  bare  fear  not  to  justify  killing,  §  198. 

Self-defense,  in,  justifiable,  §  197. 

Servant,  in  correcting,  excusable,  when,  §  19.5. 

Servant,  in  defense  of,  justifiable,  §  197. 

Sudden  combat,  on,  excusable,  §  195. 

Wife,  in  defense  of,  justifiable,  §  197. 

HOMING  PIGEONS. 

Shooting,  killing  or  detaining,  a  misdemeanor,  §  59Sa. 
Shooting,  maiming  or  detaining,  punishment  of,  §  598a. 

HONEY. 

Adulteration  of  prohibited.     Appendix,  tit.  "Adulteration." 

HORSE. 

Altering  brand  of,  punishment  of,  §  857. 
Feloniously  taking,  is  grand  larceny,  §  487. 
Glanders,  exposing  horse  with,  a  misdemeanor,  §  402. 

HORSE-RACING.      See  Eace. 

Pool-selling  and  bookmakiny-,  prohibition  and  punishment  o£ 
§  337a. 

HOSPITAL. 

Keeping  for  contagious  disease,  a  misdemeanor,  §  373. 

HOTELS. 

Gas  not  to  be  turned  off  at  meter.     Appendix,  tit.  "Gas." 


990  INDEX. 

HOURS  OF  LABOR. 

By  minors,  §  (i;!!. 

Kiglit-lioiir  law,  duly  of  oflic-ors  under,  §  (irj.'Jc. 
Kiu;lit-lu)ur  law,  for  public  works,  §  G'jUe. 
Kight-hour  law,  punisluiiout  for  violating,  §  Gaoc 
Eiglit-liours,  limit  of  may  be  exceeded,  when,  §  fi.llic. 
Police  officers,  of.     Appendix,  tit.  "Police." 

HOUSE.     Sec  House  of  Til-Fame. 

Keeping  disorderly,  a   misdemeanor,  §  31G. 

HOUSE  FINCH.     Sec  Game  Laws. 

HOUSE  OF  ILL-FAME.     See  I'rostitution. 

Sending  infant  Tinder  eighteen   to,  a  misdemeanor,  §  27.3f. 

HUMANE  SOCIETY.     See  Cruelty  to  Animals. 

HUMBOLDT  BAY. 

Depositing  sawdust,  slabs,  etc.,  in,  a  misdemeanor,  §  ()12. 

HUNTING.     See  Game  Laws. 

Act  to  prevent  hunting  on  inclosed  land.     Appendix,  tit.  "Fences 

and  Inclosures." 
On  inclosed  land,  punishment  for  injuries  to  animals,  §  384c. 
On  inclosed  land  without  permission,  a  misdemeanor,  §  602. 

HUSBAND  AND  WIFE. 

Abandonment    or    neglect    of    wife,    compelling    husband    to    work 

and  paying  proceeds  to  wife,  §  273h. 
Abandonment  or  neglect  of  wafe,  competency  of  wife  as  witness, 

§1322. 
Competency  of  as  witnesses  in  criminal  actions,  §  1322. 
Fine  imposed  for  non-support  of  wife  may  be  paid  to  wife,  §  270d. 
Homicide  in  defense  of,  justifiable,  §  197. 
Killing  of  husband  by  wife,  punishment  of,  §  191. 
Married   woman's   crimes,   liability   for,  §  2(3. 
Married  persons  selling  or  mortgaging  land  under  false  pretenses, 

punishment  of,  §  534. 
May  occupy  same  room  in  jail,  §  I.tIM). 
Necessaries,   failure   of  husband   to   supply   for  wife,   punishment 

for,  §  270a. 
Non-support    of    wife,    abandonment    or    neglect    is    prima    facie 

willful,  §  270e. 
Non-support  of  wife,  proof  of  marriage,  §  270e. 
Non-support   of   wife,   rule   as   to   privileged   communications   be- 
tween does  not  apply,  §  270e. 
Non-support  of  wife,  sus  lending  sentence  on  giving  bond,  §  270b. 
Permitting  or  conniving  at  wife  remaining  in  house  of  ill-fame, 

punishment,  §  266g.  «' 

Placing  wife  in  house  of  prostitution,  punishment  of,  §  266g. 
Undertaking  for  support  of  wife,  breach  of  and  proceedings  on, 

§270b. 
Undertaking  for  support  of  wife,   giving  of  and  proceedings  on, 

§  270b. 
NMtnesses,   as,  §  1322, 


INDEX.  991 


IBIS.  See  Game  Laws 

ICE. 

Eefusal    to    obey    regulations    to    jireverit    pollution,    a    misde- 
meanor, §  377e. 

IDIOT.     See    Insane    Person. 

IGNORANCE. 

As   affecting   liabilit}-   for    crime,  §  26. 

ILLEGITIMACY.     See  Legitimacy. 

ILL-FAME.     See  House  of  Ill-Fame;  Prostitution. 

Infant   employees   not   to   be   sent   to   houses   of,  §  13S9. 

ILLNESS. 

Of  juror,  proceedings  on,  §  1123. 

IMMIGRATION  LAWS. 

Violation    of,    a    misdemeanor,  §§  174,    175. 

IMPEACHMENT. 

Answer    after    demurrer    overruled,  §  744. 

Answer   or   demur,   defendant   may,  §  743. 

Appear,    proceedings   when    defendant   fails   to,  §  742. 

Articles  of,  delivery  to  president  of  Senate,  §  739. 

Articles  to   be   prepared,  i^resented  and   prosecuted   by   assembly, 

§738. 
Code    preserves     remedy    of,    for    criminal     acts    although    not 

specified,  §  10. 
Conviction,    judgment    on,    how    pronounced,  §  747. 
Conviction,  two-thirds  vote  neccssar3%  §  746. 
Demur  or  answer,   defendant   may,  §  743. 
Demurrer  overruled,  answer  to  be  filed,  §  744. 
Disqualified,   officer  is,   until   acquitted,  §  751. 
Governor  cannot  reprieve,  commute  or  pardon,  §  1417. 
Hearing,  Senate   to  notify   assembly   of,  §  740. 
Hearing,  Senate  to  set  time  for,  §  740. 
Indictment  or  information,  not  a  bar  to,  §  753. 
Judgment  of  Senate,  resolution  becomes  on  adoption,  §  748. 
Judgment   of  suspension,  effect   of,  §  750. 
Judgment  on  conviction  pronounced,  how,  §  747. 
Judgment  on  conviction,  what  may  be,  §  749. 
Judgment  on  conviction,  when  pronounced,  §  747. 
Lieutenant-governor,   of,   presiding   officer  in   case   of,  §  752. 
Notice  to  appear  and  answer,  §  740. 
Oath  of  senators,  §  745. 
Office,  filling  of,  in  case  of  removal,  §  751. 
Office  to  be  temporarily  filled  pending  proceedings,  §  751. 
Officer  is  suspended  from  office  pending  proceedings,  §  751. 
Officers  liable   to,  §  737. 
Pardon,  governor  may  not,  §  1417. 
Plea  of  guilty,  proceedings,  §  744. 
Plea  of  not  guilty,  proceedings  on,  §  744. 
Plea  of  not  guilty  to  be  entered,  §  743. 
Plea  of  not  guilty,  what  puts  in  issue,  §  743. 


i)!)2  INDEX. 

IMPEACHMENT,      (^((.iiliiiucd.) 

Pica,  refusal  to  make,  ijrocecdiiigs,  §  744. 

Presiding  ottieer,  when  lieutenant-governdr  iiii|if;tilie<l,  §  7.")2. 

Proceedings  to  he  by  resolution   originated  in   asseinljly,  §  T.'JS. 

Proceedings  for  preserved  by  code, §  lO. 

Punishment   of,  §S  749-753. 

Itemoval,  filling  of  ofifice  on  and   term  of  apjjointee,  §  7')  1. 

Kcmoval  otherwise  than  by  impeachment,  §§  7.j8-777. 

Senate,  members  of,  to  be  sworn  by  j)resi(lent,  §  74-'). 

Senate,  president  of,  to  lie  sworn  by  secretary,  §  74.1. 

Senator  not  sworn  not  to  act  or  vote,  §  74;!. 

Service,  how  made,  §  741. 

Service  of  articles  may  be  by  publication  when,  §  741. 

Service  of  articles  may  be  made  on  defendant  personally,  §  741. 

Service  on  defendant  of  articles  of  impeachment,  §  740. 

Suspension,  effect  of  judgment  of,  §  750. 

Suspension,   filling   of   office   pending,  §  751. 

Suspension  of  officer  jiending  jtroceedings,  S  751. 

To  be  by  resolution  originated  in  assembly,  §  738. 

Trial  to  be  before  Senate,  §  738. 

Two-thirds  vote   necessarj'  to  convict,  §  74fi. 

Vacancy,  filling  during  suspension  pending  the  proceedings,  §  751. 

Vacanc}',  filling  of  office  on  removal  and  term  of  appointee,  §  751. 

Vote  to  be  by  ayes  and  noes,  §  74tj. 

IMPERSONATION,  FALSE.     See  False  Personation. 

IMPLEMENTS. 

Possession    of   burglarious,    a    misdemeanor,  §  46fi. 

IMPLIED  MALICE. 

In  homicide,  §  188. 

IMPORTATION. 

Of  Chinese   or  Japanese,  §§  174,   175. 
Of  convicts,  punishment  of,  §§  173,  175. 

IMPRISONMENT.     See   Punishment;   Sentence. 

Before   conviction   not   to   be   subjected   to   unnecessary   restraint, 

§688. 
Civil  death  from  life  imprisonment.  §  674. 
Civil  rights  suspended  during,  §  673. 
Convict   protected   during,  §  676. 
Defendant  before   conviction  not   to  be   unnecessarily   restrained, 

§  688. 
Discretion  where  limit   is  imprisonment  for  life,  §6(1. 
Duration,  on  judgment  to  pay  fine,  §  1205. 
Duty  of  sheriff  on  receiving  copy  of  judgment  of,  §  1216. 
False.     See   False   Imprisonment. 
Fine  and,  duration  of  imprisonment,  §  1205. 
Fine,  in  case  of  non-payment  of,  §§  1205,  1446,  1456. 
Fine,  limit  on   imprisonment   in  case   of  non-payment   of,  §§  1205, 

1446. 
Fine  may  be  added  to,  §  672. 
Forfeiture    resulting   from,  §  677. 

.Judgment   of  fine  and   imprisonment,   how  executed,  §  1215. 
Judgment,  of,  how  executed,  §§  1215,  1216,  1455. 
Life,  discretion  as  to  where  no  limit  fixed,  §  671. 
Prisoner  competent  to   convey  property,^§_675. 
Prisoner  not  incompetent  as  witness,  §  675. 


INDEX.  993 

IMPEISONMENT.      (Continued.) 

Second   term   of,   when   commences,  §  669. 

Temporary  release  of  prisoner,  time  not  to  be  computed,  §  670. 

Term  of  commences  when,  §  670. 

IMPROVEMENT. 

Removing  from   mortgaged   property   a   larceny,  §  502. 

INCEST. 

Defined,  §  285. 

Jurisdiction  of,  §  785. 

Marriage,  solemnizing  an  incestuous,  punishment  of,  §  359. 

Punishment   of,  §  285. 

What  acts  constitute,  §  285. 

INCLOSURES. 

Acts  to  prevent  entering  and  hunting  upon  inclosed  lands,  §§  384c, 
602,  note. 

Entering  without  permission  to  hunt,  a  misdemeanor,  §  602. 

Hunting  on  inclosed  lands,  act  to  prevent.  Appendix,  tit.  "Fences 
and  Inclosures.'' 

Leaving  open,  act  to  prevent.  Appendix,  tit.  "Fences  and  In- 
closures." 

Tearing  down  fences   to   make   passage  through,  §  602,  subd.   8. 

INDECENCY. 

Act   outraging  public   decency   a   misdemeanor,  §  650''/{>. 

Indecent  articles,  character  of,  to  be  determined,  §  313. 

Indecent  articles  to  be  destroyed,  §§  313,  314. 

Indecent  articles  to  be  seized,  §  312. 

Procuring   another   to   make   indecent   exhibition,   punishment   of, 

§311. 
Procuring   or  assisting  another   to   make,   a   misdemeanor,  §  311. 

INDECENT  EXPOSURE. 

Lascivious  conduct  with  child,  punishment  of,  §  288. 
Punishment  of,  §  311. 
What   constitutes,  §  31 1. 

INDECENT  LANGUAGE. 

Punishment  for  use  of,  §  415. 

INDIAN. 

Ammunition,  sale  to,  a  misdemeanor,   provision   repealed,  §  398. 
Firearms,  sale  to,  a   misdemeanor,   provision   repealed,  §  398. 
Liquor,  selling  or  furnishing  to,  a  misdemeanor,  §  397. 
Not  punishable  as  vagrants,  §  647. 

Selling  or  furnishing  liquor  to  Indians  of  mixed  blood,  a  misde- 
meanor, §  397. 

INDICTMENT.     See    Accusation;    Demurrer;    Grand    Jury;    Informa- 
tion;  Pleading,   etc. 

Accessory  before  fact,  and  principal,   distinction   abolished,  §  971. 

Accessory  before  fact,   indictment,  allegations  in,  §  971. 

Accessory,  of,  though  principal  not  indicted,  §  972. 

Acquittal  of  one  or  more,  when  several  charged,  §  970. 

Acts  constituting  offense,  sufficiency  of  allegations,  §§  950,  951, 
959. 

Alternative,  offense  may  be  set  out  in,  §  954. 

Amendment,  changing  offense  not  allowed,  §  1008. 
Pen.  Code — 63 


994  INDEX. 

INDICTMENT.      (Coutium>(l.) 

Amoiuliiient  of,  right  of,  §  1008. 

Aiiiendnient  to,  time  of,  §  1008. 

Answer  to,  allowance  of  time  for  on  arraignment,  §  i)!Hi. 

Appeal  lies  from  ruling  on,  §  12.'58. 

Arrest  of  judgment  for  defects  in,  §  llSo. 

Bail  on,  §§  128-1-1289. 

Certain,  must  be,  as  to  what,  §  952. 

Certainty,   sufficiency   of,  §  9.'J9. 

Concurrence  of  twelve  jurors  necessary,  §  940. 

Consolidation   of  indictments,   court   may  order  when,  §  954. 

Conspiracy  to  cheat,  or  defraud  of  money,  bank  notes,  etc.,  for, 

§  967. 
Conspiracy   to   procure,  §  182. 
Construction  of  words  in,  §  957. 
Contains  what,  §  950. 

Conviction   may  be  had  on   any  offense  charged,  §  954. 
Counts,  separate,  election  between,  not  required,  §  954. 
Counts,   separate,   in,  §  954. 

Custody,  proceedings  when  defendant   not  in,  §  945. 
Defects  in,   what  do  not  affect,  §  959. 

Defendant  can  be  convicted  of  any  offense  charged,  §  954. 
Defined,  §  917. 

Degree  of  evidence  to  warrant  finding,  §  921. 
Demurrer,    allowance    of,    examination    before    magistrate    after, 

§  1008. 
Demurrer,  how  far  a  bar  when  allowed,  §  1008. 
Demurrer  to,   grounds   of,  §1004. 
Demurrer  to.     -See  Demurrer. 
Depositions,    indorsement    and    return    of    on    dismissal    of    charge, 

§941. 
Description  of  offense,  suf!ieiency  of,  §§  950,  951,  959. 
Different  offenses,  charging,  §  954. 

Different  offenses  relating  to  same  act  may  be  charged,  §  954. 
Different   statements   of   same   offense   permitted,  §  954. 
Direct,  must  be,  as  to  what,  §  952. 
Discharge    of    defendant    where    on    resubmission    no    indictment 

filed,  §  998. 
Disclosing  fact  of,  a  misdemeanor,  §  168. 
Dismissal  of,  not  a  former  acquittal,  §  1021. 
Dismissal  as  a  bar,  §  1008. 

Dism.issal,  resubmission  of  case  after,  proceedings   on,  §  1008. 
Dismissal  to  be  ordered  where  demurrer  sustained  without  leave 

to  amend,  §  1008. 
Dismissal,  resubmission  to  grand  jury, "§942. 
Dismissal,  return  of  depositions,  etc.,  to  court,  §  941. 
Dismissal  where  not  found  within  thirty  days,  §  1382. 
Election   between   counts   not   required,  §  954. 
Embezzlement  of  money,  bank  notes,  etc.,  for,  §  967. 
Erroneous  statement  as  to  person  injured  immaterial,  when,  §  956. 
Error  in  form  merely  does  not  affect,  §  960. 
Errors  not  affecting  substantial  rights  not  material,  §  1404. 
Evidence  sufficient  to  warrant,  §  921. 
Fictitious  name,  inserting  true  name,  §§  953,  989. 
Fictitious  name,  proceedings  on  arraignment,  §  989, 
Filed,  how,  §  944. 

First  pleading  of  people,  is,  §  949. 
Forgery,  for,  misdescription  of  instrument  when  immaterial,  §  965. 


INDEX.  995 

INDICTMENT.      (Contiuued.) 

Form,    defect    of,    not    tending   to   prejudice    defendant    does    not 
vitiate,  §  96U. 

Form  of,  §  951. 

Forms  of  prescribed  by  code,  §  948. 

Found  after  allowance  of  challenge  to  panel  set  aside,  §  899. 

Found  when  presented  and  filed,  §  803. 

Grand  jury  to  inquire   into   case   of  persons  imprisoned   and   not 
indicted,  §  923. 

Impeachment  not  a  bar  to,  §  753. 

Indorsement  of,  §  940. 

Indorsement  of,  foreman  must  sign,  §  940. 

Indorsement  that  charge  dismissed,  §  941. 

Inquiry  into  conduct  and  management  of  prisons,  §  923. 

Inquiry  into   misconduct   of  officers,  §  923. 

Insufficiency   of  pleading,  rules  prescribed  by   code,  §  948. 

Insufficient,  not,  for  defect  in  form,  §  960. 

Joinder  of  offenses  in,  §  954. 

Joint,    discharging    defendant    that    he    may    be    witness,  §§  1099- 
1101. 

Joint,  one  or  more  may  be  acquitted  or  convicted,  §  970. 

Joint,  separate  trials,  §  1098. 

Judgment  pleaded  how,  §  962. 

Judicial   notice,  matters   of  wliich   taken   need   not   be   stated   in, 
§961. 

Justice's  court,   proceedings   in   need   not  be  prosecuted   by   infor- 
mation or,  §  682. 

Larceny  of  monev,  bank   notes,  etc.,  for,  §  967. 

Libel,  for,  §  964. 

Limitation  of  time  to  file,  §§  799,  800,  801,  802. 

Limitation  of  time  to  file,  absence  of  defendant  suspends,  §  802. 

Lost,  how  supplied,  §  810. 

Lost,  supplying,  effect  of  sulistituted  pleading,  §  810. 

Must  contain  what,  §  950. 

Name,    erroneous    in,    proceedings    where    true    name    ascertained, 
§939. 

Name,  in  wrong,  proceedings  at  arraignment,  §  980. 

Name,  in  wrong,  inserting  correct  name,  §  953. 

Name,  in  wrong,  sufficiency  of,  §  959. 
_  Names  of  witnesses  to  be  inserted,  §  943. 

Number  of  jurors  necessary  to  find,  §  940. 

Objection  of  want  of  jurisdiction  not  waived  bv  failure  to  demur, 
§  1012. 

Objection  of  want  of  jurisdiction,  when  and  how   mav  be  taken, 
§  1012. 

Objection  that  facts  stated  are  not  an  offense,  not  waived  by  fail- 
ure to  demur,  §  1012. 

Objection  that  facts  are   not   an  offense,  when   and   h.ow   may  be 
taken,  §1012. 

Objections  to,  how  taken,  §  1012. 

Objections  to,  w^aived  when,  §  996. 

Objections  to,  what  need  not  be  taken  by  demurrer,  §  1012. 

Objections  to,  what  not  waived  by  failure  to  demur,  §  1012. 

Objections  to,  what  to  be  taken  by  demurrer,  §  1012. 

Objections  what  waived  by  failure  to  demur,  §  1012. 

Obscene  books,  pictures,  etc.,  for  selling,  exhibiting,  etc.,  §  968. 

Offenses  may  be  set  forth  under  different  counts,  §  954. 

Offenses  occurring  at  different  times  and  places  may  be  ioined, 
§  954. 


996  INDEX. 

INDICTMENT,      (Cuutimied.) 

otloiises  to  be  prosecuted  by  iiidictmcnt  or  iiiforination,  §  G82. 

Olleiises,  what  need  not  be  prot-ecuted  by  information  or,  S  G82. 

Otiicers,  indictments  against,  in  wliat  county  found  or  filed,  §  890. 

Officers,  proceedings  for  renioval  need  not  be  j>rosecuted  by  in- 
formation or,  §  682. 

Perjury  or  subornation  of,  i)leuding  in  indictment  for,  §  9(5(3. 

Place  of  offense,  allegation  of,  §  959. 

Pleadings  to,  §  990. 

Police  court,  proceedings  in  need  not  be  prosecuted  liy  informa- 
tion or,  §  (582. 

Presented,  how,  §  944. 

Presentment  defined,  §  91(5. 

Presumption  of  guilt  from  finding,  §  1270. 

Presumj)tions  of  law  need  not  be  stated,  §  9()]. 

Prior  conviction,  charge  not  to  be  read  to  jury  or  alluded  to, 
§§  102.5,  1093. 

Prior  conviction,  how  charged,  §  909. 

Prior  convictions,  not  more  than  two  to  be  charged,  §  969. 

Private  injury,  erroneous  statement  as  to  injured  person  not  ma- 
terial, §  956. 

Private  statute,  pleading,  §  963. 

Proceedings  on  finding  indictment  against  defendant  not  in  cus- 
tody, §  945. 

Prosecutions  to  be  by  indictment  or  information  in  what  cases, 
§§  682,  888. 

Eesubmission  where  charge  dismissed,  §  942. 

Separate  counts,  election  between,   not  required,  §  954. 

Separate  counts  in,  permitted,  §  954. 

Setting  aside,  defendant  may  move  to  set  aside,  §  990. 

Setting  aside,  effect  of  order  for  resubmission,  §§  997,  998. 

Setting  aside,  motion  for,  when  heard,  §  997. 

Setting  aside,  on  motion,  grounds  for  §  995. 

Setting  aside,  order,  no  bar  to  future  prosecution,  §  999. 

Setting  aside,  proceedings  where  motion  denied,  §  997. 

Setting  aside,  proceedings  where  motion  granted,  §§  997,  998. 

Setting  aside,  w^aiver  of  objections  to  indictment  by  not  moving 
to  set  aside,  §  996. 

Statute,  words  in  need  not  be  strictly  pursued,  §  958. 

Subornation  of  perjury,  for,  §  966. 

Sufficient,  when,  generally,  §  959. 

Superior  judge,  of,  proceedings  on  §  1029. 

Time  of  offense,  allegation  of,  §  959. 

Time  of  offense,  statement  of,  §  955. 

Time  to  file,  §    1382. 

Time  when  found,  §  803. 

Twelve  jurors  must  find,    §  940. 

Verdict  to  state  offense  where  several  offenses  charged,  §  954. 

Waiver  of  defects  for  failure  to  demur,  §§  1012,  1185. 

Waiving  objections  to,  by  not  moving  to  set  aside,  §  996. 

What  must  contain,  §  950. 

What  prosecution  must  be  by  indictment  or  information,  §§  682, 
888. 

What  to  contain  generally,  §  950. 

When  offenses  not  presented  by,  §  682. 

When  sufficient  generally,  §  959. 

Witnesses,  failure  to  indorse  names  on,  setting  aside  indictment, 
§995. 


INDEX.  .  997 

INDICTMENT.      (Continued.) 

Witnesses  indorsement  of  names  on,  §  943. 

A\'ords  of  statute  not   to  be  pursued  stricth',  §  95S. 

INDORSEMENT. 

Commitment   on  warrant   of  arrest,   of,  §  863. 

Commitment,  of,  when  otfense  bailable,  §  875. 

Commitment,  of,  when   offense  not  bailable  §  873. 

Magistrate,  of,  when  defendant  discharged,  §  871. 

Magistrate,  of,  when  defendant  held  to  answer,  §  872. 

Indictment  names  of  witness  on,  §  943. 

Indictment,  "a  true  bill,"  on,  §  940. 

Indictment,  indorsement  of  names  of  witnesses  on,  §  943. 

Warrant  of  arrest,   on,  §  819. 

Order  for  admission  to  bail,  on,  §  982. 

INDUSTRY.     See  Preston  School  of  Industry. 

INEBRIATE. 

Home  for,  in  San  Francisco,  act  continued  in  force,  §  23. 

INFANT.     See  Guardian  and  Ward;  Tobacco. 
Abandoning  by  parent,  punishment  of,  §  271. 
Abandonment  of.     See  Parent  and  Child. 

Abduction  for  purpose  of  prostitution,  punishment  of,  §§  267,  784. 
Acts  for  protection  of  children,  §  272,  note. 
Adult  prisoner,  infant  under  sixteen  not  to  be   confined  with   or 

placed  in  company  of,  §  273b. 
Apprenticing  or  selling  children  for  exhibition,  as  mendicants  or 

for  immoral  purposes,  §  272. 
Begging,  prevention  of  and  punishment  for,  §§  272,  273. 
Begging,  using  for,  §§  272,  273. 
Challenge  to  as  grand  jurors,  §  896. 

Charitable   corporation,  committing  delinquents  to,  §  1388. 
Charitable   corporation,   orphan   asylum,   etc.,   committing   custody 

of  to,  §  273d. 
Child  under  sentence  not  to  be  confined  or  transported  with  adult, 

§  273b. 
Child-stealing,  punishment   of,  §  278. 
Criminal  liability  of,  §  26. 
Cruelty  to,  a  misdemeanor,  §  273a. 
Cruelty   to,    fines    collected   paid    to    societies   for    prevention    of, 

when,  §  273c. 
Custody,  may  be  committed  to  orphan  asylum,  charitable  institu- 
tion, etc.,  when,  §  273d. 
Custody  of,  power  of  court  over,  §  273d. 
Dependent  and  delinquent  children.     See  Juvenile  Court. 
Delinquent     committed   to   charitable     corporation,     expenses     of, 

§1388. 
Employees  not  to  be  sent  to  questionable  resorts,  §  273e. 
Endangering  life,  limb,  or  health  of  child,  a  misdemeanor,  §  273a. 
Enticing  away  child,  jurisdiction,  §  784. 

Execution  of  judgment  of  death,  infant  not  permitted  at,  §  1229. 
Exhibition   of,  unlawful,  §§  272,   273. 
Expenses  of  under  probationary  treatment,  §  1388. 
Fines  for  offenses  to  children,  disposition  of,  §  273e. 
Fines  for  offenses  to,  paid  to  societies  for  jirevention  of   cruelty 

to  children,  when,  §  273c. 


998  -  INDEX. 

INFANT.      (Continuod.) 

Kiiitidulout    proti'iisfs   ;is    to   hiitli    oT,    to   secure    propi'i't y,    ]iiiiiish- 

inent  of,  §  15(). 
(laiiiblo,  jieniiittinK  '<>,  -i   misdoincaiior,  S  •'•ifi. 
(■aiiibliii^  pliicc,  sciidiiij^  iiiiiior  uinior  eiylitccn  to,  a  misdemeanor, 

§  27:{f. 
Habitual  intoxii-atiou   in  jnesciH-c  of,  a  iiiisdemeannr,  §  GT.Tg. 
Hire  of,  unlawful,  §§  272,  27."?. 

Inwnoral  plac  e,  sending  minor  to,  a  misdemeanor,  §  27.''.e. 
Immoral  practices  in  jiresence  of,  a  misdemeanor,  §  27.3g. 
Injury  to  child,  a  )nisdemeanor,  §  273. 
Intoxicating   liquors,    not    permitted    to    enter    place    where    sold, 

§  397b. 
Intoxicating  liquors,  selling  or  giving   to,  a  misdemeanor,  §  397b. 
Junk,  etc.,  receiving  from,  person  under  sixteen,  a  misdemeanor. 

§  oOl. 
.Jurisdiction  of  offense  of  enticing  or  decoying  away  child,  §  784. 
Jurisdiction  of  offense  of  inveigling  away  minor  for  prostitution, 

§  784. 
Juvenile  court.     See  Juvenile  Court. 
Juvenile     offenders.     See     School     of     Industry;     Whittier     State 

School. 
Kidnaping.     See   Kidnaping. 
Lascivious  conduct  with,   punishment,  §  288. 
Liability  of  infant  under  fourteen  for  crime,  §  26. 
Liquor,  act  to  prevent  sale  of  to  children,  §  397b,  note. 
Liquor,  giving  or  selling  to  minor  under  eighteen,  a  misdemeanor, 

§  397b. 
Liquor,  selling  or  giving  to  minor,  punishment,  §  397b. 
Maliciously,    forcibly    or    fraudulently    taking    or   entii'ing   away, 

punishment  of,  §  278. 
Mendicant  purposes,  using  for,  §§  272  273. 

Messengers,  sending  to  questionable  places,  a  misdemeanor,  §  273e. 
Musician,    consent    to    employment    of    child    as,    a    misdemeanor, 

§§  272,  273. 
Musician,  employment  of  child  as,  a  misdemeanor,  §§  272,  273. 
Parent  omitting  to  provide  for,  a  misdemeanor,  §  270. 
Persons  inciting  children  under  fourteen  to  commit  are  principals, 

§31. 
Probationary  treatment  of  juvenile  delinquents,  §  1388. 
Prostitution,  abducting  or  inveigling  for,   punishment  of,  §  267. 
Prostitution,  abduction  or  inveigling  for,  jurisdiction   over,  §  784. 
Prostitution,  admitting  to  or  keeping  in  places  of,  a  misdemeanor, 

§  309. 
Prostitution,  parent  or  guardian  permitting  or  conniving  at  child 

being  in  house  of,  a  misdemeanor,  §  309. 
Prostitution,  sending  minor  to  house  of,  a  misdemeanor,  §  273e. 
Purchasing  junk  from  minor  under  sixteen,  a  misdemeanor,  §  501. 
Keceiving  junk  in  pledge  from  minors  a  misdemeanor,  §  .501. 
Eequiring  wards  or   apprentices  to   work   more  than   eight   hours 

a  misdemeanor,  §  651. 
Sale  or  disposing  of  for  certain  purposes  forbidden,  §  272. 
Saloon,  permitting  minor  under  eighteen  to  enter,  §  397b. 
Saloon  sending  minor  under  eighteen  to,  a  misdemeanor,  §  273f. 
Sending  minor  under  eighteen  to  immoral  place,  a   misdemeanor, 

§  273. 
Substituting  one  for  another,  punishment  of,  §  157. 
Tobacco,  selling  or  furnishing  to  infants  under  sixteen,  a  misde- 
meanor, §  308.     See  Tobacco. 


INDEX.  999 

INFANT.     (Coutiuued.) 

Uudei'taking  of,  as  witness  at  preliminary  examination,  §  SSO. 
Unjustifiable   punishment   of,   a  misdemeanor,  §  273a. 
Use  of  for  what  purposes,  unlawful,  §§  272,  273. 

INFECTIOUS  DISEASES. 

Animal  with,  bringing  into  state  a  misdemeanor,  §  402. 

Animal  with,  failing  to  keep  from  other  animals,  a  misdemeanor, 
§  402d. 

Exposing  one's  self  or  another  with  contagious  or  infectious  dis- 
ease, a  misdemeanor,  §  394. 

Exposing,  selling  or  using  animal  with,  a  misdemeanor,  §  402. 

Maintaining  hospitals  for  persons  with,  a  misdemeanor,  §  373. 

INFORMATION.     See   Demurrer;   Indictment;   Pleading;    Accusation, 

Accessory,  against,  though   principal  not  informed   against,  §  972. 

Accessory  before  fact,  and  principal,  distinction  abolished,  §  971. 

Acquittal  of  one  or  more  when  several  charged,  §  970. 

Acts  constituting  offense,  how  alleged,  §§  950,  951,  959. 

Amendment  charging  offense  not  shown  at  preliminary  examina- 
tion not  allowed,  §  1008. 

Amendment  of,  right  of,  §  1008. 

Amendment  to,  time  of,  §  1008. 

Answer  to,  allowance  of  time  for  on  arraignment,  §  990. 

Appeal  lies  from  ruling  on,  §  1238. 

Arrest  of  judgment  for  defects  in,  §  1185. 

Arrest,   without   warrant,    on,  §  849. 

Certain,  must  be,  as  to  what,  §  952. 

Certainty,  sufficiency  of,  §  959. 

Complaint  defined,  §' 806. 

Consolidation  of  informations,  court  may  order,  when,  §  954. 

Conspiracy  to  cheat,  or  defraud  of  money,  bank  notes,  etc.,  for, 
§  967. 

Construction  of  words  in,  §  957. 

Contains  what,  generally,  §  950. 

Conviction  may  be  had  on  any  offense  charged,  §  954. 

Corporation,  against.     See  Corporations. 

Counts,  separate,  election  between,  not  required,  §  954. 

Counts,  separate,  in,  permitted,  §  954. 

Counts,  different  offenses  may  be  charged  in,  §  954. 

Defect  of  form,  not  insufficient  for,  §  960. 

Defects  in,  what  do  not  affect,  §  959. 

Defendant  can  be  convicted  of  each  offense  charged,  §  954. 

Demurrer,  allowance  of,  examination  before  magistrate  after, 
§  1008. 

Demurrer,  how  far  a  bar  when  allowed,  §  1008. 

Demurrer  to,  grounds  of,  §  1004. 

Demurrer  to.     See  Demurrer. 

Deposition  of  prosecutor  and  witnesses  on,  §§  811,  812. 

Description  of  offense,  suflRciency  of,  §§  950,  951,  959. 

Different   offenses,  charging,  §  954. 

Different  offenses  relating  to  same  act  may  be  charged,  §  954. 

Different  statements  of  same  offense  permitted,  §  954. 

Direct  must  be,   as  to  what.  §  952. 

Discharge  of  defendant  where  no  information  filed,  §  998. 

Disclosing  fact  of  finding  of,  punishment  of,  §  168. 

Dismissal  of,  not  a  former  acquittal,  §  1021. 

Dismissal  as  a  bar,  §  1008. 

Dismissal  to  be  ordered  where  demurrer  sustained  without  leave 
to  amend,  §  1008. 


lOnO  INDEX. 

INFORMATION.      (Continued.) 

|)ismi^s:il    wlicro   not   filed    williiu    tliiily   day.s,  §  1,'!S2. 

J)uty   of  district  attorney  to  file,  S  >>'l!'. 

Election  between   difl'erent  counts   in    not   required,  S  9'"4. 

Knibezzlenient  of  money,  buni\   notes,  etc.,  for,  §  DOT. 

I'lrroneous  stiitoinent  as  to  [)erson  injured,  immaterial,  when,  §  956. 

Error  in  form  merely  does  not  affect,  §  960. 

Errors  not  affecting  substantial  rights   not   material,  §  1404. 

Examination  of  prosecutor  and  witnesses  on,  §811. 

Eijing  after  examination  and  conimitnient,  time  of,  §  809. 

First  pleading  of  people,  is,  §  949. 

Forgery,    for    misdescription     of     instrument,    when     immaterial, 

§  965. 
Form,    defect    of,    not    tending    to    prejudice    defendant    does    not 

vitiate,  §  960. 
Form  of,  like  an   indictment,  §§  S09,  951. 
Forms  of  prescribed  by   code,  §  948. 

For  offense  triable  in  another  county,  proceedings,  §  827. 
Impeachment  not  a  bar  to,  §  753. 
Insufficient,   not,   for  defect   of  form,  §  960. 
Joinder  of  offenses  in,  §  954. 
Joint,    discharging    defendant    that    he    may   be    witness,  §§  1099- 

1101. 
Joint,  one  or  more  may  be  convicted  or  acquitted,  §  970. 
Joint,  separate  trials,  §  1098. 

Judicial  notice,,  matters  of  need  not  be  stated,  §  861. 
Judgment  pleaded,  how,  §  932. 

Justice's  court,  proceedings  in  need  not  be  prosecuted  by  indict- 
ment or,  §  682. 
Larceny,  of  money,  bank  notes,  etc.,  for,  §  967. 
Libel,  for,  §  964. 

Limitation  of  time  to  file,  §§  799,  800,  801,  802. 
Lost,  how  supplied,  §  810. 

Lost,  supplying  effect  of  substituted  pleading,  §  810. 
Must  contain  what,  generally,  §  950.- 
Name,    erroneous,    in,   proceedings   where   true   name   ascertained, 

§  989. 
Name,  fictitious  or  erroneous  in,  substitution  of  true  name,  §  953. 
Name,  in  wrong,  proceedings  at  arraignment,  §  989. 
Name,  in  wrong,  sufifieiency  of,  §  959. 
Name  of  people  of  state,  to  be  in,  §  809. 
Objection  of  want  of  jurisdiction,  how  and  when  may  be  taken, 

§1012. 
Objection  of  want  of  jurisdiction,  not  waived  by  failure  to  demur, 

§  1012. 
Objection   that   facts   stated    are   not   an    offense,   not   waived   by 

failure  to  demur,  §  1012. 
Objection  that  facts  stated  not  an  offense,  how  and  when  may  be 

"  taken,  §  1012. 
Objections  to,  how  taken,  §  1012. 

Objections  to,  wdiat  need  not  be  taken  by  demurrer,  §  1012. 
Objections  to,  what  not  waived,  by  failure  to  demur,  §  1012. 
Objections  to,  what  to  be  taken  by  demurrer,  §  1012. 
Obscene  books,  pictures,  etc.,  for  selling,  etc.,  §  968. 
Offense  may  be  charged  in   different  counts,  §  954. 
Offense  triable  in  another  county,  proceedings  in,  §  827. 
Offenses   occurring  at  different  times   and  places   may  be  joined, 

§  954. 


INDEX.  1001 

INFORMATION.      (Conliuued.) 

Offeuses  to  be  prosecuted  by  iudictment  or,  §  682. 

Offenses,  what  need  not  be  prosecuted  by  indictment  or,  §  G82. 

Officer,  against,  in  what  court  found  or  filed,  §  89U. 

Officers,  for  removal  of,  §.§  SS9,  890. 

Officers,  proceedings  for  removal  need  not  be  prosecuted  by  in- 
dictment of,  §  d82. 

People,  to  be  in  name  of,  §  809. 

Perjury  or  subornation  of,  for,  §  966. 

Place  of  offense,  allegation  of,  §  959. 

Pleading  to,  §  990. 

Police  court,  proceedings  in,  need  not  be  prosecuted  by,  §  682. 

Presumptions  of  law  need  not  be  stated,  §  961. 

Prior  conviction,  charge  not  to  be  read  to  jury  or  alluded  to, 
§  1025. 

Prior  convictions,  how  charged,  §  969. 

Prior  convictions,  not  more  than  two  to  be  charged,  §  969. 

Private  injury,  statement  as  to  person  injured,  §  956. 

Private  statute,  pleading,  §  963. 

Prosecutions  to  be  bv  information  or  indictment  in'  what  cases, 
§§  682,  888. 

Separate  counts,  election  between,  not  required,  §  954. 

Separate  counts,  in,  permissible,  §  954. 

Setting  aside,  defendant  may  move  to  set  aside,  §  990. 

Setting  aside,  effect  of  order  for  resubmission,  §  998. 

Setting  aside  on  motion,  grounds  for,  §  995. 

Setting  aside,  order,  not  a  bar  to  future  prosecution,  §  999. 

Setting  aside,  proceedings  where  motion  denied,  §  997. 

Setting  aside,  proceedings  where  motion  granted,  §§  997,  998. 

Statute,  not  following  words  of,  §  958. 

Statute,  words  of  need  not  be  strictly  pursued,  §  958. 

Subornation  of  perjury,  for,  §  966. 

Subscribed  by  district  attorney,  to  be,  §  809. 

Sufficiency  of  pleading,  rules  of  prescribed  by  code,  §  948. 

Sufficient,  when  generally,  §  959. 

Superior  judge,  against,  proceedings  on,  §  1029. 

Threatened  offense,  of,  §  701. 

Time  of  offense,  allegation  of,  §  959. 

Time  of  offense,  statement  of,  §  955. 

Time  to  file,  §§  809,  1382. 

Verdict  must  state  offense  where  several  charged,  §  954. 

Waiver  of  defects  for  failure  to  demur,  {;§  1012,  1185. 

Waiving  objections  to,  §  996. 

What  prosecutions  must  be  bj'  indictment  or  information,  §§  682, 
888. 

"VMiat  to  contain  generally,  §  950. 

\Mien  offense  not  prosecuted  by,  §  682. 

AVhen  offense  prosecuted  by,  §  682. 

When  sufficient  generally,  §  959. 

Words  of  statute  not  to  be  pursued  strictly,  §  958. 

INFORMER. 

Of  committed  offense,  examination  of,  §  811. 
Of  threatened  offense,  examination  of,  §  702. 

One-half  the  fines  for  injuries  to  mile-stones  and  guide-posts  go 
to,  §  590a. 

INHERITANCE. 

Fraudulent  pretenses  relative  to  birth,  punishment  of,  §  156. 


1(JU2  JNDkX 

INHUMANITY  TO  PRISONER. 

I'uiiisliiiioiit  of,  §  1  17. 

INITIATIVE. 

Misrepresentations   or   frauds   in   connection   with   unlawful,  §  64b. 

Misrepri  sentations  or  frauds  in  connection  with,  punislnneut  for, 
§  64b. 

Petition  containing  false  signatures  not  to  be  filed  §  64b. 

Petition,  signing    name  more  tiiau  once,  [junishment  for,  §  G4b. 

Petition,  signing  name  more  than  once  unlawful,  §  ()4b. 

Signing  fictitious  name  or  name  of  another  to  petition,  a  felony, 
§  472a. 

Signing  fictitious  name  or  name  of  another  to  petition,  punish- 
ment of,  §  472a. 

INJUNCTIONS. 

l^se  of  limited  in  disputes  between  master  and  servant.  Appen- 
dix, tit.  "Conspiracy." 

INJURY. 

Extortion  by  threat  to  commit,  §  519. 

INJURY,  MALICIOUS.     See  Malicious  Mischief. 

INNKEEPER. 

Defrauding,  a  misdemeanor,  §  .537. 

Gas  not  to  be  turned  off  at  meter.     Appendix,  tit.  "Gas." 
Guest,  refusing  to  receive,  a  misdemeanor,  §  365. 
Number  of  cubic  feet  for  each  person,  §  401a. 

INNOCENCE. 

Presumption  of,  §  1096. 

Procuring  execution  of  innocent  persons  by  perjury,  Dunishment 
of,  §  128. 

INQUEST.     See  Coroner. 

INSANE  PERSONS. 

Acquittal  on  ground  of  insanity,  proceedings  on,  §  1167. 

Argument,  number  of  counsel  who  may  be  engaged  in  trial  of 
sanity,  §  1369. 

Bail,  deposit  in  place  of,  on  commitment  of,  §  1371. 

Bail  exonerated  by  commitment  of,  §  1371. 

Challenge,  insanity  of  juror  as  ground  of,  §  1072. 

Challenge  to,  as  grand  juror,  §  896. 

Committing  to  asylum  after  verdict  of  insanity,  §  1370. 

Compensation  of  sheriff  for  conveying  insane  persons  to  asylums. 
Appendix,  tit.  "Sheriffs." 

Crime,  idiots  cannot  commit,  §  26. 

Criminal  action,  extending  time  for  judgment  in  where  defend- 
ants' sanitv  questioned,  §  1191. 

Criminal  liability  of,  §§  26,  1367. 

Cruelty  to,  a  misdemeanor,  §  361. 
,    Custody  of,  after  regains  reason,  §  1372. 

Death,  proceedings  where  one  under  sentence  of  is  believed  to  be 
insane,  §§  1221-1224. 

Defendant  found  insane  detained  in  hospital  until  sanity,  §  1372. 

Delivery  to  asylum  of  insane  person,  after  conviction,  §  1224. 

Detained  in  asylum  until  sane,  §  1372. 

Doubts  as  to  sanity  of  defendan<  how  determined,  and  proceed- 
ings, §  1368. 


INDEX.  1003 

INSANE  PERSONS.      (Continued.) 

Evidence,  order  of,  on  trial  of  sanity,  §  13G9. 

Execution  of  sentence,  after  recovery  of  reason,  §  1224. 

Expense  of  in  transportation  and  at  asylum  chargeable  to  county, 
§1373. 

Expenses  of,  county  may  recover  from  estate,  city  or  another 
county,  §  1373. 

Extending  time  for  pronouncing  judgment  where  insanity  of  de- 
fendant suggested,  §  1191. 

Form  of  verdict  of  acquittal  on  ground  of,  §  1151. 

Idiots  incapable  of  committing  crime,  §  26. 

Instructions  on  trial  of  sanity,  §  1369. 

Judgment,  insanity  a  cause  against,  §  1201. 

Judgment,  insanity  of  defendant  as  cause  against,  proceedings  on. 
§1201. 

Judgment  of  death,  proceedings  in  case  of  insanity  of  defendant, 
§§  1221-1224. 

Judgment,  rendition  of  after  sanity  restored,  §§  1201,  1372. 

Jury  to  determine  sanity,  §  1368. 

Notice  that  lunatic  committed  has  regained  reason,  §  1372. 

Order  of  trial  on  question  of  sanity,  §  1369. 

Persons  inciting  commission  of  crime  bv,  liable  as  principals, 
§31. 

Prisoner,   compensation   of  sheriff  transporting  to   asylum,  §  1587. 

Prisoner,  insanity  of,  proceedings  on,  §  1587. 

Prisoners,  removal  to  insane  asylum,  §  1582. 

Prisoners,  return  of  where  not  insane,  §  1582. 

Proceedings  after  defendant  sent  to  hospital  becomes  sane, 
§§  1201,  1372. 

Proceedings  on  doubt  as  to  sanity  of  defendant,  §  1368. 

Proceedings  to  determine  defendant's  sanity,  after  conviction  for 
death,  §§ 1221-1224. 

Proceedings  where  at  judgment  defendant  claims  he  is  insane, 
§1201. 

Proceedings  where  defendant  found  insane,  §  1370. 

Proceedings  where  defendant  found  sane,  §  1370. 

Punished,  cannot  be,  for  offense  committed  while  insane,  §  1367. 

Eape  of,  §  261. 

Sanity,  determined,  how,  §  1368. 

Sanity,  order  of  trial  of,  §  1369. 

Sanity,  proceedings  after  defendant  restored  to,  §§  1201,  1372. 

Sentenced,  cannot  be,  §  1367. 

Suspension  of  trial  or  judgment,  to  determine  sanity,  §  1368. 

Trial  of,  after  reason  regained,  §  1372*. 

Trial,  order  of  on  question  of  sanity,  §  1369. 

Tried,  cannot  be,  for  offense  committed  while  insane,  §  1367. 

Verdict  as  to  sanity,  and  proceedings  thereon,  §  1370. 

Verdict,  form  of,  where  defendant  acquitted  on  ground  of  insan- 
ity, §  1151. 

Verdict  of  insanity,  commitment  to  asylum,  §  1370. 

Verdict,  proceedings  where  defendant  declared  insane,  §  1370. 

Verdict,    proceedings  where  defendant  declared  sane,  §  1370. 

Who  are  persons  of  sound  mind,  §  21. 

INSOLVENCY. 

Fraudulent,  §§  557-572. 

Officer  of  insolvent  bank  receiving  deposit  guiltv  of  misdemeanor, 
§  562. 


1UU4  INDEX. 

INSPECTION. 

Corporate  books,  refusal  of.  a  miscleinoanor,  §  .56.1. 
OlHcer  connected  with  revenue  refusing,  of  books,  punisluiiont  of, 
§  440. 

INSPECTOR  OF   ELECTION.     See  Elections. 

iTfSTRUCTIONS. 

Advising  jury  to  acquit,  §  1118. 

Appeal,  record  on,  instructions  with  indorsement  on  become  part 
of,  §  1176. 

Appeal,  review   on,   when   instructions   written,  §  1176. 

Appellate  court  may  review  action  on,  although  no  exception 
taken,  §  1259. 

Duty  in  giving  or  refusing,  §  1127. 

Duty  of  court  generally,  §  1127. 

Error  in,  new  trial  for,  §  1181. 

Errors,   immaterial,  in   general,  §  1404. 

Essentials   of,    generally,  §  1127. 

Excepting  to  written,  not  necessary,  §  1176. 

Fact,  court  cannot  charge  on  question  of,  §  1439. 

Form  part  of  record  on  appeal,  §  1176. 

Giving  or  refusing,  duty  of  court,  §  1127. 

Grand  jury,  charge  to,  §§  905,  928. 

How   presented  for   review,  §  1176. 

Indorsing  or  signing  decision  on,  §§  1127,  1176. 

Insanity,  on  trial  of,  §  1369. 

Justice's  court,  in,  §  1439. 

Law,  court  may  declare,  §  1093. 

Law,  court  to  state  all  matters  of,  necessary  for  jury's  deter- 
mination, §  1127. 

Need  not  be  embodied  in  bill  of  exceptions,  §  1176. 

Oral  to  be  taken  down  by  shorthand  reporter,  §  1127. 

Part    given,    part    refused,    indorsement    distinguishing,  §  1127. 

Points  pertinent  to  issue,  court  must  instruct  on,  §  1093. 

Keporter  to  take  down  where  not  written,  §§  1093,  1127. 

Eequests  for,  §  1127. 

Retiring  jury  may  take  with  them,  §  1137. 

Testimony,  court  may  state,  §  1093. 

Time  for,  §  1093. 

"Written,  appeal,  review  on,  §  1176. 

Written,  if  not,  to  be  taken  down  by  shorthand  reporter,  §  1093. 

Written  need  not  be  excepted  to,  §  1176. 

Written,  to  be  except  inx  certain  cases,  §  1127. 

INSTRUMENT. 

Destroying,  to  prevent  use   at   trial,   a  misdemeanor,  §  135. 

Injury  or  destroying,  punishment  of,  §  617. 

Larceny  of,  value  of,  §§  492,  494. 

Offering  forged,  for  record,  a  felony,  §  115. 

Offering  forged,  in   evidence,   a   felony,  §  132. 

Use  of  false,  upon  trial,  a  felony,  §  134. 

INSURANCE. 

Burning  insured  property,  punishment  of,  §  548. 

Destroying  insured   property,   punishment    of,  §  548. 

False    proofs    to    support    claim    for,    presenting,    punishment    of, 

§549. 
Lottery   tickets,   or   drawing,   of.   a   misdemeanor,  §  324. 


INDEX.  1005 

INSURANCE.      (Co;itiuuea.) 

Police  relief,  health  aud  life  iusuiauoe  fund,  paynieut  to.  Ap- 
pendix,  tit.   "Police." 

Prison  directors  authorized  to  insure  jute  and  jute  goods.  Ap- 
pendix, tit.  "State  Prisons." 

Procuring  from  foreign  company  which  has  not  complied  with 
law,   a   misdemeanor,  §  439. 

INSURRECTION. 

Attempting   rescue    or   escape   while   county   in   state    of,    punish- 
ment of,  §  411. 
Governor  may    declare    county    in,  §  732. 
Governor  may  order  out  militia,  §  732. 

Resisting  process  where  county  in  state  of,  punishment  of,  §  411. 
Resisting  the    quelling   of,   punishment   of,  §  411. 
Revoking  proclamation  of,  by  governor,  §  733. 

INTENT. 

Act    committed    through    misfortune    or    by    accident    where    no 

intent,  §  26. 
Intoxication   may   be   considered   in   determining,  §  22. 
Manifested,  how,  §  21. 
Mistake   or   ignorance   of  fact,   disproving  criminal   intent,  effect 

of,  §  26. 
Must  be  united  with  act,  §  20. 

To  commit    murder,   assault   with,   punishment   of,  §  217. 
To  defraud,  assignment  made  with,  punishment   of,  §  154. 
To  defraud,   what   sufficient,  §  8. 
Unconsciously   committing  crime,  effect   of,  §  26. 
Unity  of  act  and  intent  necessary,  §  20. 

INTEREST. 

Pawnbroker    charging    illegal    rate    a    misdemeanor,  §§  338,    340. 

INTERMENT.     See    Cemetery. 

INTERPRETER.     See   Construction;    Codes. 

Grand  jury,  before,  §  925.     See  Grand  Jury. 

Grand  jury,   before,   services   a   charge   against   county,  §  925. 

INTERROGATORIES.     See   Commission;   Deposition. 

INTIMIDATION. 

Juror,  of,  punishment  of,  §  95. 
Voter,  of.     See  Election. 

INTOXICATING   LIQUORS. 

Administering,   a  felony,  §  222. 

Adulterated,  keeping  or  sale  of,  punishment  of,  §§  382,  383. 

Adulteration  of.     See   Adulteration. 

Adulteration  of,  punishment   of,  §§  382,  383. 

Bringing  into  jail,  prison  or  reformatory,  a  felony,  §  171a. 

Camp-meeting,  sale  at,  or  within  one  mile  of,  punishment  of, 
§§304,    305. 

Drunkard,  sale  to,  a  misdemeanor,  §  397.  Appendix,  tit.  "In- 
toxicating  Liquors." 

Election  day,   sale   of  liquors   on,  punishment   of,  §^63b. 

Election  days,  selling  or  giving  away  on,  forbidden,  §  63b. 

Indian,  sale  to,  a  misdemeanor,  §  397.     See  Indians. 

Infant,  habitual  intoxication  in  presence  of,  a  misdemeanor, 
§273g. 


100G  INDEX. 

INTOXICATING  LIQUORS,      (((uilimie.l.) 

lufaut,  i>ernuttiiig  to  gamble  in  saloon,  a  misdemeanor,  §  33G. 

Infant    uudor    oiglitoeu,    giving    or    selling    to,    a    misdemeanor, 
§  397b. 

Infant  under  eighteen,  permitting  to  enter  saloon,  a  misdemeanor, 
§  397b. 

Infant  under  eighteen,  selling  or  giving  liquor  to,  punishment  of, 
§  397b. 

Infant  under  eighteen,  sending  to  saloon,  a  misdemeanor,  §  273f. 

Infants,   act   relating   to   sale   of   liquor   to,  §  397b,   note. 

Intoxication.     See  Intoxication. 

Payment  of  wages  to  employees  in  bar-room,  a  misdemeanor, 
§  680. 

Procuring  or  permitting  exhibition  of  females  in  saloon,  for- 
bidden, §  306. 

Eailroad  employee  becoming  intoxicated,  punishment  of,  §§369f, 
391, 

Eailroad   employees,   intoxication    of,   a   misdemeanor,  §  391. 

Sale  of  between  3  ar.d  6  o'clock  A.  M.,  a  misdemeanor,  §  397c. 

Sale  of  between  2  a}id  6  o'clock  A.  M.,  prohibited,  §  397c. 

Sale  of,  in  state  capitol  building,  act  relating  to,  §  172,  note. 

Sale  of,  in  state  capitol  or  on  grounds  of,  a  misdemeanor,  §  172. 

Sale  of,  near  soldiers'  home,  act  relating  to,  §  172,  note. 

Sale  of,  near  University  of  California,  act  relating  to,  §  172, 
note. 

Sale  of,  prohibited  in  vicinity  of  what  institutions,  §  172. 

Sale  of  within  certain  distance  of  camp  or  assembly  of  men- 
engaged  in  public  work,  prohibited.  Appendix,  tit.  "In- 
toxicating Liquors." 

Sale  of,  within  certain  distances  of  certain  public  institutions, 
a    misdemeanor,  §  172. 

Sale  of  within  nineteen  hundred  feet  of  prison,  a  misdemeanor, 
§172. 

Sale  of  within  nineteen  hundred  feet  of  reformatory,  a  mis- 
demeanor, §  172. 

Sale  of  within  one  mile  of  University  of  California,  a  mis- 
demeanor, §  172. 

Sale  within  mile  and  a  half  of  soldiers'  home,  a  misdemeanor, 
§  172. 

Sale  of  within  three  miles  of  University  Farm  at  Davis,  a  misde- 
meanor, §  172. 

Sale  of  within  certain  distances  of  certain  public  institutions, 
license  for  evidence  of  guilt.  §  172. 

Tainted,  sale  of,  punishment  of,  §  382. 

Theater,  employing  women  to  sell  at,  a  misdemeanor,  §  303,  note. 

Wages,  payment  of  in  saloon,  a  misdemeanor,  §  680. 

Wines.     See    Wines. 

INTOXICATION. 

Act  relating  to  Home  of  the  Inebriates  in  San  Francisco  con- 
tinued  in   force,  §  23. 

As  defense  to  crime,  §  22. 

Automobile  or  motorcycle,  driving  while  intoxicated,  punish- 
ment   of,  §  367d. 

Intent,  may  be  considered  in  determining,  §  22. 

Intoxicating  liquors.     See  Intoxicating  Liquors. 

No   excuse  for   crime,  §  22. 

Officers,  intoxication  of,  punishment  of.     Appendix,  tit.  "Officers." 


INDEX.  1007 

INTOXICATION.     (Continued.) 

Persons    by    contrivance    causing    another    to    commit    crime    are 

principals,  §  31. 
Physician,  intoxicated,  guilty  of  misdemeanor,  when,  §  3-46. 
Railway  employees,  of,  a  misdemeanor,  §  391. 
Telegraph   operator,   of,   a   misdemeanor,  §  391. 
Train-dispatcher,   of,   a   misdemeanor*  §  391. 
Vagrants,  common  drunkards  are,  §  647. 

INVENTORY. 

Of  property  taken   under  search-warrant.  §§  1537,   153S. 
Property  taken  under  search-warrant.     See  Search-warrant. 

INVOICE. 

Destroying,   a   misdemeanor,  §  355. 
Fraudulent,   punishment   for   making,  §  541. 

INVOLUNTARY    SERVITUDE. 

Holding  or  attempting  to  hold  one  in,  punishment  of,  §  181. 
Jurisdiction    of    offense    of   kidnaping   for,  §  784. 
Kidnaping  for  purpose  of,  what  constitutes,  §  207. 

IRRIGATION. 

Malicious  injury  to  works,  punishment  of,  §§  592,  607. 

ISSUE. 

Challenge,  in  trial  of,  §§  1061,  1078,  1081. 

Fact,    of,    arises   on    plea    of   not    guilt^y,    once    in    jeopardy,    and 

former  conviction   or  acquittal,  §  1041. 
Fact,  of,  tried    how,  §  1042. 
Fact,  of,  when    arises,  §  1041. 
Justice's  court,  in,  how  tried,  §  1430. 
Presence  of  defendant  at  trial,  necessity  of,  §  1043. 


JACKS.     See   Animals. 

JAIL.     See   Prison. 

Accommodations  for   prisoners.  §  1611. 

Bringing    drugs,    liquors,    weapons    or    explosives    into,    a    felony, 

§171a. 
Civil  process,  prisoner  on,  when  not  to  be  received,  §  1C12. 
Civil  process,  security  for  expenses  of  prisoner  on,  §  1612. 
Classes  of  inmates,  separate  confinement  of,  §§  1598,  1599. 
Confinement  to  be  actual,  §  1600. 

Contagious  disease,  removal  of  prisoners  in  case  of,  §  160S. 
Contiguous  county,  designating  jail  of,  where  no  jail  in  county, 

§  1603. 
Contiguous  county,  designation  of  jail  of,  where  prisoners  removed 

because  of  pestilence  or  contagious  disease,  §  1608. 
Contiguous  county,  jailer  to  receive  prisoners,  §  1604. 
Contiguous  county  of,  liability  for  prisoners  in,  §  1604. 
Contiguous  county,  of,  return  of  prisoners  from,  §  1606. 
Contiguous  county,  of,  using,  §§  1603-1606. 
Contiguous  county,   order  designating,  certifying  and  serving  on 

sheriff  or  keeper,  §  1604. 
Contiguous   county,   revocation  of   order   designating  as    place   of 

confinement,  return  of  prisoners  on,  §  1606. 


]008  INDEX. 

JAIL.      (Continued.) 

Coutiguous  coiiuty,  it'xocatioii  ui  (udcr  (IcsigiiJitiiig  vvlioit;  juil 
ercfti'il  or  iiiado  fit  and  safe,  §  lliU.j. 

Contiguous  county,  revocation  or  modification  of  order  tor  con- 
finement in  jail  of,  §§  1GU3,  1GU5. 

(Contiguous  county,  sheriff  or  keeper  of,  duty  and  liability  of, 
§  1G04. 

Contiguous  county,  unfit  or  unsafe,  designating  jail  of,  for  con- 
finement, §  1603. 

Credits  of  prisoner  in  county  jail  for  good  behavior,  §  1G14. 

Destroying,  injuring,  etc.,  punishment  of,  §  606. 

Disease,  removal  of  prisoners  because  of,  §  1608. 

Drugs,  bringing  into,  a  felony,  §  171a. 

Escape,  carrying  or  sending  in  things  useful  to  aid  in,  punishment 
of,  §  110. 

Escape  from,  punishment  of  person  aiding,  §  109. 

Escape,  jailer  aiding  or  suffering,  punishment  of,  §  108. 

Escape,  permitting  23risoner  to  go  at  large  is,  §  1600. 

Federal  prisoners  to  be  confined  in,  §  1601. 

Female  prisoners  in,  appointment  of  woman  to  have  care  of,  §  1616. 

Female  prisoners,  male  officer  not  to  enter  room  or  cell  of,  §  1616. 

Female  prisoners,  male  officer  not  to  search,  §  1616. 

Females  separate  from  males,  §§  1598,  1.599,  1616. 

Firearms,  bringing  into,  a  felony,  §  171a. 

Fire,  removal  of  prisoners  in  case  of,  §  1607. 

Guard  for,  expenses  of,  a  county  charge,  §  1610. 

Guard  for,  power  of  sheriff  to  employ,  §  1610. 

Hair-cutting  of  persons  convicted  of  misdemeanor,  §  1615. 

Intoxicants,  bringing  into,  a  felony,  §  171a. 

Jailer  refusing  to  receive  or  arrest  party  charged  with  crime,  pun- 
ishment of,  §  142. 

Kept  by  whom,  §  1597. 

Labor  by  prisoners,  rules  and  regulations  respecting,  §  1614. 

Labor,  credits  given  to  prisoner  on  performance  of,  §  1014. 

Labor,  prisoners  may  be  required  to,  §  1613. 

Other  county,  of,  when  may  be  used,  §  1603. 

Other  county,  of,  when  use  of  to  cease,  §  1605. 

Other  county,  of.     See   ante.  Contiguous   County. 

Papers  for  prisoner,  duty  of  sheriff  or  jailer  receiving,  §  1609. 

Papers  for  prisoner,  may  be  served  on  sheriff  or  jailer,  §  1609. 

Pestilence,  removal  of  prisoners  in  ease  of,  §  1603. 

Prison.     See  Prison. 

Prisoner.     See  Prisoner. 

Prisoner  in  jail  in  another  county,  how  brought  before  court, 
§  1567. 

Prisoners  on  civil  process  when  not  received,  §  1612. 

Purposes  for  which  used,  §  1597. 

Eefusal  to  arrest  or  receive  person  charged  with  crime,  punish- 
ment  of,  §  142. 

Eooms  required  in,  §  1598. 

Eules  and  regulations,  §  1614. 

Separate  confinement  of  different  classes  of  prisoners,  §§  1598, 
1599. 

Service  on  jailer  for  prisoner,  duty  of  jailer,  §  1609. 

Sheriff  answerable  for  federal  prisoners,  §  1602. 

Sheriff  to  keep,  §  1597. 

Sheriff  to  receive  and  provide  for  all  persons  committed,  §  1611 

Support  of  prisoner  on  civil  process,  §  1612. 


INDEX.  1009 

JAIL.     Continued.) 

Used  for  what  purposes,  §  1597. 
Weapons,  bringing  into,  a  felony,  §  171a. 
Who  confined 'in,  §  1597. 

JAPANESE. 

Importation  of,  punishment  of,  §§  174,  175. 

Importation  of  women  for  immoral  purposes,  punishment  of,  §  2titic. 

Importing,  separate  penalty  for  each  person  imported,  §  175. 

JEOPARDY.     See  Former  Jeopardy. 

JOINDER. 

Indictment  or  information,  joinder  of  offenses  in,  §  951. 

JOINT. 

Authority,  majority  may  exercise,  §  7. 

Defendants,  when  tried  separately  or  jointly,  §  1098. 

JOINT  DEFENDANTS. 

Acquital  or  conviction  of  one  or  more,  §  970. 

Separate  trials,  right  to,  §  1098. 

Verdict  as  to  some,  new  trial  as  to  others,  §§  IIGO,  1442. 

JOINT-STOCK  COMPANY. 

Director   at    meeting    presumed    to    assent   to   proceedings,    when, 

§  569. 
Failure  of  officers  to  obey  legal  duty,  a  felony,  §  564. 
False  reports  by  officers,  a  felony,  §  564. 
Fraud  in  keeping  accounts  of,  punishment  of,  §  563. 

JUDGE.  See  Superior  Court  Judge;  Supreme  Court  Justices;  Justice 
of  Peace. 

Asking  or  receiving  any  reward  or  promise  of,  guilty  of  misde- 
meanor, §  94. 

Bribe,  asking,  receiving  or  agreeing  to  receive,  punishment  of, 
§93. 

Bribery  of,  punishment  of,  §§  92,  93. 

Disclosing  fact  of  indictment  being  found,  a  misdemeanor,  §  168. 

Federal  judge,  offense  against.     Appendix,  tit.  "Conspiracy." 

Forfeits  office  and  is  .disfranchised  for  what  offenses,  §  98. 

Impeachment,  liable  to,  §  737. 

Indictment  or  information,  disclosing  fact  of,  a  misdemeanor, 
§  168. 

Magistrates,  judges  are,  §  80S. 

Plains,  of,  effect  of  code  on  statute  in  relation  to,  §  23. 

Eeceiving  bribe,  punishment  of,  §  93. 

Receiving  emolument  or  reward,  punishment  of,  §  94. 

Stenographer,  receiving  part  of  salary  of,  by  judicial  officer,  pun- 
ishment of,  §  94. 

Substituted  judge  in  criminal  action,  powers  of,  §  1053. 

Substitution  of  in  criminal  action  on  death,  illness  or  inability  of 
judge,  §  1053. 

Superior,  proceedings  on  information  against  or  indictment  of, 
§  1029. 

JUDGES  OF  THE  PLAINS. 

Acts  relating  to  continued  in  force,  §  23. 

JUDGMENT.     See  Execution;  Sentence. 

Acquittal,  of,  may  be  entered  on  informal  verdict,  §  1162. 
Pen.  Code — 64 


1010  INDEX. 

JUDGMENT.      (Coiitiiiiieil.) 

AUiriiR'd  or  aiiix'iil  disinissod,  proccoi lings  in  case  of,  §  1470. 

Aggravation  of  j)iinislinu>nt,  proof  of  matters  in,  liow  made,  §  1204. 

Agreeing  to  give,  i)unisliniejit  of,  §  i"). 

Appeal  Ironi.     ^ee  Ai)[)eal. 

Arraignment  of  defendant  for,  and  proceedings  on,  §  1200. 

Arrest  of,  §§  1IS5-11SS. 

Arrest  of,  appeal  lies  from  order,  §  12.38. 

Arrest  of,  court  may  order  on  its  own  motion  when,  §  1186. 

Arrest  of,  court's  own  motion,  how  made  on,  §  1186. 

Arrest  of    defendant    out    on    bail,    not    appearing    for   judgment, 

§  1195. 
Arrest  of,  defendant  when  to  be  held  or  discharged,  §  1188. 
Arrest  of,  effect  of,  §  1187. 

Arrest  of,  motion  for,  order  for  to  be  entered  immediately  in  min- 
utes, §  1185. 
Arrest  of,  motion  in  defined,  §  1185. 

Arrest  of,  motion  must  be  made  before  judgment,  §§  1185,  1450. 
Arrest  of,  motion  upon  what  may  be  founded,  §  1185. 
Arrest  of,  recommitment  of  defendant,  §  1188. 
Arrest  of,  when  an  acquittal,  §  1188. 
Arrest  of,  when  and  when  not  a  bar,  §  1188. 
Authority  necessary  to  execution  of,  other  than  death,  §  1213. 
Bail,  defendant  out  on,  proceedings  where  he  does  not  appear  for 

judgment,  §§  1195-1197. 
Bar,  arrest  of  judgment  is,  when  and  when  not,  §  1188. 
Bench-warrant    where    defendant    out    on    bail    does    not    appear, 

§§  1195-1198. 
Cause  against,  what  may  be  shown,  §  1201. 
Certified  copy  to  be  furnished  officer  who  executes  it,  §  1213. 
Constable  purchasing,  a  misdemeanor,  when,  §  97. 
Conviction  of,  cannot  be  entered  on  informal  verdict,  §  1162. 
Conviction,  of,  when  only  can  be  entered,  §  1162. 
Costs     against     prosecutor,     judgment    for     and   enforcement    of, 

§§  1447,  1448. 
Death,  of,   governor  may   require   opinions  of  supreme   court  jus- 
tices and  attorney-general  on,  §  1219. 
Death,  of ,  how  executed,  §§  1217,  1228,  1229. 
Death,  of,  opinion  of  justices,  §  1219. 
Death,  of,  power  to  suspend,  §  1220. 

Death,  of,  proceedings  wdien  it  has  not  been  executed,  §  1227. 
Death,  of,  proceedings   w^here   defendant   becomes  insane,  §§  1221- 

1224. 
Death,  of,  proceedings  where  defendant  pregnant,  §§  1225,  1226. 
Death,  of,  return  upon  death  warrant,  §  1230. 
Death,  of,  transmission  of  papers  to  governor,  §  1218. 
Death  of,  where  executed,  §  1299. 
Death,  of,  who  to  be  present,  §  1229. 

Death,  unexecuted  sentence  of,  carrying  into  effect,  §  1227. 
Death,  unexecuted  sentence  of,  no  appeal  lies  from  order  setting 

day  for  execution  of,  §  1227. 
Defendant  in  custody,  how  brought  in  for,  §  1194. 
Defendant  on  bail  not  appearing,  bench-warrant,  §  1195. 
Delivery  of  i'opy  of  to  warden  of  prison,  §  1216. 
Demurrer,  on,  §  1007. 

Deposit  in  place  of  bail  to  be  applied  on  judgment  for  fine,  §  1297. 
Dismissal.     See  Dismissal. 
Entry  of,  clerk  to  make  in  minutes.  §  1207. 


INDEX.  1011 

JUDGMENT.      (Contimiod.) 

Entry  of,  what  to  show,  §  1207. 
Execution  of.     See  Execution. 

Execution  of  judgment  other  than  of  death,  §  121.3. 
Felony,  time  of  pronouncing:,  in  case  of,  §  1191. 
Fine  and  imprisonment,  limitation  on  imprisonment,  §§  120.5,  1446. 
Fine  and  imprisonment,  of,  how  executed,  §  1215. 
Fine,  deposit  in  lieu  of  bail  to  be  applied  on,  §  1297. 
Fine,  for,  execution  may  be  issued  thereon,  §  1214. 
Fine,  for,  may  direct  imprisonment  until  paid,  §  1446. 
Fine,  imprisonment  until  payment  of,  §§  1205,  1446,  1456. 
Fine,  judgment  for,  constitutes  a  lien,  §  1206. 
Fine,  judgment  for  execution  may  issue  on.  §  1214. 
Fines.     See  Fines. 

Fraudulent  disposition  of  property  by  defendant  to  defeat,  pun- 
ishment of,  §§  154,  155. 
Impeachment,  on,  §§  747-749. 

Imprisonment  in  state  prison,  for,  how  executed,  §  1216. 
Imprisonment,  of,  how  executed,  §  1215. 
Infant  delinquents,  probationary  treatment  of,  §§  1203, 1388.     Sec 

Infant;  Probationary  Treatment. 
Informal  verdict,  judgment  of  acquittal  can  be  entered  on,  §  1162. 
Informal  verdict,  judgment   of   conviction   cannot  be   entered   on. 

§1162. 
Insanity  of  defendant,  proceedings  to  determine,  §§  1221-1224. 
Insanity,  showing  against,  and  proceedings  on,  §  1201. 
Judge  and  district  attroney,  inquiry  by  into  record  of  defendant 

and  cause  of  offense,  taking  testimony  and   transcribing  of, 

§  1192a. 
Judge  and  district  attorney,  inquiry  by  into  record  of  defendant 

and  cause  of  offense,  testimony  to  be  filed  with  clerk  of  court 

and  warden  of  prison,  §  1192a. 
Judge   and   district   attorney   to   file   views   concerning   defendant 

and  crime  committed,  §  1192a. 
Judge  and  district  attorney  to  inquire  into  facts  concerning  prior 

record  of  defendant  and  cause  of  crime,  §  1192a. 
Judge  and  district  attorney,  views  of,  clerk  of  court  to  send  certi- 
fied copy  of  to  clerk  of  prison,  §  1192a. 
Judgment-roll,  what  papers  constitute,  §  1207. 
•Jurisdiction,  facts  constituting  to  be  shown  on  trial,  §  962. 
Justice  purchasing,  when  a  misdemeanor,  §  97. 
Justice's  court,  in,  §§  1445-1456. 

Justice's  court,  in.     See  Justice's  and  Police  Court. 
Lien  of  judgment  for  fine,  §  1206. 

Mitigation  of  punishment,  circumstances  in,  §§  1203,  1204. 
Mitigation  of  punishment,  proof  of  matters  in,  how  made,  §  1204. 
Pleaded,  how,  §  962. 
Police  court,  in.     See  Police  Court. 

Presence  of  defendant,  how  obtained  when  in  custody,  §  1194. 
Presence  of  defendant,  necessity  of,  §  1193. 
Probation,    rearrest    of    defendant    and    pronouncing    judgnieni, 

§§  1203,  1215. 
Probation,  revocation,  suspension  or  modification  of,  §§  1203,  1215. 
Probation,    suspension    of    sentence,    and    placing    defendant    on, 

§  1203. 
Probation,  termination  of  and   discharge  of  defendant,  §  1203. 
Probationary  treatment,  defendant  fulfilling  conditions  permitted 

to    withdraw    plea    of   guilty   and    enter   plea    of   not   guilty, 
§  1203. 


1012  INDEX. 

JUDGMENT.      (CuMtiinuMl.) 

rrobationaiy    treat  men  t,    defemlant    iulfilliiig   conditions,    setting 

aside  verdict  and  dismissing  information,  §  12U;j. 
Probationary  treatment,  defendant  may  be  jdaced  on  probation  on 

plea  or  verdict  of  guilty,  §  ]'2()'.^. 
Probationary  treatment,  inquiry  into  aggravation  or  mitigation  of 

punishment,  S  ll'liH. 
Probationary  treatment,  investigation  by  probation  officer,  §  1203. 
Probationary  treatment  of  juvenile  offenders,  §  13SS. 
Probationary   treatment,   on   judgment   of   fine   and   imprisonment, 

§§  1203,  1215. 
Probationary  treatment,  povv'er  of  court  to  revoke  or  modify  or- 
der of  suspension, §  1203. 
Probationary  treatment,  revocation  of  probation  and  commitment 

to  prison,  §  1203. 
Probationary  treatment.     See  Probationary  Treatment. 
Proceedings  on  arraignment  for  judgment,  §  1200. 
Proceedings    where    defendant    out    on    bail    does    not    appear, 

§§1195-1197. 
Proceedings    where    female    under    death    sentence    is    pregnant, 

§§  1225,  122G. 
Pronounced,  if  no  cause  against  shown,  §  1201. 
Purchase  of,  by  constable  or  justice,  a  misdemeanor,  §  97. 
Eecord  of  action,  what  constitutes,  §  1207. 
Sanity,  rendition  of  judgment  after  restoration  of   defendant  to, 

§  1372. 
Special  verdict,  on  how  given,  §  1155. 
Summary   inquiry   into   matters   of   aggravation   or   mitigation   of 

punishment,  §  1203. 
Time  for,  failure  to  render  within  time  fixed,  new  trial  granted, 

§  1202. 
Time  for   pronouncing,   appointing,  §  1191. 
Time   for   pronouncing,    extending   to   determine   motion   for   new 

trial  or  in  arrest,  §  1191. 
Time  for  pronouncing,  extending  where  probation  or  insanit}'  of 

defendant  suggested,  §  1191. 
Time  for,  when  to  be  rendered,  §  1202. 
Transmission   of   papers   to   governor,   where   judgment   of   death, 

§  1218. 

JUDGMENT-ROLL. 

What   constitutes,  §  1207. 

JUDICIAL  NOTICE. 

Matters  of  need  not  be  stated  in  indictment  or  information,  §  961, 
Private  statute,  of,  §  963. 

JUDICIAL  OFFICER.     See  Officer. 
Bribery  of.     See  Judge. 

Federal,  offense  against.     Appendix,  tit.  "Conspiracy." 
Salary  of  stenographer  or  reporter,  receiving  part  of,  punishment 
of,  §  94. 

JUNK.     See  Junk  Dealers. 

Infant,  receiving  from,  a  misdemeanor,  §  501. 

JUNK-DEALERS. 

Buying  from  minors,  a  misdemeanor,  §  501. 

Failing  to  keep  register,  a  misdemeanor,  §  339. 

Receiving  junk  in  pledge  from  minors,  a  misdemeanor,  §  501. 


INDEX.  1013 

JUNK-DEALERS.      (Continued.) 

Eefiising  inspection  of  books,  or  articles,  a  niisilemeanor,  §  343. 
Sections  of  code  applying  to,  S§  344,  502. 
Subject  to  rules  of  pawnbroliers,  §  344. 

JURISDICTION. 

Abduction,  of,  §  784. 

Accessories,  of,  where  principal  offense  in  another  county,  §  791. 

Act  commenced  without  state  and  consummated  in  state  through 

agent,  §  778. 
Acts  partly  within  one  county,  and  partly  within  another,  §  781. 
Aiding  and  abetting  out  of  state   crime  committed  in  state,  lia- 
bility, §  27. 
Bigamy,  of,  §  785. 

Boundary  of  counties,  offense  committed  on,  §  782. 
Boundary  of  county,  offense  within  five  hundred  yards  of,  §  782. 
Child,  taking  or  enticing  away,  of,  §  784. 
Commitment    of    defendant    where    jury    dismissed    for    lack    of, 

§§  1114,  1115. 
Concubinage,  enticing  or  taking  away  woman  for,  of,  §  784. 
Counties,  offense  committed  on  boundaries  between,  §  782. 
County,  act  partly  in  one  and  partly  in  another,  §  781. 
County,  property  feloniously  taken  out  of,  and  brought  into,  §  786. 
County  where  committed,  jurisdiction  is  in,  §  777. 
Crime  committed  out  of  state,  when  punishable  here,  §  27. 
Discharge  of  defendant  where  court  without,  §  1116. 
Discharge  of  defendant  where  jurv  dismissed  for  lack  of,  §§  1114, 

1115. 
Discharge  of  jury  where  court  has  no  jurisdiction,  §  1113. 
Duel,  leaving  state  to  evade  statute.  §  231,  780. 
Duel  without  state,  death  within,  §  779. 
Embezzlement  out  of  state,  property  brought  in,  §  789. 
Enticing  awaj^  child,  §  784. 
Escape  from  prison,  of,  §  787. 
Evasion  of  statute,  leaving  state  for  purpose  of,  jurisdiction   in 

case  of,  §§  231,  780. 
Facts  constituting  to  be  shown  on  trial,  §  962. 
Goods  feloniously  taken  in  one  county  and  brought  into  another, 

§786. 
Goods  stolen  out  of  state  and  brought  within  state,  §  497. 
Homicide,  injury  in  one  county,  death  in  another,  §  790. 
Incest,  of,  §  785". 
Information   for   offense   triable   in    another   county,   proceedings, 

§827. 
In  general,  §  7/7. 

Jury,  discharge  of  where  court  has  no  jurisdiction,  §§  1113,   1115. 
Justice's  court,  of,  §  1425. 
Kidnaping,  of,  §  784. 

Larceny  out  of  state,  goods  brought  in,  §  789. 
Non-resident  aiding  in  a  crime  in  this  state,  §  77Sb. 
Objection,  how  and  when  may  be  taken,  §  1012. 
Objection  to,  not  waived,  §  1012. 

Oft'ense  commenced  within  and  consummated  without  state,  §  778a. 
Offenses  commenced  without  and  consummated  in  through  agent, 

§778. 
Offense  commenced  without  but  consummated  within  state,  §  778. 
Offense  committed  on  boundary  line  lietween  counties.  §  782. 
Offenses  committed  in  this  state,  jurisdiction  over,  §  777. 


1014  INDEX. 

JURISDICTION.      (Coiitimiod.) 

Offenses  coiiimitted  out  of  state,  when  punishable  in  state,  §  27. 
OfTonse   committed   partly   in   one   county  and   partly   in   another, 

§781. 

Offense  committed  partly  in  state,  §  778a. 

Offense  committed  within  five  hundred  yard.s  of  boundary  of 
county,  §  782. 

Offenses  over  which  courts  have,  generally,  §  777. 

Person  out  of  state  aiding  crime  within,  §  778b. 

Priucip.Tl,  of,  not  present  at  commission  of  offense,  §  792. 

Prize-fight,  over,  §  79o. 

Proceedings  if  jury  discharged  for  want  of  jurisdiction  of  offense 
committed  out  of  the  state,  §  1114. 

Proceedings  if  jury  discharged  for  want  of  when  offense  com- 
mitted in  state,  §§  1115,  1116. 

Proceedings  when  court  has  not,  §§  1114-1116. 

Property  feloniously  taken  in  one  county  and  brought  into  an- 
other, §  786. 

Prostitution,  inveigling  or  taking  away  female  for,  of,  §  784. 

Eailroad  train,  jurisdiction  where  offense  committed  on,  §  783. 

Keceiving  stolen  goods  out  of  state  and  bringing  into,  §  789. 

State,  acts  without,  §§  778  779,  780. 

Stolen  property,  bringing  into  state,  §§  27,  497,  789. 

Train,  of  offense  on,  §  783. 

Treason  out  of  state,  of,  §  788. 

Vessel,  of  offense  on,  §  783. 

Want  of,  discharge  on  habeas  corpus,  §  1487. 

JUROR.     See  Grand  Jury;  Jury. 

JURY.     See  Grand  Jury. 

Absence    of,    court    niay    adjourn    pending,   but    deemed    open    for 

business,  §  1142. 
Accommodations  for,  court  may  order  sheriff  to  provide,  §  1135. 
Accommodations  for,  expenses  of,  a  county  charge,  §  1135. 
Accommodations  for,  on  retirement,  §  1135. 
Accommodations    for,    sheriff    to    furnish,    if    supervisors    do    not, 

§  1135. 
Accommodations  for,  when  kept  together,  §  1135. 
Accommodations  for,  who  to  provide,  §  1135. 
Accusation  against  officer,  trial  of  to  be  by,  §  767. 
Acquit,  advising  to,  §  1118. 
Adding  to,  changing  or  falsifying  list  of  jurors,  punishment  for, 

§§  116,  117. 
Adjournment  of  court  during  absence  of,  §  1142. 
Admonishing  of  on  adjournment,  §  1122. 
Agreement,  may  come  to  before  retiring,  §  1128. 
Agreement,  officer  to  conduct  jury  into  court  on,  §  1147. 
Alternate  jurors,  court  may  order,  when,  §  1089. 
Alternate  jurors,  custody  and  discharge  of,  §  1089. 
Alternate  jurors,  drawing,    qualifications,    challenging,  §  1089. 
Alternate  jurors,  how  ordered.  §  1089. 
Alternate  jurors,  number  of,  §  1089. 
Amendment  of  challenge  to  panel,  §  1062. 
Bribe,   asking,   receiving   or   agreeing   to   receive,   punishment   of, 

§93. 
Bribery  of  jurors,  punishment  of,  §§  92-96. 
Certifying  to  false  list,  a  felony  §  117. 
Challenge,  affinity,  for,  §  1074. 


INDEX. 


1015 


JURY.     (Continued.) 

Challenge,  alternate   jurors,   oaths,   privileges,   powers  and   duties, 

§  1089. 
Challenge,  alternate  jurors,  to,  §  10S9. 
Challenge,  attorney  and  client,  relationship  of,  §  1074. 
Challenge,  being  member  of  family  as  ground  of,  §  1074. 
Challenge,  bias,  actual,  causes  stated  how,  §  1076. 
Challenge,  bias,  entry  of,  §  1076. 
Challenge,  bias,  grounds  of,  §§  1073,  1074. 
Challenge,  bias,  how  taken,  §  1076. 
Challenge,  bias,  implied,  causes  stated  how,  §  1076. 
Challenge,  bias,  implied,  grounds  for,  §  1074. 
Challenge,  bias,  opinions  formed  from  rumors,  reading  papers,  etc., 

as  a  disqualification,  §  1076. 
Challenge,  bias,   what   discjualifies,  §§  1073,   1074. 
Challenge,  causes  of  stated   how,  §  1076. 
Challenge,  consanguinity,  for,  §  1074. 

Challenge,  conscientious  scruples  against  death  penalty,  §  1074. 
Challenge,  court  must  allow  or  disallow,  §  1083. 
Challenge,  decision  of  court  on,  to  be  entered,  §  1083. 
Challenge,  decision  on,  court  must  render,  §  1083. 
Challenge,  defendants   tried   together   cannot   sever   in   challenges, 

§  1056. 
Challenge,  defendants  tried  together  must  join  in,  §  1056. 
Challenge,  defendant   to  be   informed   as   to   when   he  must   take, 

§  1066. 
Challenge  defined,  §§  1055,  1071. 

Challenge,  denial,  right  to  take  and  trial  of,  §§  1077,  1078,  1081. 
Challenge,  examination  of  juror,  §  1081. 
Challenge,  exception    to    and    proceedings    on,  §§  1061,    1062,   1077, 

1078. 
Challenge,  exception   to,   right   to   take   and   trial   thereof,  §§  1077, 

1078,  1081. 
Challenge,  exemption  not  ground  for  but  a  privilege,  §  1075. 
Challenge,  facts  alleged  may  be  denied  orally,  §  1077. 
Challenge,  fiduciary  relation,  for,  §  1074. 
Challenge,  first  by  defendant,  then  by  people,  §  1086. 
Challenge  for  cause  defined,  §  1071. 

Challenge  for  cause,   either  general,   or  special,  §  1071. 
Challenge  for  cause,  either  party  may  take,  §  1071. 
Challenge  for  cause,  entry  of,  §  1076. 
Challenge  for  cause,  general,   defined,  §  1071. 
Challenge  for  cause,  general,  grounds  for,  §§  1071,  1072. 
Challenge  for  cause,  general  or  particular,  §  1071. 
Challenge  for  cause,   how   stated,  §  1076. 
Challenge  for  cause,  how  taken,  §  1076. 
Challenge  for  cause,  kinds  of,  §  1071. 
Challenge  for  cause,  order  of,  §  1087. 
Challenge  for  cause,  particular,  defined,  §  1071. 
Challenge,  for  cause,  particular,  grounds  of,  §§  1071,  1073. 
Challenge  for  having  served  as  juror,  §  1074. 
Challenge,  grand  jury,  to.     See  Grand  Jruy. 
Challenge,  grounds  of,  for  implied  bias,  §  1074. 
Challenge,  guardian  and  ward,  relationship   of,  §  1074. 
Challenge,  having  adverse  interest  in  civil  action,  §  1074. 
Challenge  in  justice's  court,  §  1436. 

Challenge  in  justice's  court.     See  Justice's  and  Police  Court. 
Challenge  in  police  court.     See  Police  Court. 


1016  INDKX. 

JUKY.      (CoiitimiiMl.) 

Challenge,  kinds  of,  §§  1055,  1067,  1071. 

Challenge,  master  and  servant,  relationship  of,  §1074. 

Challenge  may  be  to  panel  or  to  individual  juror,  §  1055. 

Challenge,  opinions  formed  from  rumors,  reading  papers,  etc.,  as  a 
disqualification,  §  107n. 

Challenge,  order   of,  §§10S(i,   1IIS7,   1088. 

Challenge,  ]iarticular  relations  of  persons,  as  ground  for,  §  1074. 

Challenge,  party,  for  having  been,  §  1074. 

Challenge,  peremptory,  after  challenges  for  cause  exhauS'ted, 
§1088. 

Challenge,  peremptory,  defined,  §  10(59. 

Challenge,  peremptory,  how  and  by  whom  taken,  §  1069. 

Challenge,  peremptory,  number  of  challenges  allowed,  §§  1070, 
1089. 

Challenge,  peremptory,  order  of  taking,  §  1088. 

Challenge,  peremptory  or  for  cause,  is,  §  1067. 

Challenge,  peremptory,  to  alternate  jurors,  §  1089. 

Challenge,  peremptory,  when  taken,  §  1088. 

Challenge,  service  as  juror  in  civil  action  for  offense,  §  1074. 

Challenge,  service  on  former  jury  in  same  case,  §  1074. 

Challenge,  service  on  grand  jury  finding  indictment,  §  1074. 

Challenge,  service  on  trial  of  another  for  same  oifeuse,  §  1074. 

Challenge,  time  for  taking,  §  1068. 

Challenge  to  individual  juror  is  either  peremptorv  or  for  cause, 
§  1067. 

Challenge  to  panel  allowed,  discharge  of  jury,  §  1065. 

Challenge  to  panel,  amendment  of,  §  1062. 

Challenge  to  panel  defined,  §  1058. 

Challenge  to  panel,  denial  of,  how  made  and  tried,  §  1063. 

Challenge  to  panel,  denial,  to  be   entered,  §  1063. 

Challenge  to  panel,  either  party  may  take,  §  1058. 

Challenge  to  paiiel,  exception  to,  adverse  party  may  take,  §  1061. 

Challenge  to  panel,  exception  to,  how  taken,  §  1061. 

Challenge  to  panel,  exception  to,  proceedings  on  allowing  or  over- 
ruling, §  1062. 

Challenge  to  panel,  exception  to,  trial  of,  §  1061. 

Challenge  to  panel  for  bias  of  summoning  officer,  grounds  of, 
§  1064. 

Challenge  to  panel  for  bias  of  summoning  officer,  how  made  and 
determined,  §  1064. 

Challenge  to  panel  formed   from  persons  not  drawn,  §  1064. 

Challenge  to  panel,  grounds  for,  §  1059. 

Challenge  to  panel  not  allowed,  impaneling  jury,  §  1065. 

Challenge  to  panel,  proceedings  on  allowance  or  disallowance, 
§  1065. 

Challenge  to  panel,  taken  when  and   how,  §§  1060,   1087. 

Challenge  to  panel,  trial  of,  §  1063. 

Challenge,  trial  of,  decision  on,  court  must  render,  §  1083. 

Challenge,  trial  of,  decision  on  to  be  entered,  §  1083. 

Challenge,  trial  of,  how  tried,  §  1081. 

Challenge,  trial  of,  juror  challenged,  examination  of,  as  a  witness. 
§  1081. 

Challenge,  trial  of,  rules  of  evidence  on,  §  1082. 

Change,  landlord  and  tenant,  relationship  of,  §  1074. 

(Changing  lists  of,  a  felony,  §  116. 

Charging.     See  Instructions. 

Communication  outside  of  proceedings,  juror  receiving,  punish- 
ment, §  96. 


INDEX.  1017 

JURY.      (Continued.) 

Coroner's.     See  Coroner. 

Custody  of,  duty  of  officer  having,  §§  1121,  1128,  1440. 

Decision  of,  may  be  in  court,  or  on  retirement,  §  1128. 

Degree  of  crime  to  be  found,  §  1157. 

Deliberation,  instructions  may  be  taken  with  them,  §  1137. 

Deliberation,  what  papers  may  take  with  them,  §  1137. 

Depositions,  may  not  take  with  them  on  retirement,  §  1137. 

Destroying  jury-box,  a  felony,  §  116. 

Destroying  jury-lists,    a   felony,  §  116. 

Discharged  before  verdict,   not   to  be   unless  by   consent   or  they 

cannot  agree,  §  1140. 
Discharged,  not  to  be  unless  no  probability  of  agreement,  §  1140. 
Discharged  without  verdict,  retrial  of  cause,  §§  1141,  1147. 
Discharge  of,    for     want     of    jurisdiction     and    proceedings     on, 

§§  1113-1116. 
Discharge  of,  retrial,  §§  1141,  1147. 
Discharge  of,  when  facts  do  not  constitute  offense,  power  of  court, 

§1117. 
Discharge  of,  when  facts  do  not  constitute  offense,  proceedings  on, 

§1117. 
Discharge  of,  where  on  return  all  do  not  appear,  §  1147 
Discharge,  where  juror  becomes  sick  after  retirement,  §  1139. 
Evidence,  receiving  out  of  court,  new  trial  for,  §  1181. 
Exception   to   challenge    and   proceedings   on,  §§  1061,    1062,   1077, 

1078. 
Exemption  from  jury  duty  not  a  ground  of  challenge  but  a  priv; 

lege, §  1075. 
Fact,  issue   of,  triable   by,  §  1042. 
Fact,  questions  of  to  be  decided  by,  §  1126. 
False  lists,  certifying  to,  a  felony,  §  117. 
Falsifying  lists,  a  felony,  §  117. 
Fees  of  jurors  and  payment  thereof,  §  1143. 
Food   and    lodging   for    to    be    supplied   to    where    kept    together, 

§  1136. 
Food  and  lodging  for  where  kept  together  a  county  charge,  i,  1136. 
Formation  of  same  as  in  civil  cases,  §  1046. 
Grand.     See  Grand  Jury. 
Illness  of  juror,  proceedings  on,  §  1123. 
Influencing  juror  improperly,  punishment,  §  95. 
Information,  jury  may  return   for,  §  1138. 
Information,  returning  for,  proceedings  on,  §  1138. 
Inquest,  of.     See  Coroner. 
Instructions.     See  Instructions. 
Instructions,  jury  may  take  with  them,  §  1137. 
Intimidating,  punishment  of,  §  95. 
Issues  of  fact  to  be  tried  by,  §  1042. 

Jury-box,  extracting  from,  or  putting  names  in,  a  felony,  §  116. 
Jury-box,  interfering  with,  or  destroying,  a  felony,  §  116. 
Justice's  court,  in.     See  Justice's  and  Police  Court. 
Keeping  together  or  separating  during  trial,  discretion  of  court, 

§1121. 
Knowledge  of  facts,  proceedings  where  juror  declares,  §  1120. 
Knowledge  of  juror  to  be  declared,  §  1120. 
Law  and  fact,  may  determine  in  libel,  §§  251,  1125,  1126. 
Law,  jury  to  take  from  court,  §  1126. 
Lesser  offense  or  attempt,  conviction  of,  §  1159. 
liists,  altering,  changing,  or  interfering  wuth,  a  felony,  §  116. 


1018  INDEX. 

JURY.     (Coiitiiuu'd.) 

Lists,  oflicor  rertifviiijr  to  fiilse,  a  felony,  §  117. 

Lists,  ofTicor  falsi fviiij;,  a  felony,  §117. 

Mileage  of  jnrors,  and  how  paid,  §  114^. 

Misconduct   of  ,iiirovs,   imnislunent   of,  §  9fi. 

Misconduct  of,  new  trial,  §  1181. 

Misdemeanor,  waiver  of  jury  in,  §  1042. 

Number  of  jurors  in  misdemeanor  eases,  §  1042. 

Oath  of  in  justice  court,  §  14.37. 

Oath  of  officer  having  custody  of,  §§  1121,  1128,  1440. 

Officer,  removal  of,  trial  to  be  by,  §  767. 

Officer  taking  charge  of,  swearing  of,  §  1128. 

Opinion,  conscientious,  of  juror,  precluding  verdict  of  guilty,  a 
ground  of  challenge,  §  1074. 

Opinion,  juror  not  disqualified  by,  §  107G. 

Panel  defined,  §  10-57. 

Papers  that  may  be  taken  by,  on  retiring,  §  1137. 

Police  court,  in.     See  Police  Court. 

Polling  of,  and  proceedings  on,  §  1163. 

Polling,  sending  out  for  further  deliberation,  §  1163. 

Previous  conviction,  jury  to  find  on,  §  1158. 

Proceedings  where  all  jurors  do  not  agree,  §§  1163,  1164. 

Proceedings  where  all  jurors  do  not  appear  on  return  with  ver- 
dict, §  1147. 

Proceedings  where  juror  becomes  sick,  §§  1089,  1123,  1139. 

Proceedings  where  juror  becomes  sick  or  unable  to  proceed,  §  1123. 

Proceedings  where  jury  discharged  because  no  offense,  §  1117. 

Proceedings  where  jury  discharged  for  want  of  jurisdiction, 
§§  1113-1116. 

Promise  of  juror  to  give  verdict  or  decision,  punishment  of,  §  96. 

Eeceiving  bribe,  punishment  of,  §  93. 

Ketirment,  court  may  adjourn  during,  but  deemed  open  for  busi- 
ness, §  1142. 

Retirement,  instructions   may  be   taken   with   them,  §  1137. 

Eetirement  of,  juror  declaring  knowledge  during,  proceedings 
on,  §  1120. 

Retirement   of,   papers   that   rnay   be   taken   on,  §  1137. 

Retirement,   swearing  officer  to  take  charge  of,  §  1128. 

Return   for   information,   may,  §  1138. 

Returning   for   information,   proceedings   on,  §  1138. 

Return  of,  on  agreement,  §  1147. 

Return  of,  on  agreement,  proceedings  where  all  do  not  appear, 
§  1147. 

Return  of,  proceedings  on,  §  1147. 

Rooms  and  accommodations  for,  a  county  charge,  §  1135. 

Room  and  accommodations  for  after  retirement,  duty  of  sheriff 
where   supervisors   do   not  furnish,  §  1135. 

Room  and  accommodations  for,  after  retirement,  supervisors  to 
furnish,  §  1135. 

Rumor,  opinion  formed  from,  not  a  ground  of  challenge,  §  1074. 

Separation  during  trial,  court  may  permit,  §  1121. 

Separation  of   after   retirement,   new   trial   for,  §  1181. 

Sick,  juror  becoming  after  retirement,  proceedings  on,  §  1139 

Sick,  juror  becoming,    proceedings   on,  §  1123. 

Testimony,  notes  of,  jury  may  take  with  them,  §  1137. 

Verdict  prevented,  trial  of  cause  again,  §  1141. 

Verdict  of.     See   Verdict. 

View  of  premises,  ordered,  when,  §  1119. 


INDEX,  1019 

JURY.      (Continued.) 

View  of  premises,   proceedings    when    ordered,  §  1119. 

Waiver  of  in  cases   not   amounting   to   felony,  §  1042. 

Waiver  of  in  justice's   court,  §  1435. 

Waiver  of  in  police   court,  §  1435. 

Waiver  of,  manner   of,  §  1042. 

Witness,  challenged  juror  as,   to   disprove   challenge,  §  1081. 

Witness,  juror  as  on  declaring  knowledge  of  fact,  §  1120. 

JUSTICE.     See  Supreme  Court  Justice. 

JUSTICE,   FEDERAL. 

Offenses  against.     Appendix,  tit.  "Conspiracy." 

JUSTICE  OF  THE  PEACE.     See  Justice's  and  Police  Court. 
Corporation  committing  offense,  summons  to  issue,  §  1427. 
Corjioration    committing   offense,    summons,    service   of,    and    pro- 
ceedings on,  §  1427. 
Failure  to  pay  over  fines  and  forfeitures,  a  misdemeanor,  §  427. 
Is  magistrate,  §  808. 
Warrant,  when  must  issue,  §  1427. 

JUSTICE'S  AND  POLICE  COURT. 

Acquittal,   discharge   of   defendant   on,  §  1454. 

Affidavits,  want  of  title  or  defective  title,  effect  of,  §  1460. 

Affrays,   jurisdiction    over,  §  1425. 

Appeal  to  superior  court,  §§  14(36-1470.     See  Appeal. 

Arrest,  form  of  warrant,  §  1427. 

Arrest  of  judgment,  defendant  may  move  for,  §  1450. 

Arrest  of  judgment,  denial  of  motion,  judgment  to  be  pronounced, 
and    entered,  §  1453. 

Arrest  of  judgment,  effect    of,  §  1452. 

Arrest  of  judgment,  grounds  for,  §  1452. 

Arrest  of  judgment,  time  for  motion   in,  §  1450. 

Assault,   jurisdiction   over,  §  1425. 

Bail,  defendant    may   be   admitted   to,  §  1458. 

Bail,  provisions  of  code  relative  to,  prevail  in,  §  1458. 

Bail.     See   Bail. 

Battery,  jurisdiction   over,  §  1425. 

Breaches  of  the  peace,  jurisdiction  over,  §  1425. 

Challenges  to  jurors,  court  to  try,  §  1436. 

Challenges  to  jurors,  grounds   of,  §  1436. 

Complaint  for  misdemeanor  to  be  filed  within  a  year,  §  1426a. 

Complaint,  form  of  and  what  to  set  forth,  §  1426. 

Complaint,  proceedings  to  commence  by,  §  1426. 
, Continuance,  right  to,  §  1433. 

Conviction,  proceedings  on,  §  1445. 

Costs,    judgment    against    prosecutor    for    and    enforcement    of, 
§§  1447,    1448. 

Court  cannot   charge   on   question   of  fact,  §  1439. 

Court  to  decide   questions    of   fact,  §  1439. 

Court,  trial  b}^  on  waiver  of  jury,  §  1430. 

Discharge  of  defendant   on  acquittal   or  judgment  for  fine  with- 
out  alternative,  §  1454. 

Discharge  of  defendant  on  payment  of  fine,  §  1457. 

Docket  of,  how  kept,   and  what  to  contain,  §  1428. 

Docket  to  be  kept  by  judge  or  clerk,  §  1428. 

Execution  of  judgment   of   imprisonment,   manner   of,  §  1455. 

Execution  of  judgment  of  imprisonment  until  fine  is  paid   §  1456. 


1020  INDEX. 

JUSTICE'S  AND  POLICE  COURT.      (CoiiIjiuumI.) 

Fact,   court   not    to   instruct   as   to,  §  Hlii). 

Fiuo  and   inii)iisonni('nt   on   non-payment,  §  ]44(). 

Fine,  disposition   of,  §§  }i'j7,   i')7(i. 

Fine,  failure  to   jiay  over,  §  427. 

Fine,  judgment  imposing  and  directing  imprisonment  until  paid, 
enforcement    of,  §  145(i. 

Fine,  judgment  of,   discharge   of   defendant,  §  ]4;j4. 

Fine,  judgment  of,  discharge  of  defendant  on  payment  of,  §  1457. 

Fine,  limit  on  imprisonment  in  case  of,  §  1446. 

Fines  and  forfeitures,  how  disposed  of,  §§  1457,  1570. 

Indictment  or  information,  offenses  need  not  be  prosecuted  by, 
§682, 

Instructions  as  to  facts  not  to  be  given,  §  1439. 

Issue   how  tried,  §  1430. 

Judges  of  are   magistrates,  §  808. 

Judgment,  bail  to  appear  for,  on  postponement,  §  1449. 

Judgment,  certified  copy  of  to  be  given  to  sheriff  or  marshal, 
§  1455. 

Judgment  of   fine   may   direct   imprisonment,  §  1446. 

.Tudgment  of  imprisonment,  how  executed,  §  1155, 

Judgment  on  plea  of  guilty,  §  1445. 

Judgment,  purchase  of  by  a  justice,  a  misdemeanor,  when,  §  97. 

Judgment,  time  for  rendering,  §§  1449,  1453. 

Judgment  to  be  entered  in   minutes,  §  1453. 

.Jurisdiction,  have,  over  what  offenses.  §  1425. 

.Jury,  discharge    of,    without    verdict,  §§  1443,    1444. 

Jury,  discharge   -without   verdict,   retrial   of   defendant,  §  1444. 

Jury,  formation   of,  manner  of,  §  1435. 

Jury  may  decide  in  court  or  retire,  §  1440. 

Jury,  oath   of  jurors,  §  1437. 

Jury,  officer  taking   charge   of   on   retirement,   oath   of,  §  1440. 

Jury,  officer  to  take  charge   of  on  retirement,  §  1440. 

Jury  trial,   how   conducted,  §  1438. 

Jury  waived   how,  §  1435. 

Law,    court    to   decide   questions    of,  §  1439. 

Lottery,  proceedings  to   enforce  forfeiture  of  property  in,  §  325. 

Magistrate,   justice   is    a,  §  808. 

Malicious  mischief,  jurisdiction  over,  §  1425. 

Minutes   kept   how,  §  1428. 

Misdemeanor,  complaint  for  to  be  filed  within  a  year,  §  1426a. 

Misdemeanor,  jurisdiction  over,  §  1425. 

New  trial,  defendant  may  move  for,  §  1450. 

New  trial,  denial  of,  judgment  to  be  pronounced  and  entered, 
§  1453. 

New  trial  granted  on  appeal  to  be  in  superior  court,  §  1469. 

New  trial,  grounds  for,  §  1451. 

New  trial,  time   for   motion   for,  §  1450. 

Oath   of   jurors,  §  1437. 

Oath  of  officer  having  custody   of  jury,  §  1440. 

Offenses  need  not  be  prosecuted  by  indictment  or  information 
§682. 

Offenses,  proceedings  commenced  by  filing  complaint,  §  1426. 

Petit  larceny,  has  jurisdiction  over,  §  1425. 

Plea  of  guilty,  examining  witnesses  and  proceedings  where  de- 
fendant  guilty   of   higher   offense,  §  1429. 

Plea  of  guilty,  proceedings  on,  §§  1429,  1445. 

Plea,  same  pleas  allowed  as  in  case  of  indictment,  §  1429. 


INDEX.  1U21 

JUSTICE'S  AND  POLICE  COURT.      (Continued.) 
Plea  to  be  oral  and  entered  in  minutes,  §  1429. 
Postponement   of   trial,   right   of,  §  1433. 
Presence   of   defendant   necessary,  §§  1434,   1438. 
Prosecution  need  not   be  by  indictment  or  information,  §  682. 
Kiots,  jurisdiction  over,  §  1425. 
Rout,  jurisdiction   over,  §  1425. 
Subpoenas,  issuance  of,  §  1459. 
Subpoenas,  punishment  for  disobedience,  §  1459. 
Trial   conducted  how,  §  1438. 
Venue,  change  of,  §§  1431,   1432. 
Venue,  change  of,  affidavits  on  motion,  §  1431. 
Venue,  change  of,  grounds   for,  §  1431. 
Venue,  change  of,  proceedings   on,  §  1432. 
Verdict,  discharge   of  jury  without,   and   proceedings   on,  §§  1443, 

1444. 
Verdict  of  jury,  how  delivered  and  entered,  §  1441. 
Verdict    of    jury,    when    several    defendants    are    tried    together, 

§  1442. 
Verdict  to  be  general,  §  1441. 

JUSTIFICATION. 

Bail,  of,  §§  1279,  1280,  1288.     See  Bail. 

Persons  aiding  officers  in  preventing  crime,  when  justified,  §  698. 

JUTE. 

Prison  directors  authorized  to  fix  the  price,  terms  and  conditions 
of  sale  of  jute  bags.     Appendix,  tit.  "State  Prisons." 

Prison  directors  authorized  to  insure  jute  or  jute  goods.  Ap- 
pendix, tit.  "State  Prisons." 

JUVENILE    COURT. 

Act   creating.     Appendix,  tit.   "Juvenile  Court." 

Commitment  and  release  of  minors.  Appendix,  tit.  "Juvenile 
Court." 

Dependent  and  delinquent  children,  care,  custody  and  mainte- 
nance of.     Appendix,  tit.  "Juvenile  Court." 

Dependent  and  delinquent  children,  who  are,  act  relating  to. 
Appendix,  tit.   "Juvenile   Court." 

Detention  home  for  delinquent  and  dependent  children.  Appen- 
dix, tit.  "Juvenile   Court." 

Jurisdiction  of  superior  court  over  offenses  connected  with  depend- 
ent and  delinquent  children.  Appendix,  tit.  "Juvenile 
Court." 

Misdemeanors  need  not  be  prosecuted  by  indictment  or  informa- 
tion, §  682. 

Probation  committee,  establishment  of.  Appendix,  tit.  "Juven- 
ile Court." 

Probation  officers,  creation  and  salaries  of.  Appendix,  tit. 
".Juvenile  Court." 

Procedure  in.     Appendix,  tit.  "Juvenile   Court." 

Punishment  of  persons  responsible  for  dependent  or  delinquent 
children.     Appendix,  tit.  "Juvenila  Court." 

Repeal  of  juvenile  court  of  act  of  1903.  Appendix,  tit.  "Juven- 
ile Court." 

JUVENILE  DELINQUENT.     See  Juvenile  Court. 

Probationary  treatment  of,  §  1388.     See  Probationary  Treatment. 


1022  INDliX. 


KIDNAPING.     Sec  Abduction. 

AlMiiK'lion  out  of  st:itc,  and  bringing  jjorson  in  state,  § '207. 

Child,  punislimont  for,  §  278. 

Defined,  §  207. 

False  representations,  by  means  of,  punishment,  §  207. 

Felony,  is,  §§208,209. 

Jurisdiction  of,  §  784. 

Punishment  of,  §§  208,  209. 

Taking  person  out  of  state,  and  bringing  within  state,  is,  §  20i 

What  amounts  to,  §§  207,  209. 

KINGS  RIVEE. 

Destruction  of  fish  in,  act  to  prevent.     Appendix,  tit.  "Fish." 

KLAMATH  RIVER. 

Limit  of  tide-water  in,  §  G3  J. 

KNOWINGLY. 

Meaning  of,  §  7. 


LABEL.     See  Trade-mark. 

Counterfeited,  using,  a  misdemeanor,  §  3-50. 
Counterfeiting,  a  misdemeanor,  §  3-50. 
False,  on  articles,  a  misdemeanor,  §  349a. 
False,  on  goods,  punishment  for  affixing,  §  349a. 
Poisons,  sale  of,  packages  to  be  labeled,  §  347a. 

Sale  or  manufacture  of  goods  with  counterfeited  label,  a  misde- 
meanor, §  351. 

LABOR.  See  Hours  of  Labor;  Labor  Organizations;  Master  and  Ser- 
vant. 

Eight  hours,  requiring  minors  to  work  more  than,  a  misdemeanor. 
§  6.5L 

Prisoners  may  be  required  to,  §  1613. 

Prisoners,  rules  and  regulations  therefor,  §  1614. 

iStone-cutting  by  convict  forbidden,  §  15S8. 

Union  labor,  misrepresentations  regarding  employment  of  a  misde- 
meanor, §  349c. 

Union  labor,  misrepresentations  regarding  employment  of,  punish- 
ment of,  §  349c. 

Union  labor,  misrepresentations  of  kind  of  labor  in  producing 
goods,  §  349a. 

LABOR  ORGANIZATION. 

Coercing  persons  not  to  .join,  a  misdemeanor,  §  679. 

Prevention  of  persons  from  unlawfully  using  a  union  card.  Ap- 
pendix, tit.  "Labor  Unions." 

Prevention  of  unlawfully  wearing  button  of.  Appendix,  tit. 
"Labor  Unions." 

Trade-mark,  registered,  of,  unlawful  use,  imitation  or  forgery  of 
a  misdemeanor,  §  349h. 

Trade-mark,  registered,  of  unlawful  use,  imitation  or  forgery  of, 
punishment  of,  §  349b. 

LAKE  BIGLER. 

Preservation  of  fish  in,  act  for.     Appendix,  tit.  "Fish.". 


INDEX.  1023 

LAKE  CHABOT. 

Fishing  in,  act  forbidding.     Appendix,  tit.  "Fish." 

LAKE  MEERITT. 

Act  to  prevent  destruction  of  fish  and  game  in  and  around,  con- 
tinued in  force, §  23. 

TAKE  TAHOE. 

Catching  trout  in  streams  running  into,  regulation  of,  §  632. 

LANDLORD  AND  TENANT.     See  Lease. 

Gambling  by  infant,  lessee  permitting,  punishment  of,  §  336. 
Gambling,  liability  of  lessor  where  premises  used  for,  §  330a. 
Gambling,  permitting  by  lessor,  punishment  for,  §§  331,  336. 
Kelationship  of  as  ground  of  challenge  to  juror,  §  1074. 
Tenant,  when  guilty  of  embezzlement,  §  507. 

LANDMARK. 

Defacing,  removing,  etc.,  a  misdemeanor,  §  605. 

LARCENY. 

Allegations  of  theft  of  bank  notes,  moneys,  certificates,  etc.,  sus 

tained  when,  §  1131. 
Animals,  stealing  of  certain  is  grand,  §  487. 
Assault  with  intent  to  commit,  punishment  of,  §  220. 
Automobile,   bicycle    or    motorcycle,    temporarily    taking   without 

consent,  punishment,  §  499b. 
Bringing  stolen  property  within  state,  punishment,  §§  27,  497. 
County  treasurer,  delivery  of  unclaimed  property  to,  §  1411. 
Custody  of  the  propertv  by  peace-officer,  §  1497. 
Defined,  §  484. 
Degrees  of,  §  486. 

Delivery  of  the  property  to  owner,  §§  140S-1410. 
Dogs  are  personal  property,  §  491. 
Dogs,  value  of,  how  ascertained,  §  491. 
Electricity,  stealing  of,  a  misdemeanor,  §  499a. 
Evidence  to  prove,  what  sufficient,  §  1131. 

Fire,  of  goods  saved  from,  in  San  Francisco,  punishment  of,  §  500. 
Fixtures,  of,  §  495. 

Gas,  stealing  of,  a  misdemeanor,  §  498. 
Grand,  animals,  stealing  of,  is,  §  487. 
Grand,  articles  subject   of,  §  487. 
Grand,  assault  to  commit,  punishment  of,  §  220. 
Grand,  converting   realty   into    personalty   with    felonious   intent, 

punishment  of,  act  relating  to.     Appendix,  tit.  "Larceny." 
Grand,  defined,  §  487. 
Grand  or  petit,  is,  §  486. 
Grand,  punishment  of,  §  489. 

Grand,  stealing  amalgam,  gold-dust  or  quicksilver  from  any  min- 
ing   claim,    punishment   of,    act    relating  to.     Appendix,  tit. 

"Larceny." 
Grand,  taking  property  from  person  of  another,  §  487. 
Grand,  what  amounts  to,  §  487. 
Indictment  or  information  for  larcenv  of  money,  bank  notes,  etc., 

§967. 
Jurisdiction  when  committed  out  of  state,  and  goods  brought  in, 

§789. 
Jurisdiction   where  property  brought  into   county,   from   another 

county,  §  786. 
Jurisdiction  where  stolen  goods  brought  into  state,  §  789. 


1024  INDEX. 

LARCENY.     (Continued.) 

Lost  property,  of,  wliat  constitutes,  §  485. 

Mortgaged  chaltel,  reniovin<r  or  disposing  of  without  consent,  lar- 
ceny, §  ooS. 

Mortgaged  personalty,  fraud  in  transterring,  is,  §  538. 

Mortgaged  iiro[ierty,  reino\  ing  improvements  from,  is,  when, 
§5U2i.j. 

Official  books,  maps  or  records,  oOicer  stealing,  [)unisliment  of, 
§§113,114. 

Out  of  state,  goods  brouglit  in,  jurisdiction,  §  789. 

Out  of  state,  goods  brought  in,  punishment,  §  497. 

Petit  defined,  §  488. 

Petit,  jurisdiction  of  justice's  court  over,  §  1425. 

Petit  or  grand,  is,  §  4S(). 

Petit,  ])unishment  of,  §  490. 

Petit,  i)unishnient  where  second  ofl'ense,  §§  GGO,  6(57.    . 

Property  or  money  taken  from  prisoner,  and  receipt  therefor, 
§§  1412,  1413. 

Public  documents  of,  punisliment  of,  §§  113,  114. 

Punishment  of  grand,  §  489. 

Punishment  of  petit,  §  490. 

Punishment  of  second  offense,  §  606. 

Realty,  converting  into  personalty  with  fraudulent  intent.  Ap- 
pendix, tit.  "Larceny." 

Realty,  severing  or  removing  a  part  of,  when  is,  §  495. 

Receiving  stolen  property,  punishment  for,  §  496. 

Receiving  stolen  property,  purchasing  or  receiving  when  evidence 
of  theft,  §  496. 

Receiving  stolen  ])roperty  and  bringing  it  within  state,  §  789. 

Records,  of,  punishment  of,  §§  113,  114. 

Removal  of  property  subject  to  chattel  mortgage  without  consent, 
is,  §  538. 

San  Francisco,  of  goods  saved  from  fire  in,  punishment  of,  §  500. 

Search-warrant  in  ease  of,  §  1524. 

Second  offense,  punishment  of,  §  666. 

Stolen  goods,  buying,  receiving,  secreting,  or  selling,  punishment 
of,  §  496. 

Stolen  goods,  receiving,  evidence,  §  496. 

Stolen  property,  bringing  into  state,  jurisdiction  and  punishment, 
§§27,  497," 789. 

Stolen  property,  court  in  which  trial  had  may  order  its  delivery 
when,  §  1410. 

Stolen  property,  delivery  to  county  treasurer  where  not  claimed 
and  sale  by  and  disposition  of  proceeds,  §  1411. 

Stolen  property,  how  disposed  of,  §  1536. 

Stolen  property,  magistrate  in  possession  of  to  deliver  to  owner  on 
paying  expenses,  §  1408. 

Stolen  property,  magistrate  may  order  delivery  to  owner  on  pay- 
ing expenses,  §  1408. 

Stolen  property,  officer  holds  subject  to  order  of  magistrate,  §  1407. 

Stolen  property,  receipts  for  where  taken  from  defendant,  §  1412. 

Stolen  property,  record  of  property  alleged  to  be  stolen  and  duty 
of  clerk,  §'l413. 

Tickets  of,  and  value  of,  §§  493,  494. 

Value  of  written  instruments,  §§  492,  494. 

Vehicle,  temporarily  taking  without  consent,  punishment  of, 
§  499b. 

Water,  of,  a  misdemeanor,  §  499. 


INDEX.  1025 

LARCENY.     (Continued.) 

Written  instruments,  not  delivered,  of,  §  40J. 
Written  instruments,  value  of,  §  492. 

LASCIVIOUS  CONDUCT. 

With  child,  a  felony,  §  288. 

LAUDANUM.     See  Drugs;  Narcotics. 

LAW. 

Court  to  decide  questions' of,  §§  1124,  1126,  113!). 
Either  party  may  appeal  on  questions  of,  §  1235. 
Error  in  ruling  on  question  of,  new  trial  for,  §  1181. 
Jury  to  take  from  court,  §  1126. 

Libel,  jury  decides  both  lavF  and  fact  in,  §§  251,  1125,  1126. 
Rulings  on  questions  of  may  be  reviewed  although  no  exception 
taken,  §  1259. 

LAWFUL  RESISTANCE. 

When  and  by  whom  made,  §§  692-694. 

LEASE. 

Forgery  of,  §  470. 

Gambling,   lessee   permitting   infant   to   gamble,   guilty   of   niisdc 

meanor,  §  336. 
Gambling,  permitting  by  lessor,  punishment  of,  §§  331,  336. 
Lottery,  of  building  or  vessel  for,  a  misdeTueanor,  §  326. 
Prostitution    or    assignation,    letting    house    for,    a    misdemeanor, 

§316. 

LEGISLATURE. 

Altering  draft  or  bill  or  resolution,  a  felony,  §  83. 

Altering  enrolled  copy  or  bill  or  resolution,  a  felony,  §  84. 

Bill,  altering  enrolled  copy  of,  a  felony,  §  84. 

Bill,  draft  of,  altering,  a  felony,  §§  83,  84. 

Bribe,  asking  for  or  agreeing  to  receive,  punishment  of,  §  86. 

Bribe,  giving  to  member,  punishment  of,  §  85. 

Bribe,  legislator  receiving  forfeits   office,  §  86. 

Bribe,  offering  to  member,  punishment,  §  85. 

Bribe,  receiving  by  member,  punishment,  §  86. 

Bribe  to  members  by  candidate  for  United  States  Senate,  a  felony, 
§§  63,  631/0. 

Bribery,  obtaining  money  or  property  to  influence  vote  of  mem- 
ber, a  felony,  §  89. 

Bribery  of  member  of  legislative  caucus,  punishment,  §  57. 

Candidate  for  or  member  of,  receiving  money  from  candidate  for 
United   States  senatorship,  §  631/2- 

Candidate  for,  pledge  by,  punishment  of,  §§  55a,  56. 

Candidate  for  United  States  senator,  advancing  money  to  candi- 
date for,  punishment,  §  63. 

Candidate,   pledge   of,  punishment,  §  55a. 

Candidate,  soliciting  vote  of,  punishment  of,  §  55a. 

Disorderly  conduct  in  presence  of,  a  misdemeanor,  §  82. 

Disqualified  to  hold  office,  member  is,  for  what  crimes,  §  88. 

Disturbing  session,  a  misdemeanor,  §  82. 

Forfeiture  of  office  by  member,  for  what  crimes,  §  88. 

Impeachment  by  Senate.     See  Impeachment. 

Influencing  member  not  to  attend  house  or  committee,  punishment 
of,  §  85. 
Pen.  Code — 65 


1026  INDEX. 

LEGISLATURE.      (CoiitiiiiuMl.) 

Tiillucnciiiir  \ot('  of,  a  felony,  §  85. 

lioljhyiiijj;,  no   privilege  of  witnes.s  in  case   of,  §  89. 

Lobbying,   |iuni.sliniont  of,  §  89. 

Lobbying,  testimony  of  witness  not  to  be  used  against,  §  S9. 

Memtiers  forfeit  office,  and  disquiilified,  for  what  crimes,  §  88. 

Obtaining  money  to  influence  legislator,  privilege  of  witness,  §  89, 

Obtaining  money  to  influence  legislator,  testimony  of  witness  not 
to  be  used  against  him,  §  89. 

Obtaining  money  to  influence  vote  of  member,  a  felony,  §  89. 

Pardon  or  commutation  no  power  of  where  defendant  twice  con- 
victed of  felony,  §  1418. 

Preventing  the   meeting  or  organization  of,  a  felony,  §81. 

Receiving  bribe  by  member  of  legislative  caucus,  punishment,  §  5". 

Resolution,  legislative,  altering  draft  of,  a  felony,  §  8.T. 

Resolution,  legislative,  altering  enrolled  copy  of,  a  felony,  §  84. 

Treason,  power  to  pardon  or  reprieve,  §  1418. 

Witness  before,  refusal  to  attend,  a  misdemeanor,  §  87. 

Witness  before,  refusal  to  be  sworn  or  to  give  evidence,  a  mis- 
demeanor, §  87. 

LEGITIMACY. 

Parent  omitting  to  provide  for  illegitimate  child,  punishment  of, 
§270. 

LETTERS. 

Conveying,  to  convict  in  state  prison,  a  misdemeanor,  §  171. 
Opening,  reading,  or  publishing,  punishment  of,  §  618. 
Sending  offense  complete  when,  §  6G0. 
Threatening,    sending,    punishment    of,  §§  52.3,    650. 

LEVEE. 

Cutting,  or  injuring,  punishment  of,  §  607. 

LEWD.     See  Obscene. 

Conduct  with  child,  inmishment  of,  §  288. 

LIBEL. 

Author's  liability,  §§  253,  258,  259. 

Cartoon  or  caricature,  publishing,  punishment  of,  §  258. 

Defined,  §  248. 

Editor's  liability,  §§  253,  258,  259. 

Indictment  or  information,  how  charged  in,  §  964. 

Jury  may  determine  law  and  fact,  §§  251,  1125,  1126. 

Malice  not  presumed  in  communication  by  interested  person, 
§250. 

Malice  presumed,  when,  §  250. 

Newspaper  article,  failure  to  sign,  procedure  where  defendant 
cannot  be  found,  §  259. 

Newspaper   article,   failure   to   sign,   punishment,  §  259. 

Newspaper  articles,  signing,  sufficiency  of,  §  259. 

Newspaper  articles  to  be  signed,  §  259. 

Offer  to  prevent  publication,  extortion  by,  a  misdemeanor,  §  257. 

Privilege,  limitation  on,  §  255. 

Privileged  communication  by  interested  person,  to  another  inter- 
ested  person, §  256. 

Privileged  communication,  libelous  remarks  accompanying  are  not. 
privileged,  §  256. 

Privileged,  report  of  public  official  proceedings  is,  §§  254,  255. 


INDEX.  1027 

LIBEL.      (Coutiuued.) 

Publication,  what  eonstitutes,  §  252. 
Publisher's   liability,  §§  2o3,   258,   259. 
Punishment  of,  §  249. 

Special  verdict  cannot  be  found  in,  §  1150. 
Threatening  to  publish,  a  misdemeanor,  §  257. 
Truth  may  be  given  in  evidence,  §  251. 
Truth,  when  a  justification,  §  251. 

LIBERTY. 

Attempt  to  assume  ownership  of  another,  punishment  of,  §  181. 
Infringement  of  personal  liberty,  punishment  of,  §  181. 

LIBRARY.     See  Involuntary  Servitude. 

Books,  etc.,  destroying,  etc.,  a  misdemeanor,  §  623. 
Books,  etc.,  detaining  from,  a  misdemeanor,  §  62314. 

LICENSE. 

Carrying  on  business  M'ithout  a  misdemeanor,  §  435. 
Delivering  without  receipt  for  payment,  a  misdemeanor,  §  431. 
Fish  or  game,  license  necessary  to  deal  in,  §  630. 
Game  animals  or  birds,  to  raise.     See  Game  Laws. 
Forfeiture  of,  by  attorney,  §  162. 
Forfeiture   of,  for  holding  mock  auction,  §  535. 
Given  for  forbidden  games,  a  felony,  §  337. 
Necessary  to  form   military  company,  §  734. 
Pawnbroking  without,  a   misdemeanor,  §  338. 
Piloting,  unlicensed,  a  misdemeanor,  §  379. 
Receipt,  collecting  without  giving,  a  misdemeanor,  §  431. 
Receipt  for,  unlawfully   having  blank,  a   felony,  §  432. 
Receipt,  giving  false,  a  misdemeanor,  §  431. 

Receipt,  inserting  more  than  one  name  in,  a  misdemeanor,  §  431. 
Receipts,  blank,  possession  of  a  felony,  when,  §  432. 
Refusing  to  give  names   of  employee  to  license  collector,  a  mis- 
demeanor, §  434. 
To  form  military  eompan}-  revocable  at  any  time,  §  734. 

LIEN. 

Judgment  for  fine,   constitutes,  §  1206. 

LIEUTENANT-GOVERNOR. 

Compensation  of  as  director  of  state  prison,  §  1575. 
Impeachment,  liable  to,  §  737. 
Presiding   officer   on   impeachment   of,  §  752. 

Vacancy  in  office,  president  pro  tern,  of  Senate  to  act  as  prison 
director,  §  1574. 

LIFE  IMPRISONMENT. 

Discretion  as  to  where  no  limit  for  offense,  §  671. 
One  sentenced  to,  deemed  civilly  dead,  §  674. 

LIGHT.     See  Signal  Light. 

LIMICOLAE.     See  Game  Laws. 

LIMITATION  OF  ACTIONS. 

Absence  of  defendant  from  state,  eftect  of,  §  802. 

Complaint  for  misdemeanor  to  be  filed  within  a  year,  §  1426a. 

Embezzlement,  for,  §  799. 

Falsification  of  public  records,  for,  §  799. 

Felonies,   for,  §  800. 


1028  lNDE-\. 

LIMITATION  OF  ACTIONS.      ((  ui.t  imu'.l.) 
Iiulictnioiit  foiuul   vvlioi),  §  Suii. 
In  general,  §  801). 
Misdemeanors,    for,  §  801. 
Murder,  for,  §  79!). 

LINNETS.     See  Game  Laws. 

(';ilil'ornia,   are   predatory   birds,  §  ("iiT  Vi'- 

LIQUORS.     See  Intoxicating  Liquors. 

tStatc  laboratory  for.     See  Adulteration. 

LITERARY  PROPERTY.     See  Copyright. 

LITERATURE. 

Injurini:^  work   of,   in    public   library,   a  uiisdenlcanor,  §  623. 

LITTLE  BROWN  CRANE.     See  Game  Laws. 

LIVERY-STABLE  KEEPER. 

Breach  of  agreement  with,  a  misdemeanor,  §  .j37b. 
Defrauding,  a  misdemeanor,  §  537b. 

Injury  to  animal  or  vehicle  obtained  from,  a  misdemeanor,  §  ;j37b. 
Permitting  horses  or  vehicles  to  be  used  by  other  than  owners,  a 
misdemeanor,  §  537c. 

LIVESTOCK.     See  Animals;  Railroads. 
Poisoning,  punishment  of,  §  596. 

LOBBYING. 

No  privilege  of  witness  in  case  of,  §  89. 

Obtaining  money  to  influence  legislator,  punishment  of,  §  89. 

Testimony  of  witness  not  to  be  used  against  him,  §  89. 

LOBSTERS.     See    Game   Laws. 
Closed  season  for, §  628. 
Possession  during  closed  season,  a  misdemeanor,  §  628. 

LOCOMOTIVE. 

Mismanagement  of,  punishment  of,  §§  349,  368. 
Omitting  to  ring  at   crossing,  a  misdemeanor,  §  390. 

LODGER. 

Embezzlement,  when  guilty  of,  §  507. 

LODGING-HOUSE.     See  Innkeeper. 

Cubic-air  law,  §  401a,  and  note. 

Defrauding  keeper  of,  a  misdemeanor,  §  537. 

Number  of  cubic  feet  required  for  each  lodger,  §  401a. 

LOG.     See  Timber. 

Burning,  injuring  or  destroying  piles  or  rafts  of,  a  misdemeanor, 

§  60S. 
Cutting  loose  or  setting  adrift  raft  of,  a  misdemeanor,  §  608. 
Defacing  marks  or  putting  false  marks  on,  a  misdemeanor,  §  356. 
Driving  substance  into   logs,   etc.,   that  will   injure  saws,  statute 

relating  to,  §  593a,  note. 
Driving  substances  into  that  will  injure  saws,  a  felony,  §  593a. 
Logging    engine    without   spark-arresters,   using,    a    misdemeanor, 

§384. 
Lumber  manufacturers,  act  to  protect,  §  593a,  note. 
Placing  subatnnces  in  that  will  injure  saws,  a  felony,  §  593a. 


INDEX.  1029 

LOGGERS. 

Eight  to   use  oxploisivcs  or  fires,  §  3S1. 

LOG-ROLLING. 

Piiiiislinieiit  of,  §  SG. 

LOST  PLEADING. 

How  supplied,  §  810. 

Supp]j-iiig.   effect   of  snbstitnteu   pleading,  §  SIO. 

LOST  PROPERTY. 

Larcenj'  of,  what  constitutes,  §  48.5. 

LOT. 

City,  injury  to,  a  misdemeanor,  §  602. 

LOTTERY. 

Advertising  offices,  a  misdemeanor,  §  323. 

Aiding,  a  misdemeanor,  §  322. 

Defined,  §  319. 

Evidence   respecting   tickets,  §  1109. 

Evidence,  what  not  necessary,  §  1109. 

Evidence,  what  sufficient,  §  1109. 

Forfeiture  of  property  offered  for  disposal  in,  §  325. 

Forfeiture  of  property,  proceedings  to  enforce,  §  325. 

Giving  of  lot  with  a  ticket  a  misdemeanor,  §  532a. 

Insuring  tickets,  or  drawing,  a  misdemeanor,  §  324. 

Insuring  tickets,  publishing  offers  to  insure,  a  misdemeanor,  §  324. 

Letting  building  or  vessel  for,  a  misdemeanor,  §  326. 

Misdemeanor,  running  lottery,  is,  §  320. 

Offices,  keeping,  maintaining  or  advertising,  a  misdemeanor,  §  323. 

Punishment  for  running,  §  320. 

Selling  tickets,  a  misdemeanor,  §§  321,  322. 

What  schemes  are  lotteries,  §  319. 

LUMBER.     See  Log;  Timber. 

Burning,  injuring  or  destroying  piles  or  rafts  of,  a  misdemeanor, 

§  608. 
Cutting  loose  or  setting  adrift  raft  of,  a  misdemeanor,  §  60S. 

LUNATIC.     See  Insane  Person. 

M 

MAGISTRATE. 

Arrest,  may  orally  order,  when,  §  838. 

Arrest  of  fugitive,  to  notify  district  attorney  of,  §  1553. 

Bail,  who  may  admit  to,  §§  1277,  1291. 

Defined,  §§  7,  "807. 

Delay  in  taking  arrested  person  before,  a  misdemeanor,  §  145. 

Depositions  and  warrants  to  be  delivered  to  magistrate  hearing, 

§§  826,  827,  828,  829. 
Depositions,  may  take,  §  811. 

Embezzled  property,  authority  over.     See  Embezzlement. 
Examination   before.     See   Preliminary   Examination. 
Examination    of    prosecutor    and    his    witnesses    upon    complaint, 

§811. 
Inability  to  act,  taking  before  nearest  magistrate,  §  824. 
Information   for   offense   triable   in   another   countv,   proceedings, 

§  827. 


1030  INDEX. 

MAGISTRATE.     (Contimicd.) 

Meaning  of,  §  7. 

I'rivate  person  arrosfing  to  take  (Ici'ciiilant  ln-f'orc  without  ilelay, 
§  847. 

I'roeecdings  whoro  (Icfcndant  taken  l)efore  another  than  one 
issuing  warrant,  §§  S2{i,  S:27. 

Procedure  where  defendant  brought  before,  on  presentment,  §  937. 

Rioters,  refusing  or  neglecting  to  disperse,  a  misdemeanor,  §  410. 

Search  of  defendant,  may  order,  when,  §  1542. 

Stolen  property,  authority  over.     See  Larceny. 

Subpoenas,  may  sign  and  issue,  §  1326. 

Summons  against  corporation,  to  issue  on  information  or  present- 
ment, §  1390. 

Taking  before,  defendant  to  be  brought  before  without  delay, 
§§  825,  847,  849. 

Taking  before,  delay  in  taking  arrested  person  before,  a  inisde- 
meanor,  §  145. 

Taking  before  without  delay,  where  defendant  arrested  without 
warrant,  §§  847,  849. 

Taking  defendant  before  another  magistrate  than  one  who  issued 
warrant,  §§  824,  826,  828. 

Taking  defendant  before,  duty  as  to,  §§  821,  824,  827,  828,  829. 

Taking  defendant  before  nearest,  §§  824,  827,  828. 

Taking  defendant  before  to  give  bail,  duty  of  officer,  §  1284. 

To  inform  defendant  of  charge  against  him,  §  858. 

To  inform  defendant  of  right  to  counsel,  §  858. 

To  transmit  warrant,  depositions,  and  undertaking  to  clerk  of 
court,  §  829. 

Warrant  indorsed  for  service  in  another  county,  liability  of  mag- 
istrate, §  820. 

Who  are  magistrates,  §  808. 

MAIL.     See  Letters. 

MAINTENANCE, 

And  champerty,  §  161.     See  Attorneys. 

MAJORITY. 

May  exercise  authority'  where  joint  authorit}'  given,  §  7. 

MALICE. 

Homicide,  express,  defined,  §  188. 
Homicide,  implied,  defined,  §  188. 
Homicide,  in,  §  188. 
Libel,  in,  presumption  of,  §§  250,  256. 
Meaning  of,  §  7. 

MALICIOUSLY. 

Mf'aniug  of,  §  7. 

MALICIOUS  MISCHIEF. 

Advertisements,  destroying,  punishment  of,  §  616. 
Animals,  killing,  maiming,  torturing,  §  597. 
Animals,   poisoning,  §  596. 
Birds  in  cemetery,  killing,  §  598. 
Books,  etc.,  of  public  library,  to,  §§  623,  623V(!. 
Bridge,  to,  §§  588,  600,  607.  ^ 

Buoys  and  beacons,  to,  §  609.  Appendix,  tit.  "Buoys  and  Bea- 
cons," 


INDEX.  1031 

MALICIOUS  MISCHIEF.      (Continued.) 

Burning  bridges,  grain,  etc.,  §  600. 

Burning  property  of  another,  not  subject  of  arson,  punishment  of, 
§  600. 

Canals,  etc.,  to,  §§  592,  607. 

Crops,  to,  §  604. 

Cruelty  to  animals.     See  Cruelty  to  Animals. 

Dam,  to,  §  607. 

Defined,  §  594. 

Electric  lines  to,  §  593. 

Enumeration  of  acts  constituting,  not  exclusive,  §  595. 

Explosives.     See  Explosives. 

Explosives,  malicious  use  of,  §  601. 

Fences,  to,  §  602. 

Fire-alarm  apparatus,  interference  with,  §  625a. 

Fire,  false  alarm  of,  turning  in,  §  625a. 

Fires,  malicious,  in  general  §  600. 

Freehold,  malicious  trespass  on,  punishment  of,  §  602. 

Freehold,  malicious  trespasses  upon,  what  acts  are,  §  602. 

Gas-pipe,  breaking,  injuring,  or  obstructing,  §  624. 

Guide-board,  to,  §  590.' 

Highways,  to,  §  588. 

Highways,  state,  injuries  to  barriers,  notices  or  warnings  erected 
by  department  of  engineering,  §  588e. 

Highways,  state,  injuries  to  stakes  or  monuments  of  department 
of  engineering,  §  5S8c. 

Humboldt  Bay,  depositing  sawdust,  slabs,  refuse,  etc.,  in,  a   mis- 
demeanor, §  61  2. 

Improvements,  injuring,  §  622. 

In  general,  what  constitutes,  §  594. 

Irrigation  works,  to,  §  607. 

Jails,  to,  punishment  of,  §  606. 

Jurisdiction  of  justice's  court  over,  §  1425. 

Landmarks,  to,  §  605. 

Letters,  opening,  reading  or  publishing,  §  618. 

Lights,  exhibiting  false,  punishment  of,  §  610. 

Lights,  to,  punishment  of,  §  610. 

Mile-stone,  to,  §  590. 

Misdemeanor,  is,  §  594. 

Mooring  vessel  to  buoy  or  beacon,  a  misdemeanor,  §  614.     Appen- 
dix, tit.  "Buoys  and  Beacons." 

Navigable  stream,  obstructing,  §  611. 

Navigation,  obstructing,  a  misdemeanor,  §  613. 

Navigation,  obstructing  by  throwing  overboard  ballast,  etc.,  §  613. 

Notices  set  up  by  legal   authority,  tearing  down,   obliterating  or 
destroying,  §  616. 

Notices,  tearing  down  or  obliterating,  §  616. 

Ornaments  or  improvements,  injuries  to,  §  622. 

Private  way,  to,  §  588. 

Private  rights  of  way,  malicious  injuries  to,  punishment  of,  §  588. 

Proclamations,   destroying,   tearing  down   or   obliterating,  punish- 
ment of,  §  616. 
Public  library,   detaining  books,  jnagazines,  etc.,   after  notice   to 

return,  §  623 V:i. 
Public  library,  destroying  books,  magazines,  etc.,  in,  §  623. 
Rafts  or  pile's  of  wood,  lumber,  etc.,  maliciously  burning,  §  608. 
Rafts  or  piles   of  wood,  lumber,   etc.,  maliciously   setting  adrift, 
§608. 


J  032  INDEX. 

MALICIOUS  MISCHIEF.      (Contiiied.) 

Railroads,  to,  8  -"jST. 

Jieal  estate,  iiialii-ioUH  li'i'Si)uss  iiiuui,  ;i  inisdciiicanur,  §  <)il2. 

Heal  estate,  nialiciou.s  trespasses  iii)oii,  what  acts  eoiistitutes,  §  G02. 

ixestrietioiis  on  general  section,  sections  specifying  [)artieular  of- 
fenses are  not,  §  ;39.1. 

yiiade-lrees  or  plants,  injurie^  1o,  §  ()22. 

Signal  lights,  to,  §  GIU. 

Signals,  etc.,  in  coast  survey,  to,  §  (iJ."). 

Signals,  false,  punishment  for  exliibiting,  §  tJlU. 

Sign-boards,  to,  §  602. 

Specifications  of  acts  constituting,  not  exclusive,  §  .395. 

Stream,  navigable,  obstructing,  §  (ill. 

Telegrajth  or  telephone  message,  obtaining  by  false  personation, 
§  (i21. 

Telegraph  or  telei)hone  message,  opening,  punishment  of,  §  ()21. 

Telegraph  or  telei)hone  message,  to,  §§  619-621. 

Telegrajiliic  or  telephonic  message,  alteration  of,  §  620. 

Telegraphic  or  teleplionic  message,  disclosing  contents,  punish- 
ment of,  §  619. 

Timber,  to,  §  602. 

Toll-gate,  to,  §  589. 

Toll-house,  to,  §  5S9. 

Trees  or  plants,  injuring,  §  622. 

Trespass,  malicious,  upon  real  ])roperty,  a  misdemeanor,  §  602. 

Trespasses,  malicious,  upon  realty,  what  acts  are,  §  602. 

United  States  coast  survey,  removing  signals,  posts,  etc.,  of,  a  mis- 
demeanor, §  615. 

Vessel,  malicious  injury  to,  §  60Sb. 

Vessel,  maliciously  setting  adrift,  §§  608a,  608c. 

Water  company's  property,  to,  §  592. 

Water,  drawing,  after  works  closed,  §  625. 

Water-pipes,  injuring  or  obstructing,  §  624. 

Waterworks,  to,  §  607. 

What  constitutes  in  general,  §  594. 

Willful  injuries  to  person  of  another,  a  misdemeanor,  §  650i/l>. 

Willful  injuries  to  property  of  another,  a  misdemeanor,  §  650i/.. 

Works  of  art,  injuring,  §  622. 

Written  instrument,  injuring  or  destroying,  punishment  of.  §  617. 

MALPRACTICE. 

By  intoxicated  physician,  §  346. 

MANIFEST. 

Of  cargo,  fraudulent,  punishment  for  making,  §  541. 

MANSLAUGHTER.     See  Homicide. 

MANUFACTURED  GOODS. 

False  imprint  or  label.     See  Manufactures. 

MANUFACTURES.     See  Logs. 

False  labels  a  misdemeanor,  §  349a. 

False  labels,  punishment  for  affixing,  §  349a. 

Fraud,  in  stamping  and  labeling,  act  to  prevent,  §  349a,  note. 

MAP. 

Stealing  or  mutilating,  punishment  of,  §§  113,  114. 

MARINES.     See  Soldiers  and  Sailors;  Soldiers'  Home. 


JNUiiA.  "  1033 

MARIPOSA  COUNTY. 

Act  to  protect  stock-raisers  iu,  coutiuued  iu  force,  §  23. 

MARK. 

Act  coiiceriiiiig  marks  in  Siskiyou  County  continued  in  force,  §  23. 
Altering  brands,  punishment  of,  §  357. 
Brands.     See  Brands. 

Defacing,  on  wrecked  property,  a  misdemeanor,  §  35o. 
Defacing,  or  putting  false  marks  i-c    logs,  lumber,  etc.,  a   misde- 
meanor, §  356. 
How  made,  §  7. 

Signature  or  subscription  include,  §  7. 
Signing  by,  §  7. 

MARKET  PRICE. 

Fraud  to  affect,  a  misdemeanor,  §  395. 

MARKET  VALUE. 

Practicing  fraud  to  affect,  a  misdemeanor,  §  395. 

MARRIAGE. 

Abduction  of  woman  to  compel,  punishment  of,  §  265. 
Advertising  procurement  of  dissolution  of,  a  misdemeanor,  §  159a. 
Bigam}-.     See  Bigamy. 

Failure  to  file  license  with  recorder,  punishment,  §  360. 
False  personation,  under,  a  felony,  §  528. 
False  record  of,  punishment  of,  §  360. 
False  return,  punisliment  of,  §  360. 
Incestuous,  solemnizing  an,  punishment  of,  §  359. 
Proof  of  on  prosecution  for  adultery,  §  296b. 
Proof  of  on  prosecution  for   non-support  of  wife,  §  270e. 
Seduction  under  promise   of  marriage,  effect  of  subsequent   mar- 
riage, §  269. 
Seduction  under  promise  of,  punishment  of,  §  268. 
Solemnization  without  license,  punishment  of,  §  360. 
Solemnizing  incestuous  or  forbidden,  punishment  of,  §  359. 
Taking  woman  with  intent  to  compel  her  to  marry,  §  265. 
Willfully  marrying  spouse  of  another,  punishment  of,  §  284. 

MARRIED  PERSON. 

Conveying  or  mortgaging  lands  under  false  representations,  pun- 
ishment of,  §  5.34. 

MARRIED  WOMAN. 

Crime  committed  by  married  woman  under  duress,  §  26. 
Placing  wife  in  house  of  prostitution,  prevention  of,  §  266g. 
Undertaking  of,  as  witness  at  preliminary  examination,  §  SSO. 

MARSHAL. 

Peace-officer,  marshal  is,  §  817. 

Warrant  of  arrest,  may  be  directed  to,  §§  818,  819. 

MARTINS.     See  Game  Laws. 

Are  predatory  animals,  §  6371/4. 

MASCULINE. 

Includes   feminine   and   neuter,  §  7. 

MASK. 

Wearing  for  certain  purposes,  forbidden,  §  185. 
Wearing  of,  punishment  of,  §  185. 


1034  INDEX, 

MASTER 

Vt'sscI,  of,  violating  quarantine  laws,  pimishinont  of,  §  376. 

MASTER  AND  SERVANT.  See  Elections;  Hours  of  Labor;  Rail- 
roads. 

.\p|)rentices.     Sco  .Vpprentice. 

Blacklisting  by  agent  or  employee  of  master,  lia1)ility  for,  §  6o3c. 

Blacklisting,  jjunislunent  for,  S  (i'i^e. 

Blacklisting,  statements  of  reason  for  discharge,  wlien  is  and  when 
not,  §  GoSe. 

Child,  sending  to  immoral  place,  a  misdemeanor,  §  27.3e. 

Coercion  of  employee  at  election  by  employer,  what  amounts  to 
and  punishment  of,  §  59. 

Coercion  of  emj)loyee  not  to  ioin  a  trade  union,  a  misdemeanor, 
§679. 

Conspiracy,  meaning  of  in  disputes  between  employer  and  em- 
ployee limited.     Appendix,  tit.  "Conspiracy." 

Discrimination  against  member  of  national  guard,  a  misdemeanor, 
§  -121. 

Embezzlement,  employee  when  guilty  of,  §  508. 

Emplo.yees.     8ee  Employees. 

Exhibit,  use,  sale  or  hire  of  child,  what  unlawful,  §  272. 

Homicide  in  correcting  servant,  when  excusable,  §  195. 

Homicide  in  defending  servant,  justifiable,  §  197. 

Infant  not  to  be  sent  to  questionable  resort,  §  273e. 

Infant  under  eighteen,  sending  to  saloon,  gambling-house  or  im- 
moral place,  §  273f. 

Injunctions  in  disputes  between,  use  of  restricted.  Appendix,  tit. 
"Conspiracy." 

Killing  of  master  by  servant,  how  punished,  §  191. 

Labor  unions.     See  Labor  Unions. 

Misrepresentations  of  conditions  of  employment,  a  misdemeanor. 
Appendix,  tit.  "Master  and  Servant." 

Misrepresentation  of  kind  of  labor  employed  in  producing  goods, 
.punishment  of,  §  349a. 

Misrepresentations  regarding  employment  of  union  labor.  See 
Labor. 

Misrepresenting  kind  of  labor  employed  in  producing  goods,  pun- 
ishment of,  §  349a. 

Officer  receiving  part  of  wages  or  salary,  a  felony,  §  653d. 

Payment  of  wages  to  employee  in  saloon  a  misdemeanor,  §  680. 

Receiving  part  of  wages  of  laborer  on  public  works,  a  felonv, 
§  653d. 

Receiving  part  of  wages  of  laborer  or  subordinate  officer,  act  re- 
lating to,  §  653d,  note. 

Relationship  of,  as  ground  of  challenge  to  juror,  §  1074. 

Scaffolding  and  appliances,  obstructing  inspection  of,  a  misde- 
meanor, §  402c. 

Scaffolding  and  appliances,  removal  of  notice  that  unsafe,  a  mis- 
meanor,  §  402c. 

Scaffolding  and  appliances  unsafe,  erection  of,  a  misdemeanor, 
§402c. 

Sending  child  under  eighteen  to  immoral  place,  §  273f. 

Union  labor,  misrepresentations  regarding  employment  of,  a  misde- 
meanor, §  349c. 

Union  labor,  misrepresentations  regarding  emplovment  of,  punish- 
ment of,  §  349c. 

Wages,   assignment  of,  provision   relating  to,  §  955. 


INDEX.  1035 

MATRONS. 

Female  prisoners,  foi.     fcjee  Jails. 

MAYHEM. 

Assault   with   inteut   to   commit,   punishment   of,  §  220. 

Defined,  §  203. 

Murder  in  committing,  degree  of,  §  189. 

Punishment  of,  §  204. 

What    constitues,  §  203. 

MAYOR. 

Consent  to  employment  of  child  as  musician,  §  272. 
Military,  may  order   out,  §  728. 

Peace  at   public  meetings,  duty   to   order   out  police   to   preserve, 
§720. 

MAYOR'S    COURT. 

Included   in   definition   of  police   court,  §  1461. 

MEADOW  LARK.     See  Game  Laws. 

MEASURES.     See  Weights  and  Measures. 
False,  §§  552-555. 

MEETING. 

Corporate,  presumption  of  assent  of  directors,  §§  569,  570. 

Disturbing  a  public,  punishment  of,  §§  58,  403. 

Police,  maj'or  to  order  out  to  preserve  peace  at,  §  720. 

Public,  preventing,  a   misdemeanor,  §  58. 

Eeligious  disturbing,  a  misdemeanor,  §  302. 

MENACE.     See   Duress;   Threats. 
As   affecting   liability,  §§  26,    31. 

MENDOCINO  COUNTY. 

Act   to   jjrevent   taking   of   fish   by   means   of   weirs,    dams,    nets, 
traps  or  seines  in  certain  streams  in.     Appendix,  tit.  "Fish." 

MEMORIAL  DAY. 

Holding  amateur  boxing  contest  on,  a  misdemeanor,  §  413'/^. 

MERCHANDISE. 

Fraudulent  issue  of  documents  concerning,  §§  577-581. 

MERCHANT.     See  Factors. 

Embezzlement,  when  guilty  of,  §  506. 

MERGER. 

Of  civil  and  criminal  action,  §  9. 

MESHES.     See  Pish;   Game  Laws. 
Of  fish  net,  size  of,  §  636. 

MESSAGES. 

False.     See   Forgery. 

MESSENGERS. 

Infant,  sending  to  questionable  places,  a  misdemeanor,  §  273e. 

METER. 

Gas   or  electric,   interfering   with,  §§  498,  499a. 

MICE.     See  Game  Laws. 

Are   predatory    animals,  §  637^^.  ^ 


103G  INDEX. 

MILEAGE. 

Of   jurors,   aiul    how   paid,  §  1]43. 

MILE-POSTS. 

Malicious  iujury  to  a  misdemeanor,  §  590a. 

One-lialf  the  fines  for  injuries  to,  go  to  the  informer,  §  o90a. 

MILE-STONE. 

Malicious    injury   to,    a    misdemeanor,  §  590. 

MILITARY.     See  Soldiers  and  Sailors. 

MILITARY  ACADEMIES. 

]\ifi;ht  of  members  to  parade  with  arms,  §  7.34. 

MILITARY    COMPANIES. 

Cannot  be  formed  without  license,  §  734. 
License  to  form  revocable  at  any  time,  §  734. 

MILITARY    LAW.     See    Army;    Militia;    Military    Companies;    Na- 
tional   Guard. 
Code  does  not  affect  military  authority  to  punish  offenders,  §  11. 
Code   preserves  authority  of  courts-martial,  §  11. 

MILITARY    STORES. 

Having,  retaining  or  selling,  a  misdemeanor,  §§  442,  443. 

MILITIA.     See  National   Guard. 

Arms    and    ecjuipments    of,    having    or    selling,    a    misdemeanor, 

§§442,    443. 
Disobedience     or    insubordination    by    member,    a    misdemeanor, 

§§  652,   653. 
Failure  to  attend  parade  or  drill,  §§  652,  653. 
Governor  to  order  out  to  aid  in  executing  process,  when,  §  725. 
Offenses,   how   prosecuted,  §  682. 
Parade  with  arms,  right  to,  §  734. 

Riot,  armed   force   to   obey   orders   of   civil   officer,  §  730. 
Riot,  blank   cartridges,   penalty   for   firing,  §  731. 
Riot,  commanding   officer,   discretion   as   to   attacking   and   firing, 

§  731. 
Riot,  duty  of  officers  and  troops  to  obey  orders,  §  729. 
Riot,  governor  to  order  out,  to  suppress,  §  725. 
Riot,  governor,  when  may  order  out,  §§  728,  732. 
Riot,  militia,  arms  and  equipment  of,  §  729. 
Riot,  officer,  liability   of  for  acts   done,  §  731. 
Riot,  what  officers  may  order  out,  to  suppress,  §  728. 
Riot,  when   may  'he  ordered   out  to   suppress,  §  728. 
Unlawful  companies,  companies  formed  without  license,  §  734. 
Unlawfully  disposing  of   arms,   equipments,   etc.,  §  443. 
Unlawfully  retaining  possession   of   arms,   equipments,   etc.,  §  442. 

MILK.     See  Adulteration. 
Fraud  in   sale   of,  §  381a. 

MINE. 

Larceny   from,  §  487. 

Stealing    of    amalgam,    gold-dust    or    quicksilver,    grand    larceny. 
Appendix,   tit.   "Larceny." 

MINISTERIAL   OFFICER. 

Code  sections  applicable  to.  S  76. 
Crimes   by   and   ag.iinst.  ^  ". 


INDEX.  1037 

MINKS.     See    Game   Laws. 

Are  predatory  animals,  §  637i/'- 

MINOR.     See   Infant. 

MISCARRIAGE.     See   Abortion. 

MISCHIEF.     See  Malicious  Mischief. 

MISDEMEANOR. 

Abusing  horse   hired   at  livery-stable,  §  537%. 

Acts  for  which  no  penalty  is  prescribed,  §  177. 

Adulterated  food,  drugs  or  liquors,  sale  or  keeping  of,  §§  382,  383. 

Adulterated  honey,  sale  of.     Appendix,   tit.  "Adulteration." 

Adulteration  of  candy,  §  402a. 

Adulteration  of  food,  §§  382,  383. 

Adulteration  of  foods  and  drugs.     Appendix,  tit.  "Adulteration." 

Adulteration  of  liquors,  §§  382,  383. 

Adultery,  §  2G9a. 

Advertisement,  injuring,  §  616. 

Advertisements  of  real  property,  false  statements  in,  §  654b. 

Advertisement,  placing  on  property  without  consent,  §  602. 

Advertisement,  posting  on   state  property,  §  602. 

Advertisement,  posting  without  license  of  owner,  §  602. 

Advertisements,  notices,  or  proclamations,  destroying,  §  616. 

Agent,  broker,  factor,  etc.,  false  statement  by  to  principal,  §  536. 

Agent,  broker,  factor,  etc.,  failure  to  make  statement  to  princi- 
pal, §  536a. 

Agent  of  foreign  insurance  company  that  has  not  complied  with 
law,   soliciting   insurance,  §  439. 

Aiding  in,  a   misdemeanor,  §  659. 

Animal,   dead,   putting  in   stream,   highway,   etc.,  §  374. 

Animal   left   within   inclosure,   neglecting,  §  597f. 

Animal,  malicious  injury,  killing   or   maiming,  §  597. 

Animal,  unfit,  failure  to  kill  on  notice,  §  599e. 

Animal  with  infectious  or  contagious  disease,  exposing,  §§  402, 
4G2d. 

Animals,  abusing  or  failure  to  provide  for,  §  597. 

Animals  afflicted  with  glanders,  failure  to  kill,  §  402b. 

Animals  afflicted  with  glanders  or  farcy,  or  infectious  diseases, 
bringing  into  state,  §  402. 

Animals  afflicted   with   glanders   or   farcy,  sale   of,  §  402! 

Animals,  carrying   in    cruel    manner,  §  597a. 

Animals,  certificate  of  registration,  obtaining  by  fraud,  §  537a. 

Animals,  corralling  over  or  near  stream,  §  374. 

Animals,  deceased,  failure  to  keep  from  other  animals,  §  402d. 

Animals,  docking  tail   ot   horse,  §§  597a,  597d. 

Animals,  docking  tail  of,  importing  or  using  unregistered  horse, 
§§  597a,  597d. 

Animals,  fighting,  causing,  permitting,  or  witnessing,  §§  597b, 
597c. 

Animals,  giving  false  pedigree,  §  537a. 

Animals,  having  glanders  or  farcy,  failure  to  kill,  §  402b. 

Animals,  impounding,  failure  to  feed  or  water,  §  597e. 

Animals,  incinerating,  §  374. 

Animals,  killing,  maiming,   or  torturing,  §  402. 

Animals,  leading,  driving,  or  feeding  along  railroad  track,  §  369e. 

Animals,  letting   certain   made   animals   run    at   large,  §  597g. 

Animals,  letting  stallion  or  jack  to  raare  or  jenny  in  city,  §  597g. 


1038  INDEX. 

MISDEMEANOR.      ((  c.nl  inuc.l.) 

Animals,  neglecting  or   permitting   to   go  witiioiit   care,  §. 1971'. 

Auiinais,  obtaining  false   registration    of,  §  rj37',:;. 

Animals,  olfal,    putting    or    allowing    to    remain    in    stream,    high- 

vva}',  etc.,  §  374. 
Auinials,  poisoning,  §  59G. 

Animals,  torturing,   maiming,   or  killing,  §  597. 

Animals,  transporting,  failure   to  unload,  feed  and  water,  §  3G9b. 
Animals,  use    of    as    blind    in    approaching    certain    water    fowl, 

§  626n. 
Annulment,  advertising  procuring  annulment  of  marriage,  §  159a. 
Appearance  of  defendant  not  necessary  on   rendition  of  verdict, 

§  1148. 
Appointment,  officer  taking  reward  for  making,  §  74. 
Appointment  to  office,  buying,  §  73. 
Appraiser  accepting  fee  not  allowed,  §  653%. 
Apprentice,  aiding  to  run  away  or  harboring,  §  646. 
Apprentice,  requiring  to  work  more  than  eight  hours  a  day,  §  651. 
Apprenticeship,  unlawful,  a  misdemeanor,  §  272. 
Arbitrator,  intimidating,  influencing,  etc.,  §  95. 
Arbitrator,  intimidation   or   attempt  to  influence,  §  95. 
Arbitrator,  misconduct,  §  96. 
Arms,   parading   or   drilling   with,  §  734. 

Army,  navy  or  national  guard,  wearing  uniform  of,  §  442 1/». 
Arraignment,  defendant  may  appear  by  counsel,  §  977. 
Arraignment,  defendant  need   not   be   present,  §  977. 
Arrest,  delay  in  taking  person  before  magistrate,  §  145. 
Arrest  for.     See  Arrest. 
Arrest,  refusal  to  aid  in  making,  §  150. 
Arrest,  refusal    to    make,  §  142. 
Arrest,  when  only  can  be  made  at  night,  §  840. 
Arrest  without  lawful  authority,  §  146. 
Arrest.     See  Arrest;   Warrant  of  Arrest.  ♦ 

Art,  works  of,  injuring,  §  622. 
Artesian    well,    waste    of    waters    of.     Appendix,    tit.    "Artesian 

Wells." 
Assault,  §§  221,  241. 
Assault  by  public  officer,  §  149. 

Assault,  possession  of  deadly  weapon  with  intent  to,  §  467. 
Assault  with  deadly  weapon,  §  245. 
Assessor,  giving  false  name  to,  §  429. 
Assessor,  making  false  statement  to,  §  430. 
Assessor,  obstructing,  §  428. 

Assessor,  refusal  to  give  list  of  property  to,  §  429. 
Assessor,  refusal  to  give  name  to,  §  429. 
Assignation  house,  keeping  of,  §  316. 
Attachment,  levying  without   authority,  §  146. 
Attempt  to  commit  crime,  §§  664,  665. 
Attorney,  advertising  or  holding  one's  self  out  as,  §  161a. 
Attorney  buying  suits  or  demands,  §  161. 
Attorney  defending  prosecution,  instituted  by  himself  or  partner, 

§§  162,  163. 
Attorney,  misconduct  of,  §  160. 

Attorney,  refusing  permission  to  visit  defendant,  §  825. 
Attorney-general,   refusing  inspection   of  books,   papers,   etc.,   by, 

§  440. 
Auctioneer,  acting  unlawfully  as,  §  436. 
Auctions,  mock,  §  535. 


INDEX.  1039 

MISDEMEANOR.      (Coutiuued.) 

Automobile,  temporarily  taking  without  consent,  §  499h. 

Automobile,  driving  while  intoxicated,  §  367d. 

Automobiles,  failure  of  driver  to  assist  in  case  of  collisions,  §  367c. 

Automobile,  intoxicated  driver  injuring  person,  §  367e. 

Badge  of  secret  society,  wearing,  §  643  Vij- 

Ballast,  obstructing  navigation  by  overthrowing,  §  613. 

Ballast,  throwing  overboard,  §  613. 

Ballot,  false,  printing  or  circulating,  §  62. 

Bank,   insolvent,   officer   or   employee   receiving  deposit   guilty   of 
misdemeanor,  §  562. 

Bank,   savings,   officer   or   employee   overdrawing   account,   a   mis- 
demeanor, §  561. 

Barratry,   common,  §  15S. 

Battery,  §  243. 

Beacon,  mooring  vessel  to,  §  614.     Appendix,  tit.  "Buoys  and  Bea- 
cons." 

Beacon,   removal    of,   or   injury    to,  §  609.     Appendix,   tit.    "Buoys 
and  Beacons." 

Betting  upon  contests  of  skill,  speed  or  endurance,  §  337a. 

Betting  on  elections,  §  60. 

Bicycle,  temporarily'  taking  without  consent,  §  499b. 

Bigamy,  marrying  husband  or  wife  of  another,  §  284. 

Big  Tree  Grove,  injury  to.     Appendix,  tit.  "Growing  Trees." 

Bill  of  lading  or  invoice,  destroying,  §  355. 

Bill  of  lading  or  receipt,  failure  to  mark  duplicate,  §  580. 

Bill-posting  on  public  property  or  property  of  another,  §  602. 

Birds,  killing  or  injuring  in  cemetery,  §  598. 

Birds'  nests  or  eggs,  injuring  in  cemetery,  §  598. 

Blackmailing,  §  257. 

Blasting  wood  during  dry  season,  §  384. 

Blasting  wood  under  permit,  §  384. 

Blue  cranes,  capture  or  destruction  ef,  §  599. 

Blue  cranes,  nests  or  eggs,  injuring  or  destroying,  §  599. 

Boarding-house  or  innkeeper,  defrauding,  §  537. 

Board  of  health,  failure  to  obey  regulations  to  prevent  pollution 
of  ice,  §  377c. 

Board  of  health,  failure  to  obey  rules  of,  §§  377a,  377b,  377c. 

Boilers,  negligently  managing,  §§  348,  349,  368. 

Bookmaking,  §  337a. 

Bridges,  driving  or  riding  over  faster  than  a  walk,  §  590b. 

Brake  or  fender,  failure  of  carrier  to  use,  §  369a. 

Brand,  alteration  of,  §  35 7  V:;. 

Breach  of  peace,  refusal  to  aid  in  preventing,  §  150. 

Bribery  of  telegraph  operator,  §  641. 

Bribery  of  telephone  operator,  §  641. 

Bridge,  injuring  or  destroying,  §§  587,  588,  607. 

Bridge,  maintaining  without  authority,  §  386. 

Bridges,  dams,  flumes,  etc.,  injuries  to,  §  607. 

Buoy,  mooring  vessel  to,  §  614.     Appendix,  tit.   "Buoys   and  Bea- 
cons." 

Buoy,  removal  of,  §  609.     Appendix,  tit.  "Buoys  and  Beacons." 

Buoys    or    beacons,    injuring    or    removing,  §  609.     Appendix,    tit. 
"Buoys  and  Beacons." 

Bristle  or  tack  bur,  use  of.     Appendix,  tit.  "Animals." 

Burglarious  instrument,  possession  of,  §  466. 
Burial,  issuing  permit  for,  illegally,  §  377. 
Burial,  neglect  of,  §  293. 


1040  INDKX. 

MISDEMEANOR.      (Contiiuiod.) 

Burial  without  poniiit,  §  'Ml. 

Butter,  process  or  ronovated,  sale  witliout  lalicl,  §  MS^Ja. 

Butter,  sale  of  short-weight  rolls  of.     Appctidix,  tit.  "Butter." 

Camp-fire,  leaving  burning,  §  384. 

(.ainp-nieoting,  saJc  of  gootis  at  or  within  one  mile  of,  §§  304,  305. 

Camp-meeting,  sale  of  liquor  at,  or  within  one  mile  of,  §§  304,  305. 

Caual,  ilumc,  or  reservoir,  taking  water  from,  injuring,  or  ob- 
structing, §  592. 

Canal,  injury  to,  §§  592,  GOT. 

Canals,  dams,  etc.,  injury  to,  §  607. 

Candidate  offering  to  procure  office  for  elector,  §  55. 

Candidate,  soliciting  vote  of,  §  55a. 

Candy,  adulterated,  keeping  or  selling,  §  402a. 

Candy,  adulteration  of,  §  402a. 

Carcass,  attempting  to  destroy  by  fire,  §  374. 

Caricature,  publishing,  §  258. 

Carrier,  pledge  or  sale  of  property  by,  §§  581,  583. 

Carrier  refusing  to  receive  passenger,  §  365. 

Carrier,  violation  of  law  governing  transportation  of  fish,  §  632a. 

Cartoon,  publishing,  §  258. 

Cemetery,  injuring  shrubber3',  fences,  etc.,  §  296. 

Cemeterv,  corporations,  borrowing  funds  of  in  violation  of  statute, 
§  573. 

Cemetery,  misdemeanors  in  connection  with.     See  Cemetery. 

Cemetery,  monument  or  tomb,  defacing,  §  296. 

Certificate,  false,  issuing  by  public  officer,  §§  167,  649. 

Champerty,  §  161. 

Check,  drawing  with  knowledge  that  one  has  no  funds  or  credit, 
§476a. 

Child,  cruelty  to,  §  273a. 

Child,  desertion  or  abandonment  of,  §§  271,  271a. 

Child,  disposing  of  for  me'ndicant  purposes,  §§  272,  273. 

Child,  endangering  life,  limb  or  health,  §  273a. 

Child,  exhibiting,  employing,  and  hiring  out,  §§  272,  273. 

Child,  habitual  intoxication  in  presence  of,  §  273g. 

Child,  immoral  practices  in  presence  of,  §  273g. 

Child,  letting  or  hiring  for  public  exhibition,  §§  272,  273. 

Child,  letting  or  selling  for  immoral  purposes,  §§  272,  273. 

Child,  omitting  to  provide  for,  §  270. 

Child,  permitting  use  of  for  mendicancy,  §  272. 

Child,  sending  to  house  of  prostitution,  §  273e. 

Child,  sending  to  immoral  place,  §  273e. 

Child,  under  eighteen,  sending  to  house  of  prostitution,  or  other 
immoral  place,  §  273f. 

Child  under  sixteen,  permitting  to  enter  saloon,  §  397. 

Chinese,  employment  of  by  corporation,  §§  178,  179. 

Chinese,  importation  of,  §  174. 

Chinese  women,  imj3orting  for  immoral  purposes,  266c. 

Claim,  fraudulent,  presenting  to  public  officer,  §  72. 

Coal,  misrepresentation  in  sale  or  exchange  of,  §  556. 

Coal-tar,  etc.,  discharging  into  -waters,  §  374Vj- 

Coercing  persons  not  to  join  labor  union,  §  679. 

Collision,  railroad  employees  causing  death  from,  §  369. 

Compounding  crime,  §  153. 

Compounding  misdemeanor,  punishment,  §  153. 

Compromise,  by  permission  of  court,  proceedings  for,  §  1378. 

Compromise,  court  may  permit,  when,  §  1378. 


INDEX.  1041 

MISDEMEANOR.      (Continued.) 

Compromise  of,  power  of  injured  person  to  make,  §§  1377,  137i). 

Conspiracy,  §  182. 

Constable  purcliasiug  judgment,  §  97. 

Contempt,  §  166. 

Controller,  refusing  inspection  of  books,  papers,  etc.,  by,  §  440. 

Convict,  foreign,  importing,  §  173. 

Convict,    letter,    writing   or   reading   matter,    taking   to    or    from, 

§171. 
Convict-made  goods,  sale  of,  §  679a. 
Convict,  unauthorized  communication  with,  §  171. 
Corporation,  foreign,  no  defense  that  corporation  is,  §  571. 
Corporation,  fraud  in  keeping  accounts  of,  §  563. 
Corporation,  fraudulent  acts  of  officers  of,  §  563. 
Corporation  refusing  inspection  of  books,  §  565. 
Corporation,  refusing  permission  to  take  copies  from  books,  §  565. 
Corporation,  unauthorized  use  of  names  in  prospectus  or  circular 

of,  §  559. 
Co.unterfeiting  railroad  pass,  ticket,  check,  etc.,  §  481. 
County  treasurer  receiving  private  deposits,  §  ISO. 
Cranes,   injuring   or    destroying   birds   or   nests,  §  599.     See    Game 

Laws. 
Cremation,  issuing  permit  for,   illegally,  §  377. 
Cremation  without  permit,  §  377. 
Crime,  as  a,  §  16. 
Crime  punishable  by  imprisonment  in  state  prison   or  county  jail 

and  fine,  §  17. 
Crime,  refusal  to  aid  in  preventing,  §  150. 
Crops,  injuries  to,  §  604. 
Cubic-air  law,  violating,  §  401a. 
Cutting  hair  of  prisoner,  §  1615. 

Dairy  products,  false  or  inaccurate  tests  in,  §  SSla. 
Dam,  injuring  or  destroying,  §  607. 
Dead  body,  arrest  or  attachment  of,  §  295. 
Deadly  weapon,  exhibiting  in  rude,  etc.,  manner,  §  417. 
Deadly  weapons,  possession   of  with  intent  to  assault,  §  467. 
Deaths,  disobedience  of  statute  as  to  registration  of,  §  377. 
Debtor,  acts  committed  to  defraud  creditors.  §§  154,  155,  531. 
Debtor,  fraudulent  conveyance  by,  §§  154,  155,  531. 
Debtor  fraudulently  concealing  property,  §§  154,  155. 
Deceiving  a  witness,  §  132. 
Decency,  offenses  against,  §  650Vj. 

Decision  of  arbitrator,  referee,  etc.,  attempt  to  influence,  §  95. 
Decision,  offer  to  give,  §  96. 

Deer,  destruction  of  on  Mt.  Diablo.     Appendix,  tit.  "Game  Laws." 
Defined,  §  17. 

Deformit}',  exhibiting,  §  400. 
Deformity,  giving  appearance  of,  §  400. 
Delay  in  taking  arrested  person  before  magistrate,  §  145. 
Detainer,   forcible,  §  418. 

Dice  having  more  than  six  faces,  use  of,  punishment  of,  §  330a. 
Directors  of  corporations,  misconduct  of,  §  560. 
Disguise  or  mask,  w^earing,  §  185. 
Dismissal  a  bar  in,  when  and  when   not,  §  1387. 
Disorderly  conduct,  §  415. 
Disorderly  house,  keeping,  §  316. 
District    attornev    defending   prosecution    formerly   instituted    bv 

himself,  §  162. 

Pen.  Code — 66 


1042  INDEX. 

MISDEMEANOR.      (Cdnt  imuMl.) 

Disturbing   jmhlic    iiu'etiiijj;s,  S§  •'3S,   40'A. 

Disturbing  rcligidus   nicoting,  §  1502. 

Divorce,  adv'crtising  {iroi-uring  of,  §  159a. 

Dockage,  toll  or  wharfage,  collecting  illegally,  §  642. 

Druggist,  negligence,  fraud,  or  wrongs  of,  §  380. 

Drugs  or  poisons,  giving  to  animals.     Appendix,  tit.  "Animals." 

Drunkard,  selling  liquors   to,  §  397.     Appendix,   tit.   "Intoxicating 

Lifpiors." 
Duel,  fighting,  or  sending  or  accepting  challenge,  §  227. 
Duel,  leaving  state  to  evade  law  against    duelling,  §  231. 
Duel,  officer  not  exerting  liiniself  to  prevent,  §  230. 
Duel,  posting  or  reproaching  or  publishing  for  not  fighting,  §  229. 
Eight-hour  law,  violation  of,  §  653c. 
Ejectment,  retaking  possession  after,  §  419. 
Election  days,  selling  or  giving  away  licpior  on,  §  63b. 
Election  laws,   agreement  b}^   candidate   to  procure  office  for  an- 
other, §  55. 
Election  laws,  aiding  or  abetting  offenses  against,  §  52. 
Election  laws,  ballot,  tampering  with  by  officer,  §  49. 
Election  laws,  coercion,  influence,  or  restraint  of  voters,  §  59. 
Election  laws,  communicating  unlawful  offer  to  voter,  §  56. 
Election  laws,  fraudulent  acts  of  officers,  §  41. 
Election  laws,  furnishing  money,  property,  or  entertainment   for 

electors,  §  54. 
Election  laws,  meetings  of  electors,  §  58. 
Election  laws,   officer   disclosing   name   of   voter,  §  49. 
Election  laws,  officer  unfolding  or  marking  ballot,  §  49. 
Election  laws,  pledge  of  or  by  candidate,  §§  55a,  56. 
Election  laws,  printing  or  circulating  illegal  ticket,  §  62. 

Election  laws,  refusal  to  act  by  officers,  §  41. 

Election  laws,  refusal  to  be  sworn  or  answer  to  board  of  judges, 
§43. 

Election  laws,  refusal  to  obey  summons  of  board  of  registration, 
§44. 

Election  laws,  violating  in  printing  and  circulating  ticket,  §  62. 

Election  laws,  violation  of  by  person  not  an  officer,  §  61. 

Election  officer,  acting  as  by  one  who  cannot  read  and  write  Eng- 
lish language,  §  49a. 

Election  officer,  refusing  to  act  as,  §  49a. 

Elections,  betting  on,  §  60. 

Elections,    circulating    or   printing   circulars,    pamphlets,    etc.,   in- 
jurious to  candidate,  §§  62a,  62b. 

Electrical  lines  or  apparatus,  interference  with,  §  593. 

Electricity,  stealing  of,  §  499a. 

Electric  line  and  apparatus,  injury  to,  §  593. 

Electric   meter,   interfering   with,  §  599a. 

Embankments,  levees,  sea-walls,  etc.,  injuring,  §  607. 

Embezzlement,  §  514. 

Employee,  paying  in  saloon,  §  680. 

Employee,  refusing  to  give  name  to  tax  or  license  collector,  §  434. 

Employees  of  railroad,  intoxication  of,  §  391. 

Employees  of  railroad,  violation  of  duty  by,  §  393. 

Engineer,  crossing  highway  without  ringing  bell  or  sounding  whis- 
tle, §  390. 

Engines,  negligently  managing,  §§  348,  349,  368. 

Engines,  using  without  spark-arresters,  §  384. 

Escape,  carrying  things  into  prison  to  aid  in,  §  110. 


INDEX.  1043 

MISDEMEANOR.      (ContiiuuHl.) 

Escape  from  otlier  than  state  prison,  .attempt  to,  §  107. 

Evidence,  concealing  or  destroying,  §  135. 

Execution,  levying  without  authority,  §  146. 

Exhibition,  indecent,  procuring  another  to  make,  §311. 

Explosions,   negligently   causing,  §§  348,   349,   368. 

Explosive,  making,  keejjing  or  carrying  in  city,  §  375. 

Explosives,  failure  to  keep  record  of  sales  of,  §  375a. 

Explosives,  using  in  fishing,  §  635. 

Exposing  one's  self  or  another  with  infectious  or  contagious  dis- 
ease, §  394. 

Extortion,  §  521. 

Extortion,  attempt  by  verbal  threats,  §  524. 

Extortion  by  judge,  §  94. 

Extortion  by  judicial  officer,  §  94. 

Extortion  by  ofBeer,  §§  70,  521. 

False   imprisonment,  §  237. 

False  personation,  §§  529,  530,  650 i/o. 

False  pretenses,  obtaining  monej-,  property,  or  service  by,  §  532. 

False  proofs  upon  insurance  policy,  §  549. 

False  registration   of  animals,  §  537a. 

False  statement  by  broker,  agent,  consignee,  or  commission  mer- 
chant, §  536. 

False  statement,  making  to  assessor,  §  430. 

False  statements  as  to  quality  of  goods,  §  654a. 

False  statements  as  to  financial  condition,  §  532a. 

False  statements  in  advertisements  of  real  estate  a  misdemeanor, 
§  654b. 

False  weights  and  measures,  using,  §  552. 

Fast  driving,  §  396. 

Females,  procuring  or  permitting  exhibition  of  females  in  public 
places.  §  306. 

Fences,  leaving  open.     Appendix,  tit.  "Fences  and  Inclosures." 

Fences,   maliciously   injuring,  §  602. 

Fences,  tearing  down  to  make  passage  through  inclosures,  §  602, 
subd.  8. 

Fender,  failure  of  street-car  company  to  use,  §  396a. 

Ferry,  crossing  without  paying  toll,  §  389. 

Ferry,  maintaining  without  authority,  §  386. 

Ferry,  violating  condition  of  undertaking  to  keep,  §  387. 

Fines  collected  for  setting  fires,  disposition  of,  §  384. 

Fines,  failure  of  officer  to  turn  over,  §  427. 

Fines  for  violation  of  game  laws,  disposition  of.     See  Game  Laws. 

Firearms,  discharging  in  unincorporated  city  or  town,  §  415. 

Fire-alarm  apparatus,  interference  with,  §  625a. 

Fire,  back-fire,  setting  of  not  a  misdemeanor,  when,  §  384. 

Fires,  blasting  wood   during  dry  season,  §  384. 

Fires,  blasting  wood  under  permit,  §  384. 

Fire,  camper  leaving  burning,  §  384. 

Fire  department,  issuance  of  false  certificate  of  exemption,  §  649. 

Fire,  disobeying  orders  of  officers  attempting  to  extinguish,  §  385. 

Fire,  false  alarm  of,  turning  in,  §  625a. 

Fire,  fines  imposed,  disposition  of,  §  384. 

Fire  lawfully  set,  allowing  to  escape  from  control,  §  384. 

Fire,  negligently  setting  on  property  not  one's  own,  §  384. 

Fire,  negligently  setting  without  providing  against  escape,  §  384. 

Fire,  negligently  setting  woods,  grasses,  etc.,  on,  §§  384,  3S4a. 

Fire,  obstructing  attempts  to  extinguish,  §  385. 


1044  INDEX. 

MISDEMEANOR,      ((■..ntimicl.) 

I''ii(',  iisino;  oii}i;iiios  without  si)ark:in-cstcrs,  §  384. 

I''i re,  lef using  as.sistancc  in  combating,  §  381. 

Fire,  violation  of  provision  for  prevention  of  fires,  §  384. 

Fire-warden,  refusal  to  obe}*  suninions  of,  §  384. 

Fisli.  transportation,  rules  governing  and  jienalt}'  for  violating, 
§  632a. 

Fisliway,  failure  to  keep  or  repair,  §  637. 

Food,  adulterated  or  tainted,  selling  or  keeping,  §  383. 

Forcible  entry  and  detainer,  §  418. 

Foreign  insurance  companv  doing  business  without  coniplving  with 
law,  §  439. 

Forfeitures,  failure  of  officer  to  pay  over,  §  427. 

Fraud  affecting  market   price,  §  395. 

Fraud  in  keeping  accounts  of  corporation  or  joint-stock  company, 
§  563. 

Fraud  in  subscriptions  to  stock,  §  557. 

Fraud  of  special  partner,  §  358. 

Fraudulent  claim  or  bill  presenting  to  public  officer,  §  72. 

Fraudulent  conveyance  by  debtor,  §§  154,  155,  531. 

Freehold,  malicious  injury  to,  §  602. 

Fugitive,  receiving  reward  for  services  in  arrest  of,  §  144. 

Gambling-bouse,   prevailing  upon   party   to   visit,  §  318, 

Gambling,  betting  on  pri/e-tights,  §  412. 

Gambling  machines,  use  of,  §  330a. 

Gambling,  owner  permitting  property  to  be  used  for,  §  337a. 

Gambling,  neglect  of  officers  in  relation  to,  §  335. 

Gambling,  officers  giving  authority  to  conduct,  §  337. 

Gambling,  officers  receiving  consideration  for  protecting,  §  337. 

Gambling,  officers  voting  for  ordinance  or  by-law  giving  authority 
to  conduct,  §  337. 

Gambling,  permitting  infant  to  gamble  in  saloon,  §  336. 

Gambling,  permitting  in  houses  owned  or  rented,  §  331. 

Gambling,  winning  at  by   fraudulent   means,  §  332. 

Game,  carrying  bv  carrier,  when  is.  §  627a. 

Game  laws,  violation  of,  §§  626,  626a,  626b,  626c,  626d,  626e,  626f, 
626g,  626h,  626i,  626j,  626k,  626m,  626n,  626p,  626q,  627a, 
627b,  628,  628a,  62Sb,  628c,  628f,  62Sg,  630,  630a,  630b,  631, 
631d,  632,  632yo,  632(4),  632a,  634,  634%,  635%,  636,  636i/o, 
636b,  637a. 

Game  prohibited,  running  of,  §  330. 

Game,  violating  regulations   concerning  transportation  of,  §  627b. 

Gaming-house,  enticing  one  to  visit,  §  318. 

Gaming,  officer  neglecting  duty  in  regard  to,  §  335. 

Gaming,  witness  refusing  or  neglecting  to  attend  trial,  §  333. 

Garbage,  violation  of  law  regulating  deposit  of  in  Pacific  Ocean, 
§  374a. 

Gas-meter,  interfering  with,  §  498. 

Gas-pipes,  injuring  or  obstructing,  §  624. 

Gas,   stealing,  §  498. 

Gas,  turning  off  at  meter.     Appendix,  tit.  "Gas." 

Gates,  maliciously  leaving  open,  §  602. 

Grand  Army,  wearing  badge  of.     Appendix,  tit.  "Grand  Array." 

Grand   juror   acting   after   challenge   allowed,  §  164. 

Grand  juror  disclosing  what  took  place,  §  169. 

Grand  juror,  prejudiced,  failure  to  retire,  §  907. 

Grand  jury,  foreman  failing  to  make  statement  to  jury  and  re- 
quest prejudiced  juror  to  retire,  §  907. 


INDEX.  1045 

MISDEMEANOR.     (Coutiuued.) 
Ciiiide-boaid,  injury  to,  §  590. 
Gulls,  shooting,  trapping,  or  injuring,  §  599. 
Habeas  corpus,  concealing  persons  entitled  to  benefit  of,  §  361. 
Habeas   corpus,   recounnitment    of   party    discharged,  §  363. 
Habeas  corpus,  refusal  to  obey,  §  362. 
Hair,  cutting   of,  of   person   convicted,  §  1615. 
Hatch-tender,  failure  to   employ  in  loading  and   unloading  ships, 

§  368a. 
Hazing,  §  367b. 

Health  law,  neglecting  duty  under,  §  378. 
Health  laws,   violation   of,  §§  377,  378. 
Health  laws,   willful    violation    of,  §§  377,    378. 
Highways,  malicious  injuries  to,  §  588. 
Highways,  putting  carcasses  or  offal  in,  §  374. 
Highways,  glass,  tacks,   etc.,   throwing  upon,  §  588a. 
Highways,    state,    injury    or    removing    stakes    or    monuments    of 

department  of  engineering,  §  oSSc. 
Highways,  state,     removing    barriers    or    notices     or    destroying 

warning   lights  when   closed,  §  58Sb. 
Homing  pigeon,  shooting,  maiming,  or  detaining,  §  598a. 
Honey,  adulteration  of.     Appendix,  tit.  "Adulteration." 
Hospitals    for    persons    with    infectious    or    contagious    diseases, 

maintaining,  §  373. 
Humane  officer,  acting   as    without   authority,  §  607f. 
Humane  officer,  issuing  false  certificate  as  to,  §  607f. 
Humane  officer,  resisting,  §  607f. 
Humboldt  Bay,  making  deposits  in,  §  612. 
Hunting  on  inclosed   land,  §§  602,   627. 

Hunting  on  inclosed    property    without    permission,  §§  602,    627. 
Hunting,   tearing   down  signs   prohibiting,  §  627. 
Husband,  failure   to   supply   necessaries   for   wdfe,  §  270a. 
Ice,  disobedience  of  rules  of  board  of  health  to  prevent  pollution 

of,  §  377c. 
Immigration   laws,   violation   of,  §  174. 
Improvements,    injuring,  §  622. 
Inclosures,   leaving   open,  §  602,   subd.   8.     Appendix,   tit.   "Fences 

and  Inclosures." 
Indecent  exhibition,  procuring  another  to  make,  §  311. 
Indecent  exposure,  procuring  or  assisting  another  to  make,  §  311. 
Indians,  selling  arms  or  ammunition  to,  provision  as  to  repealed, 

§  398. 
Indians,  selling  firearms  to,  provisions  as  to  repealed,  §  398. 
Indians,  selling  or  furnishing  liquors  to,  §  397. 
Indians  of  mixed  blood,  selling  or  furnishing  liquor  to,  §  397. 
Indians,  selling  or  furnishing  of  liquor  to  associates  of,  §  397. 
Indictment,   disclosing   fact   of   finding   of,  §  168. 
Infant,  admitting  to  or  keeping  in  houses  of  prostitution,  §  309. 
Infant,  cruelty    to,  §  273a. 
Infant,  injury  to, §  273a. 
Infant,  parent   or  guardian   permitting  or  conniving  at  being  in 

house  of  prostitution,  §  309. 
Infant,  permitting   to   gamble   in   saloon,  §  336. 
Infant,  sending  to  questionable  resort,  §  273e. 
Infant  under  eighteen,  giving  or  selling  liquor  to,  §  397b. 
Infant  under  eighteen,    permitting   to    visit   saloou,'§  397b. 
Infant  under  eighteen,  sending  to  saloon,  gambling-house,  or  im- 
moral place.  §  273f. 


1046  JNOKX. 

MISDEMEANOR.      (Coiitimu'd.) 

Infaut    under    sixteen,    purchasing    from    or    receiving    in    pledge 

junk   from,  §  501. 
Infant  under  sixteen,  selling  or  furnishing  tobacco  to,  §  308. 
Infant,  uiijustifiablo   punishment   of,  §  273a. 
Infected   person,   exposing,  §  394. 
Information,   disclosing  fact   of   finding  of,  §  168. 
Inhumanity   to   prisoners,  §  147. 

Initiative  petitions,  misrepresentations  or  frauds  in,  §  G4b. 
Innkeeper,  refusing  to  receive  guest,  §  365. 
Insane  persons,  cruelty  to,  §  361. 
Insolvent  banks,  receiving  deposits  in,  §  562. 
Insurance,   procuring  from   foreign   company  which   has   not  filed 

bond,  §  439. 
Interments,  unlavrful,  §  297. 
Interments,  unlav^'ful,  in   San  Francisco,  §  297. 
Intoxicating  liquor,  sale  of  on  election  day,  §  63b. 
Intoxicating  liquor,  sale   of  to  persons   addicted   to  use   of,  §  397. 

Appendix,  tit.  "Intoxicating  Liquors." 
Intoxicating  liquors,  sale  of  to  drunkards,  §  397. 
Intoxicating  liquors,  sale  in  capitol  building,  §  172. 
Intoxicating  liquors,  sale  of  or  furnishing  of  to  Indians  of  whole 

or   mixed  blood,  §  397. 
Intoxicating  liquors,    sale    of    or    furnishing    of    to    associates    of 

Indians,  §  397. 
Intoxicating  liquors,   sale   of   within   certain   distances   of  certain 

public  institutions,  §  172. 
Intoxicating  liquors,  sale  of  between  2  and  5  o'clock  a.  m.,  §  397c. 
Intoxicating  liquors,   selling   or  giving  away  near   certain   public 

institutions,  §  172.  ^ 

Intoxicating  liquors,  selling  or  giving  to  minors,  §  397b. 
Intoxication    of   certain   railroad    employees,  §  391. 
Intoxication   of   railro&d   employees,  §§  369f,   391. 
Invoice,   destroying,  §  355. 

Issuing  or  circulating  paper  money,  first   offense,  §  648. 
Japanese,   importation   of,  §  174. 

Japanese  women,  iinportation   of  for  immoral  purposes,  §  266c. 
Joint  defendants,  joint  or  separate  trials,  §  1098. 
Joint-stock  company,  unauthorized  use  of  prospectus  or  circular, 

§  559. 
Judge  asking  or  receiving  emolument  or  reward,  §  94. 
Judge  receiving  part  of  fees  of  stenographer,  §  94. 
Judgment,  justice  or  constable  purchasing,  §  97. 
Junk,  receiving  in  pledge  from  minors,  §  501. 
Juror,  influencing,  intimidating,  etc.,  §  95. 
Juror,  misconduct   of,  §  96. 
Jury,  number   of,   on   trial   for,  §  1042. 
.Jury,  waiver   of,   manner   of,  §  1042. 
Jury,  waiver  of,  right  of,  §  1042. 
Justice   purchasing  judgment,  §  97. 
Justice's  court,  jurisdiction   of,  over,  §  1425. 
Keys   or   instruments   for   opening  building,   making   or   altering, 

'  §  460. 
Killing  animal  while  hunting  on  inclosed  land  of  another,  §  384c. 
Label,  counterfeited,    sale    of    goods   with,  §  351. 
Label,  counterfeited,  using,  §  350. 
Label,  counterfeiting,  §  350. 
Labels,  false,  placing  on  goods,  §  349a. 


INDEX. 


1047 


MISDEMEANOR.      (Coiitinuoa.) 

Labor  uniou,  coercing  person   not   to  join,  §  679. 

Labor  employed  in  producing  goods,  misrepresentation  of,  §  349a. 

Labor,  misrepresentations   regarding  employment   of  union  labor, 

§  349c. 
Labor  union,  use,  imitation  or  forgery  of  trade-mark  of,  §  349b. 
Landmarks,   defacing,   removing,   etc.,  §  605. 
Larceny,   petit,  §  49U. 

Legislature,  disorderly   conduct   in   presence   of,  §  82. 
Legislature,  disturbing  while  in   session,  §  82. 
Legislature,  witness  refusal  of  to  attend  before,  §  87. 
Legislature,  witness,  refusal  of  to  be  sworn  or  testify  or  produce 

evidence,  §  87. 
Letter  opening,   reading,   or  publishing,  §  618. 
Letter,  threatening,  sending  of,  §  650. 
Libel,  §  249.  '  " 

Libel,  extortion   by   offer  to   prevent   publication,  §  257. 
Libel,  threatening  to   publish,  §  257. 
Library,  destroying  books,  maps,  etc.,  §  623. 
Library,  detaining  books,  etc.,  §  623il>. 
License,  carrying  on  business  without,  §§  338,  379,  435. 
License,  collecting  without  receipt,  §  431. 
License,  giving  false  receipt  for,  §  431. 
License,  inserting  more  than  one  name  in  receipt,  §  431. 
License,  piloting  without,  §  379. 
License,  solemnizing  marriage  without,  §  360. 
Limitation    against    prosecution,    etfect    of    absence    from    state, 

§801. 
Limitation  of  time  to  file  indictment,  §  801. 
Livery-stable,  abusing   horse   hired   at,  §  537b. 
Livery-stable,  injuring  animal   or  vehicle   obtained   at,  §  537b. 
Livery-stable  keeper,  breach  of  agreement  with,  §  537b. 
Livery-stable  keeper,  defrauding,  §  537b. 
Livery-stable  keeper,   defrauding   owner   of,  §  537b. 
Livery-stable  keepers  permitting  other  than  owners  to  use  stock 

or   vehicles,  §  537c. 
Lodging-house  keeper,  violation   of  cubic-air  law,  §  401a. 
Lottery,  advertising  or  opening  offices  for,  §  323. 
Lottery,  aiding   in,  §  322. 
Lottery,  insuring  tickets   or  drawing,  §  324. 
Lottery,  letting  building  or  vessel  for  purposes   of,  §  326. 
Lottery  office,  opening,  maintaining,  or  advertising,  §  323. 
Lottery,  running,  §  320. 
Lottery  tickets,  selling,  §  321. 
Lottery,  giving  of  lot  with  a  ticket,  §  532a. 
Magistrate,   delay   in  taking  arrested  person  before,  §  145. 
Maintenance,  §  161. 

Malicious  injury  to  bridge,  highways,  or  ways,  §  558. 
Malicious  injurj^  to  freehold,  §  602. 
Malicious  mischief,  §  594. 
Malicious  trespass  on  real  estate,  §  602. 
Manufactured   goods,   placing  false   stamp,   label,   or   trade-mark, 

on,  §  349a. 
Marks  upon  logs,  lumber  or  wood,  defacing,  §  356. 
Marks  upon  wrecks,  defacing,  §  355. 
Marriage,  advertising  procuring  dissolution  of,  §  159a. 
Marriage,  failure  to  file  license  and  certificate,  §  360. 
Marriage,  false  return  or  record  of  return,  §  360. 


1U48  INDEX. 

MISDEMEANOR.      ( ( ■mil  imuMl.) 

Muniaj^e,  iiicesliious  or  furbiiJdcii,  .sulciiiiiiziiiy,  §  o-ji). 

Marriage,  soleuuiizing  witliout  license,  §  3(JU. 

Marryiug  husband  or  wife  of  auotlier,  §  28-1. 

Marrying  spouse  of  anotlier,  §  284. 

Mask  or  disguise,  wearing  of,  §  185. 

Master  and  servant,  misrepresentations  regarding  employment  of 
labor,  §§  349a,  Sidh,  349c. 

Meetings  of  electors,  prevention  of,  §  -38. 

Meetings,  public,  disturbing,  §  403. 

Mile-stone,  injury  to,  §  590. 

Military  company,  forming  without  license,  §  734. 

Military  property,  unlawful  conversion  of,  §  442. 

Militia,  disobedience  or  iusubordination  l)y  member,  §§  (552,  G53. 

Militia,  failure  to  attend  parade  or  drill,  §§  652,  (553. 

Minors,  requiring  to  work  more  than  eight  hours  a  day,  §  G51. 

Misconduct  of  jurors,  referees,  etc.,  §  96. 

Misrepresentations  of  conditions  of  employment.     Appendix,  tit. 
"Master  and  Servant." 

Mocking-birds,    capture    or    destruction    of    birds    or    their    nests. 
Appendix,  tit.  ''Game  Laws." 

Money,  issuing  or  circulating  paper  as,  first  offense,  §  648. 

Monuments,  injuring,  §  622. 

Morals,  offenses  against,  §  6501/2. 

Mortgaged  chattel,  removal,  sale  or  encumbrance  of,  §  538. 

Motorcycle,  failure  of  driver  to  assist  in  case  of  collision,  §  367c. 

Motorcycle,  intoxicated  driver  injuring  person,  §  367e. 

Motorcycle,  driving  while  intoxicated,  §  367d. 

Motorcycle,  temporarily  taking  without  consent,  §  499b. 

Mt.  Diablo,  destruction  of  deer  on.     Appendix,  tit.  "Game  Laws." 

Name  of  another,  use  of  for  lewd  purposes,  §  650^2- 

Name  of  another,  using  so  as  to  injure  reputation,  §  650 1/>. 

National  guard,  conversion,  use,  or  sale  of  property  of,  §  442. 

National  guard,  discrimination  against  member  of,  §  421. 

National  guard,  member,  disrespectful  language  or  insubordination 
by,  §  653. 

National  guard,  member  failing  to  appear  at  parade,  §  653. 

National   guard,   member  neglecting   or  refusing   to   obey   orders, 
§  652. 

National  guard,  member  refusing  to  obey  military  duty,  §  652. 

National  guard,  officer  refusing  to  attend  parade  or  encampment, 
§  652. 

Navigable  streams,  obstruction,  §  611. 

Navigation,  obstruction  to,  §  613. 

Newspaper,  misrepresenting  circulation,  §  538a. 
Night,  arrest  may  not  be  made  at,  §  840. 

Notice,  placing  on  property  without  consent,  §  602. 
Notice  prohibiting  shooting,  tearing  down,  §  602. 
NotiCd  set  up  by  legal  authority,  obliterating,  tearing  down  or  de- 
stroying, §  616. 

Nuisance,  committing  or  maintaining,  §  372. 

Nuisance,  public,  maintaining  or  permitting  after  notice,  §  373a. 

Nuisance,  public,  separate  offense  for  each  day  it  is  permitted  to 

remain  after  notice,  §  373a. 
Obscene    books,    papers,    pictures,    advertisements,    etc.,    writing, 

keeping,  selling,  etc.,  §  311. 
Offense  is  a  felony  or  misdem'^anor  according  to  punishment  in- 
flicted, when,  §  17. 


INDEX.  1049 

MISDEMEANOR-      (Continued.) 

Offense,  when  a  felony  and  when  a  misdenieanoi-.  §  17. 

Office,  buying  appointment  to,  §  7o. 

OtKce,  exercising  functions  of  wrongfully,  §  7o. 

Officer  becoming-  interested  in  contract,  §  71. 

Officer  becoming  intoxicated.     Appendix,  tit.  "Officers." 

Officer  connected  with  revenue,  refusing  inspection  of  books,  §  440. 

Officer  holding  over  willfully,  §  75. 

Officer  not  taking  oath  or  giving  bond,  §  65. 

Officer,  obstructing  in  collecting  revenue,  §  428. 

Officer  receiving  fee  in  extradition  jjroceedings,  §  114. 

Officer  refusing  to  receive   or  arrest   person   charged  with   crime, 

§142. 
Officer,  resisting,  §  69. 

Officer,  retaking,  injuring,  or  destroying  goods  in  custody  of,  §  102. 
Officer,  taking  reward  for  appointment  of  deputy,  §  74. 
Officer,  taking  reward  for  deputation  of  authority,  §  74. 
Officer,  willful  omissions  where  no  punishment  provided,  §  176. 
Olive-oil,  selling  imitation.     Appendix,  tit.  "Olive-oil." 
Omissions  for  which  no  penality  is  prescribed,  §§  176,  177. 
One  aiding  in,  guilty  of  misdemeanor,  §  659. 
Opera,  unpublished  or  uncopyrighted,  performing  without  consent, 

§367a. 
Opera,    unpublished    or    uneopvrigbted,    sale    of   without    consent, 

§  367a. 
Opium  resort,  keeping,  §  307. 
Opium  resort,  visiting,  §  307. 
Opium,  sale  of,  §  307. 

Ornaments  or  improvements,  injuring,  §  622. 
Orphan,   representing  child   to  be   to  manager  of  orphan   asylum, 

§  271a. 
Oysters,  trespassing  upon  property  where  planted,  §  602. 
Parading  or  drilling  without  arms,  §  734. 
Parent,  abandonment  of  child  by,  §  271a. 
Parent,  failing  to  provide  for  child,  §  270. 
Passage,  tickets   for  foreign  country,  refusal   to   sell.     Appendix, 

tit.  "Immigration." 
Pawnbroker  charging  unlawful  interest,  §§  338,  340. 
Pawnbroker  doing  business  without  license,  §  338. 
Pawnbroker  failing  to  give  pledgor  a  copy  of  entrv  in  register, 

§  339. 
Pawnbroker,  failure  to  keep  account  of  sales,  §  339. 
Pawnbroker,  failure  to  keep  register,  §  339. 
Pawnbroker  refusing  inspection  of  register  or  articles,  §  343. 
Pawnbroker  refusing  to  pay  over  proceeds  or  disclose  particulars 

of  sale,  §  342. 
Pawnbroker,  sale  without  notice  or  before  time  of  redemption  ex- 
pired, §  341. 
Peace,  disturbing,  §  415. 

Periodical  misrepresenting  circulation,  §  53Sa. 
Person,  injuries  to,  §  6501/^. 
Pest-houses,  establishing  or  keeping,  §  373. 
Petit  larceny,  §  490. 

Photograph,  publishing  without  consent,  §  258. 
Physician,  injuries  while  intoxicated,  §  346. 
Physician,  intoxicated,  guilty  of,  when,  §  346. 
Picture,  publishing  without  consent,  §  258. 
Piloting  without  license,  §  379. 


1050  INDEX. 

MISDEMEANOR,      (('(uit  iiuuM',.) 
Plants,  injuriiiir,  §  G22. 
Poisoning  animals,  §  GSXi. 

Poisonous  substances,  sale  of  in  violation  of  statute,  §  347a. 
Poll  or  road  tax,  collecting  without  receipt.  §  431. 
Poll  or  road  tax,  giving  false  receipt  for,  §  431. 
Pool-selling,  §  .'!M7a. 
Pool-selling,    liability    of    owner    of    i)reniises    where    carried    on, 

§  337a. 
Posse  coniitatus,  refusal  to  join,  §  150. 
Possession,   returning   to   take   after   dispossession   under   process, 

§419. 
Presence  of  defendant  at  trial,  necessity  of,  §  1043. 
Presence  of  defendant  not  necessary  at  judgment,  §  1193. 
Presence    of    defendant    when    verdict    rendered    not    necessary, 

§  1148. 
Prison,  sale  of  liquor  within  nineteen  hundred  feet  of,  §  172. 
Prisoner,  communicating  with,  §  171. 

Prisoners,  exposure  of  or  attempt  to  extort  from,  §  GoOa. 
Prisoner,  inhumanity  to,  §  147. 
Prisoner,  letter,    writing   or   reading   matter,   taking   to   or   from, 

§171. 
Private  roads,  malicious  injuries  to,  §  588. 
Prize-fighting,  §  412. 
Prize-fighting,  taking  part  in,  §  412. 
Prize-fighting,  betting  of,  §  412. 
Prize-fighting,  amateur    boxing    contests,    holding    on    Sunday    or 

Memorial   Day,  §  413  V.. 
Prize-fight,  spectators  at,  guilty  of,  §  413. 
Procedure  where  jury  discharged  for  want  of  jurisdiction,  §§  1115, 

1116. 
Proclamation,  tearing  down,  obliterating  or  destroying,  §  616. 
Profane  or  vulgar  language,  use  of,  §  415. 
Property,  injuries  to,  §  650%. 
Prosecution   of  what  need  not  be  by  indictment  or  information, 

§68?. 
Prisoners,  paroled,  exposure  of  or  attempt  to  extort  from,  §  650a. 
Prostitution,  enticing  one  to  enter  house  of,  §  318. 
Prostitution,  importing  Japanese  or  Chinese  women  for,  §  266c. 
Prostitution,  keeping  or  living  in  house  of.  §§  315,  316. 
Prostitution,  letting  or  keeping  house  for,  §  316. 
Public  administrator,  neglect  or  violation  of  duty  by.  §  143. 
Public  lands,  obstructing  passage  through  or  over,  §  420. 
Public  lands,  preventing  entry  and  settlement,  §  420. 
Punishment  as  determining  nature  of  crime,  §  17. 
Punishment,   in  general,  §  12. 
Punishment,  limits  on,  §  13. 
Punishment  when  no  penalty  prescribed,  §  177. 
Punishment  when  not  otherwise  provided,  §  19. 
Quarantine,  failure  to  obey  regulations  of  board  of  health,  §  377a. 
Quarantine  laws,  violation  of,  §  376. 
Quicksilver,  selling  debased,  §  367. 
Racing  on  streets  or  highways,  §§  396,  415. 
Raft  of  wood,  lumber,  etc.,  burning,  injuring,   or  setting  adrift, 

§  608. 
Railroad,  brakes,  appliances,  etc.,  manipulating,  tampering  or  in- 
terfering with,  §  587a. 
Railroad,  crossing  at  private  passway  and  leaving  open,  §  369d. 


INDEX.  1051 

MISDEMEANOR.      (Coutimied.) 

Kailroad  employee  becoming  intoxicated,  §§  ;J69f,  391. 
Piailroad  employees  causing  deatli  from  collision,  §  3(39. 
Eailroad  emploj'ees,  overcliarges  by,  §  523. 
Railroad  emploj'ees,  violation  of  duty  by,  §  393. 
Railroad  engineer  not  ringing  bell  or  sounding  wliistle  near  high- 
way, §  390. 
Railroad  fare,  evading  or  attempting  to  evade,  §  587c. 
Eailroad  locomotives,    tenders,    cars    or    trains,    trespassing   upon, 

§  387b. 
Railroad  neglecting  to  unload  livestock  for  rest,  water  and  food, 

§369b. 
Railroad,  officer  of,  contracting  debts  iu  excess  of  means,  §§  566, 

567. 
Railroad    or    steamship    pass,    ticket,    check,    etc.,    counterfeiting 

§  482. 
Railroad  or  steamship  pass,  ticket,  etc.,  restoring  canceled,  §  482. 
Railroad,  placing  obstructions  on  track,  §  587. 
Railroad,  placing  passenger  car  in  front  of  freight-car,  §  392. 
Railroad  property  or  bridges,  injury  to,  §  587. 
Railroad,  riding  or  driving  vehicle  along  track  or  over  right  of 

way,  §  369g. 
Railroad  ticket,  counterfeiting,  §  481. 
Railroad  ticket,  restoring  canceled,  §  482. 
Railroad  track,  leading,  driving  or  permitting  animals  to  remain 

along,  §  369e. 
Railroad   transporting  animals,  failure  to  unload,  feed   or  water, 

§  369b. 
Rape,  §  264. 

Real  estate,  false  representations   in   advertisements   of,  §  654b. 
Real  estate,  malicious  trespass  on,  §  602. 
Recall   petitions,  misrepresentations  or  frauds  in,  §  64b. 
Receiving  stolen   goods,  §  496. 

Records,  destroying,  stealing,  altering,  mutilating,  etc.,  §  114. 
Re-entry  after  removal  by  process,  §  419. 
Referee,  contempt  before,  §  166. 
Referee,  etc.,  attempt  to  influence,  §  95. 
Referee,  misconduct   of,  §  96. 

Referendum  petitions,  misrepresentations  or  frauds  in,  §  64b. 
Reformatory,  evil-minded  person  or  vagrant,  etc.,  communicating 

with  inmate,  or  paroled  pupil,  §  171c. 
Reformatory,  evil-minded  person,  vagrant,  etc.,  coming  into  or  on 

grounds  adjacent,  §  171e. 
Reformatory,  sale  of  liquor  within  nineteen  hundred  feet  of,  §  172. 
Refusal  of  persons  assembled  to  disturb  peace  to  disperse,  §  416. 
Refusal  to  aid  in  making  arrest,  §  150. 
Refusal  to  aid  in  preventing  breach  of  the  peace,  §  150. 
Refusal  to  arrest,  §  142. 
Refusal  to  joint  posse  comitatus,  §  150. 
Refusing  to  receive  person  charged  with  crime,  §  142. 
Religious  meeting,  disturbance  of,  §  302. 
Rescue  of  prisoner,  §  101. 
Resisting  officers,  §§  69,  148. 
Retaking,   injuring   or   destroying   goods   in   possession   of   officer, 

§  102. 
Revenue,  obstructing  collection,  §  428. 
Revenue,    officer    connected    with,    refusing    inspection    of    books, 

§440. 


1052  INDEX. 

MISDEMEANOR.      (ContiniUMl.) 

Tfoward  rccoiviiijf  for  services  in  arrestiiifr  fu<j;iti\e,  §  144. 

Kiot,  §405. 

Riot,  oflieer  or  magistrate  neglecting  or  refusing  to  disperse,  §  410. 

Riot,  remaining  at  after  order  to  disperse,  §  409. 

Road,  maintaining  without  authority,  §  886. 

Rout,  officer  neglecting  or  refusing  to  disperse,  §  410. 

Rout,  participation  in,  §  408. 

Rout,  remaining  after  warning  to  disperse,  §  409. 

Sale  of  adulterated  or  debased  quicksilver,  §  367. 

Sale  of  liquor  within  mile  of  insane  asylum  of  Napa  a  misde- 
meanor, §  172. 

Sale  of  tainted  or  adulterated  food,  drugs  or  liquors,  §§  382,  383. 

Sales,  false  representations  as  to  quality  or  merits  of  goods  sold 
or  advertise,  §  654a. 

Sales,  putting  in  extraneous  substance  to  increase  weight,  §  381. 

San  Francisco,  collecting  tolls  or  wharfage  in  without  authority, 
§642. 

San  Francisco  harbor,  receiving  reward  other  than  provided  in 
license  issued  under  provisions  regulating  boarding-houses 
and  shipping  offices,  §  643. 

San  Francisco  harbor,  violating  police  regulations  of,  regulating 
sailor  boarding-houses  or  shipping  offices,  §  643. 

San  Francisco,  removing  property  from  wharves  in  without  au- 
thority, §  642. 

Savings  bank,  overdrawing  account  by  officer  or  employee,  §  561. 

Scaffolding  and  appliances,   obstructing  inspection  of,  §  402c. 

Scaffolding  and  appliances,  removal  of  notice  that  unsafe,  §  402c. 

Scaffolding  and  appliances,  unsafe,  erection  of,  §  402c. 

Sea-gulls,  killing  of,  §  599. 

Seamen,  enticing  to  desert,  §  644. 

Search-warrant,  maliciously  procuring,  §  170. 

Secret  society,  wearing  badge  of  without  right,  §  538b. 

S^eduction  for  purpose  of  prostitution,  §  266. 

Seduction  under  promise  of  marriage,  §  268. 

Seizing  property  without  authority  a  misdemeanor,  §  146. 

Shade-trees,  or  plants,  injuring,  §  622. 

Signal-lights,  altering  or  exhibiting  false,  §  610. 

Signal-lights,  masking  or  removing,  §  610. 

Signals,  monuments,  buildings  or  appurtenances  of  United  States 
coast  survey,  injuring,  §  615. 

Slot  machines,  having  in  one's  possession  or  under  one's  control, 
§  330a. 

Soldiers'  home,  sale  of  liquor  within  a  mile  and  a  half  of,  §  172. 

Songs,  obscene,   singing,  §  311. 

Special  partner,  fraud  of,  §  358. 

Spitting,  §  372a. 

Stamp,  false,  placing  on  goods,  §  349a. 

State   arms,  equipments,   etc.,  having  possession   of,  §  442. 

State  capitol,  sale  of  liquor  in  or  on  grounds  of,  §  172. 

State  printer,  fraud  or  collusion  by,  §§  99,   100. 

Stenographer,  judge  receiving  part  of  fees  of,  §  94, 

Stenographer  paying  part  of  fees  to  judge,  §  94. 

Subterranean  waters,  waste  of.     Appendix,  tit.  "Artesian  Wells." 

Tainted  food,  drugs  or  liquors,  sale   of,  §  383. 

Taxes,  false  statement  respecting,  §  430. 

Tax  receipt,  inserting  more  than  one  name  in,  §  431. 

Teacher,  abusing  in   presence   of  pupil,  §  6o3b. 


INDEX.  1053 

MISDEMEANOR.      (Coutiimecl.) 

Telegraph  line,  malicious  injury  to,  or  obstruction  of,  §  59J. 

Telegraph  line,  unauthorized  connection  with,  §  591. 

Telegraph  message,  altering,  §  620. 

Telegraph  message,  clandestinely  learning  contents,  §  640. 

Telegraph  message,  conspiracy  concerning,  §  474. 

Telegraph  message,  disclosing  contents,  §§  619,  640. 

Telegraph  message,  employee  using  information  of,  §§  639,  640. 

Telegraph  message,  forging,  §  474. 

Telegraph  message,  opening,  §  621. 

Telegraph  message,  refusal,  neglect  or  postponement  of  delivery, 
§638. 

Telegraph  operator,  bribery  of,  §  641. 

Telegraph  operator,  intoxication  of,  §  391. 

Telegram,  obtaining  by  false   personation,  §  621. 

Telephone  companies,  injury  to  or  obstruction  of,  §  591. 

Telephone  line,  malicious  injury  to  or  obstruction  of,  §  591. 

Telephone  line,  unauthorized  connection  with,  §  591. 

Telephone  message,  altering  willfully,  §  620. 

Telephone  message,  clandestinely  learning  contents  of,  §  640. 

Telephone  message,  delay,  refusal,  or  sending  out  af  order,  §  638. 

Telephone  message,  disclosing  contents  of,  §  640. 

Telephone  message,  employee  using  information  contained  in, 
§§  639,  640. 

Telephone  message,  false,  sending  or  aiding  in  sending,  §  474. 

Telephone  message,  obtaining  by  false  personation,  §  621. 

Telephone  message,  opening,  §  621. 

Telephone  operator,  bribery  of,  §  641. 

Theaters,  employing  women  to  sell  licpior  at,  §  303. 

Theaters,  sale  of  liquor  at,  §  303. 

Threatening  "letter  or  writing,  sending  of,  §  650. 

Tickets,  passes,  check,  etc.,  of  railroad  or  steamship,  counterfeit- 
ing, §  482. 

Tickets,  passes,  etc.,  restoring  canceled  railroad  or  steamship, 
§482. 

Tobacco,  selling  or  furnishing  to  infants  under  eighteen,  §  308. 

Tobacco,  failure  to  post  act  forbidding  sale  of  to  minors  under 
eighteen,  §  308. 

Vagrancy,  §  647. 

Toll-bridge,  fast  riding  or  driving  over,  §  388. 

Toll-gate,   passing  without  paying,  §  389. 

Toll-gates  or  house,  injury  to,  §  589. 

Trade-mark,  counterfeited,  using,  §  350. 

Trade-mark,  counterfeiting   or   forging,  §  350. 

Trade-mark,  destroying  or  defacing,  §  354%. 

Trade-mark,  false,  placing  on  goods,  §  349a. 

Trade-mark,  refilling  casks,  etc.,  bearing,  §  354i^. 

Trade-mark,  sale  of  goods  with  counterfeited,  §  351. 

Trade-mark,  selling  casks,  etc.,  containing,  §  3541/.. 

Trade-mark,  selling  goods  that  have  counterfeit,  §  351. 

Trade  names,  refilling  casks,  bottles,  etc.,  bearing,  §§  354,  3o4ii.. 

Trade  names,  selling  casks,  bottles,  etc.,  containing,  §§  354,  35414. 

Transporting  game  out  of  state  without  permit,  §  627a.  See  Game 
Laws. 

Trespass,   malicious,  §  602. 

Umpire,  intimidation  or  attempt  to  influence,  §  95. 

Umpire,  misconduct  of,  §  96. 

Uniform,  wearing  of  army,  navy  or  national  guard,  §  4421/^. 


10.14  INDEX. 

MISDEMEANOR.      (CondiuuMl.) 

Union  labor,  misrepresentations  regarding  employment  of,  §  349e. 

United  States  coast  survey,  injuring  posts,  signals,  etc.,  of,  §  G15. 

University  of  California,  sale  of  liquor  within  one  mile  of,  §  172. 

Unlawful  assembly,  officer  neglecting  or  refusing  to  disperse, 
§410. 

Unlawful  assembly,  punishment  of,  §  408. 

Unlawful  assembly,  remaining  after  warning  to  disjiersc,  §  409. 

Vagrancy,  §  647. 

Vehicle,  temporarily  taking  without  consent,  §  499b. 

Vessel,  malicious  injury  to,  §  GOSb. 

Vessel,  setting  adrift,  §  60Sa. 

Violation  of  health  laws,  §§  377,  377a. 

Voters,  intimidation  of,  §  59. 

Voting,  illegal,  aiding  or  abetting,  §  47. 

Ward,  requiring  to  work  more  than  eight  hours  a  day,  §  6.j1. 

"Warehouseman,  sale  or  pledge  by,  §§  581,  583. 

Warrant   of  arrest,   maliciously   procuring,  §  170. 

Water,  bathing  in,  §  374. 

Water,  befouling,  §  3741-1.. 

Water,  disobedience  of  rules  of  board  of  health  to  prevent  pollu- 
tion, §  377b. 

Water,  drawing  after  works  closed,  §  6-!5. 

Water,  pollution,  §§  374,  635. 

Water,  stealing,  §§  499,  592 

Water,   subterranean,   wasting.     Appendix,   tit.   "Artesian   Wells." 

Water,  taking  from  or  obstructing  canal  ditch,  etc.,  §  592. 

Water-closet,  maintaining  or  draining  into  stream  or  lake,  §  374. 

Watercourse,  plowing  or  loosening  soil  between  certain  periods 
§  G07. 

Water-pipes,  injuring  or  obstructing,  §  024. 

Water-works,  injuries  to,  §  607. 

Weights  and  measures,  false,  in  selling,  §  555. 

Weights  and  measures,  stamping  false  on  cask,  package,  etc, 
§  554. 

Weights  and  measures,  using  false,  §  553. 

Willful  injuries  to  person,  §  650Y2. 

Willful  injuries  to  property,  §  650%. 

Witness,  deceiving,  §  133. 

Witness,  preventing  or  dissuading  appearance  of,  §  136. 

Witness,  refusal  to  answer  or  be  sworn,  §  166. 

Works  of  art,  injuring,  §  622.  ' 

Wrecked  property,  defacing  marks  upon.  §  355. 

Wrecked  property,  detaining  after  salvage  paid,  §  544. 

Wrecked  property,  unlawful  taking  or  possession,  §  545. 

vVrecks,  destroying  or  suppressing  document  showing  ownership 
§  355. 

MISPRISION. 

Of  treason,  punishment  of,  §  38. 
Of  treason,  what  is,  §  38. 

MISREPRESENTATIONS.     See  Fraud. 

MISTAKE. 

Tnimaterial,  what  is  in   proceedings,  §  1404. 

Immaterial,  unless  prejudicial.  §  1404. 

Of  fact  as  affecting  liability  for  crime,  §  26. 


INDEX.  1055 

MISTRESS. 

Homicide,  in  defense  of,  justifiable,  §  197. 

MOB.     See  Riot. 

MOCK  AUCTION. 

Holding,  a  misdemeanor,  §  535. 

MOCKING-BIRDS.     See  Game  Laws. 

Capture  or  destruction  of,  a  misdemeanor.     Appendix,  tit.  "Game 

Laws." 
Nests,  injury  to  a  misdemeanor.     Appendix,  tit.  "Game  Laws." 

MODEL. 

Injury  in  libraries,  museums,  etc.,  a  misdemeanor,  §  623. 

MOKELUMNE  RIVER. 

Fine  for  violation  or  statute  regulating  tishing  in,  disposition  of, 

§  636b. 
Fishing  by  weir,  dam,  net,  trap  or  seine  in,  punishment  of,  §  636b. 
Fishing  in.     See  Game  Laws. 

MOLES.     See  Game  Laws. 

Are  predatory  animals,  §  637V>. 

MOLLUSKS.     See  Game  Laws. 

MONDAY. 

Prisoners  to  be  discharged  on,  §  28. 

MONEY. 

Attorney  wrongfully  accepting,  guilty  of  misdemeanor,  §  160. 

Conspiracy  to  obtain  by  false  pretense,  punishment,  §  182. 

Embezzlement  of.     See  Embezzlement. 

Issuing  or  circulating  paper  as,  punishment  of,  §  6IS. 

Issuing  paper   as,   punishment   where   former   conviction   charged, 

§  648. 
Obtaining  to  influence  legislator,  a  felony,  §  89. 
Obtaining  under  false  pretenses,  punishment   of,  §  532. 
Paid  for  trial  of  escaped  convicts,  payment  of,  §  111. 
Personal  property  includes,  §  7. 
Public.     See  Offices  and  Officers. 
Receipts  for  money  taken  from  defendant.  §  1412. 
Receiving  under  false  personation,  punishment  of,  §  530. 
Unlawful  use  of,  at  elections,  a  misdemeanor,  §  54. 

MONTEREY  COUNTY. 

Act  to  protect  stock-raisers  in,  contained  in  force,  §  23. 

MONTH. 

Defined,  §  7. 

MONUMENT.     See  Cemetery,  §  296. 

Injury  to  cost  survey,  a  misdemeanor,  §  615. 

MORALS. 

Offenses   against   decency   or  morals,   a   misdemeanor,  §  650  V^. 

MORPHINE.     See  Drugs;   Narcotics. 

MORTGAGE. 

Chattel.     See  Chattel  ^Mortgages. 


1056  INDEX. 

MORTGAGE.      (roiitimitM].) 

Chattel,  removing  or  iiis[io.sii)g  of  property  without  consent,  lar- 
ceny, §  537. 

Fraud  in  transferring  cncumbercil  personalty  a  larceny,  §  538. 

Fraudulent,  by  married  person,  a  felony,  §  .l.'U. 

Infant's,  on  junk,  etc.,  receiving,  how  punislied,  §  501. 

Married  persons  mortgaging  land  under  false  representations, 
§  534. 

Removing  imjirovcments  from  the  propert}',  when  larceny,  §  502M;. 

MOTION. 

Arrest   of  judgment   witliout,  §  1186. 

For  new  trial,  when  made,  §  1182. 

In  arrest  of  judgment,   defined,  §  1185. 

In  arrest  of  judgment   in  justice's    court,  §  1452. 

In  arrest  of  judgment,  upon  what  may  be  foundetl,  §  1185. 

To  set  aside  indictment  or  information,  §§  995-999. 

MOTORCYCLES. 

Collision,  duty  of   driver  in  case  of,  §  367c. 

Collision,  failure  of  driver  to  assist  in  case  of,  punishment,  §  3C7c. 

Driving  while  intoxicated,  punishment  of,  §  367d. 

Intoxicated  driver  injuring  person,  punishment  of,  §  367e. 

Temporarily  taking  without  consent,    a    misdemeanor,  §  499b. 

Temporarily  taking  without  consent,   punishment   of,  §  499b. 

MOTOR-VEHICLES.     Sec  Automobiles". 

MOUNTAIN  SHEEP.     See  Game  Laws. 

MT.  DIABLO. 

Deer  on,  act  to  prevent  destruction  of.  Appendix,  tit.  "Game 
Laws." 

MTJDHEN.     See   Game  Laws. 

MUNICIPAL  CORPORATION. 

Acts   consolidating  cities  and   counties  continued   in   force,  §  23. 
Effect  of  code  on  acts  incorporating,  §  23. 
Injury  to  lots,  streets,  etc.,  a  misdemeanor,  §  602. 
Fires,    provision    for    protection    against    does   not    apply   to    fires 
set  in  cities,  §  384. 

MURDER.     See  Homicide. 

Assault  with  intent  to  murder,  punishment  of,  §  217. 

Proceedings  where  defendant  under  death  sentence  becomes  in- 
sane, §§  1221-1224. 

Proceedings  where  female  under  sentence  of  death  is  pregnant, 
§§1225,1226. 

Unexpected  judgment  of  death,   carrying  into   effect,  §  1227. 

Unexpected  judgment  of  death,  order  carrying  into  effect  not 
appealable,  §  1227. 

MUSEUM. 

Injuring  public,  a  misdemeanor,  §  623. 

MUTILATION. 

Of  public  records,  punishment  of.  §!;  113.  114. 


INDEX.  1057 

N 

NAME. 

Defendant,  how  designated  in  warrant  of  arrest  where  name 
unknown,  §  815. 

Defendant,  of,  to  be  stated  in  warrant  of  arrest,  §  815. 

Indictment  by  erroneous,  inserting  correct,  §  953. 

Indictment  by  erroneous,  proceedings  where  true  name  ascer- 
tained, §  989. 

Indictment  in  wrong,  proceedings  at  arraignment,  §  989. 

Indictment  or  information  in  wrong,  sufficiency  of,  §  959. 

Signature  to  publications  and  penalty  for  not  signing,  §  259. 

Unauthorized  use  of,  in  prospectus,  etc.,  of  corporation,  a  mis- 
demeanor, §  559. 

Use  of  name  of  another  for  lewd  purposes,  a  misdemeanor,  §  GSO^A. 

Use  of  name  of  another  so  as  to  injure  reputation,  a  misde- 
meanor, §  650 1,^. 

Witnesses,  of,  inserting  in  indictment,  §  943. 

NAPA. 

Sale  of  liquor  within  mile  of  insane  asylum  at  Napa,  a  misde- 
meanor, §  172. 

NAPA  RIVEK. 

Act  to  prevent  destruction  of  fish  in  Napa  Eivor  continued  in 
force, §  23. 

NARCOTIC. 

Administering,  with  intent  to  commit  felony,  a  felony,  §  222. 

Drugs.     See  Drugs. 

Opium  resort,  keeping,  a  misdemeanor,  §  307. 

Opium  resort,   visiting,   a   misdemeanor,  §  307. 

Opium,  sale  of,  a  misdemeanor,  §  307. 

NATIONAL  GUARD.     See  Militia. 

Discrimination    against    member   of,   a    misdemeanor,  §  421. 

Member,  disrespectful  language  or  insubordination  by,  a  mis- 
demeanor, §  653. 

Member  failing  to  appear  at  parade,  a  misdemeanor,  §  653. 

Member  failing  to  obey  orders,  punishment  of,  §  652. 

Member  refusing  to  perform  military  duty,  punishment  of,  §  652. 

Officer  failing  to  attend  parade  or  encampment,  punishment  of, 
§652. 

Unlawful  conversion,  use  or  sale  of  military  property,  a  mis- 
demeanor, §  442. 

Wearing  of  uniforms,  when  a  misdemeanor,  §  4421/1'. 

NATURE,  CRIME  AGAINST.     See  Crime  Against  Nature. 
NAVIGABLE   WATERS.     See   Water. 

NAVIGATION. 

Obstructing,    a    misdemeanor,  §  613. 

Protection  of  buoys  and  beacons,  §§  609,  614.  Appendix,  tit. 
"Buoys  and  Beacons." 

NAVY.     See   Soldiers  and   Sailors. 

United  States,  wearing  uniform  of,  when  a  misdemeanor,  §  4421A. 
Pen.  Code— 67 


1058  INDEX. 

NECESSARIES. 

llusbaiul's   failure   to   supply,   a   misdemeanor,  §  270a. 
Parent  omitting  to  provide,  a  misdemeanor,  §  270. 

NEGLIGENCE. 

Criminal,   as   a   crime,  §  20. 

Defined,  §  7. 

Locomotive    engineer    at    railroad    crossing,    of,    a    misdemeanor, 

§  390. 
Meaning  of  neglect,  negligence,  negligent,  negligently,  §  7. 
Mischievous  animal,   permitting  to  run   at  large,  when   a  felony, 

?  399. 
Neglect,  meaning  of,  §  7. 
Omission  to  perform  duty,  where   act  performed  b}'  another,  not 

punishable,  §  GC2. 
Person  in  charge  of  railroad  train,  punishment  of,  §  3G9. 
Person  in   charge  of  steam-boiler,  of,  punishment  of,  §  3C8. 
Person  labeling  drugs,  etc.,  a   felony,  §  380. 
Eailroad  employees  causing  death  from  collision,  punishment  of, 

§  369. 
Steam-boilers,  in  management  of,  punishment  of,  §§  349,  368. 

NEGOTIABLE  INSTRUMENT. 

Forgery    of,  §  470. 

Issuing     paper     money,     punishment     where     former     conviction 

charged,  §  648. 
Making   or   uttering   fictitious,   punishment   of,  §  476. 
Making  to  circulate  as  money,  a  felony,  §  648. 
Possessing  or  receiving  forged,   punishment   of,  §  475. 

NET.     See   Game   Laws. 

NEUTER. 

Masculine  includes,  §  7. 

NEVADA   COUNTY. 

Protection  of  game  in.     Appendix,  tit.  "Game  Laws." 

NEWSPAPER. 

Articles,  failure    to    sign,   procedure   where    defendant   cannot   be 

found,  §  259. 
Articles,  penalty  where  not  signed,  §  258. 

Articles,  signing  of,  what  sufficient  in  particular  eases,  §  259. 
Articles  to  be  signed,  §  258. 

Caricature  or  cartoon,  publishing  of.     See  Caricature;  Cartoon. 
Circulation,  misrepresenting,  a  misdemeanor,  §  538a. 
Libel.     See  Libel. 
Publisher  not  liable  for  false  statements  in  advertisements  of  real 

estate, §  654b. 

NEW  TRIAL.     See  Appeal. 

Absence  of  defendant,  for,  §  1181. 

All  evidence  to  be  produced  anew,  on,  §  1180. 

Appeal  from  order  respecting,  §§  1237,  1238. 

Appeal  from  superior  court,  on,  where  had,  §  1469. 

Appeal,  ordering  on,  §  1260. 

Application  to  be  made  before  judgment,  §  1182. 

Bill  of  exceptions.     See  Exceptions, 

Defined,  §  1179. 

Effect  of  granting,  §  1180. 


INDEX.  •  1059 

NEW  TRIAL.      (Continued.) 

Errors  of  law  occurring  at  trial,  for,  §  1181. 

Former  verdict  cannot  be  used  on,  or  pleaded  in  bar  or  referred 
to,  §  1180. 

Granted  in  what  cases,  §  1181. 

Grounds  for,  enumerated,  §  1181. 

Instructions,  errors  in,  for,  §  1181. 

Judgment,  failure  to  pronounce  within  time  fixed,  new  trial  to  be 
granted,  §  1202. 

Jury,  misconduct  of,  for,  §  1181. 

Jury  receiving  evidence  out  of  court,  for,  §  1181. 

Jury,  separation  of,  for,  §  1181. 

Justice's  or  police  court,  denial  of  motion,  judgment  to  be  pro- 
nounced and  entered,  §  14.53. 

Justice's  or  police  court,  in,  grounds  for,  §  1451. 

Justice's  or  police  court,  motion  for,  defendant  may  make,  §  1450. 

Justice's  or  police  court,  time  to  move  for  in,  §  1450. 

New  evidence,  on  ground  of,  §  1181. 

New  evidence,  proceedings  where  motion  made  on  ground  of, 
§  1181. 

Order  granting  or  denving,  to  be  entered  immediatelj'  in  minutes, 
§  1182. 

Refusal  or  neglect  to  hear  motion  within  time  fixed  for  pronoun- 
cing judgment,  rights  on,  §  1202. 

Reversal  of  judgment  against  defendant  without  ordering,  pro- 
ceedings on, §  1261. 

Special  verdict  defective,  granted  in  case  of,  §  1156. 

Time  for  application  for,  §  1182. 

Verdict  bv  lot,  or  by  means  other  than  a  fair  expression  of  opinion, 

§  iisi. 

Verdict  contrary  to  law  or  evidence,  §  1181. 
When  to  be  had,  §  1261. 

NICKEL-IN-THE-SLOT  MACHINES. 

Gambling  by  means  of,  prohibited,  §  330a. 

NIGHT-TIME. 

Defined,  §§  450,  463. 

Hunting  in  the,  a  misdemeanor,  §  626m. 

Meaning  of,  §  7. 

NITROGLYCERINE.     See  Explosive. 

NOLLE  PROSEQUI. 

Abolished,  §  1386. 

Dismissal.     See  Dismissal  of  Action. 

NOTE.     See  Negotiable  Instrument. 

NOT  GUILTY.     See  Plea. 

Issue  of  fact  arises  on  plea  of,  §  1041. 

Plea  of, §§  1017-1024. 

Plea  of  entered  if  corporation  does  not  appear,  §§  1396,  1427. 

NOTICE. 

Application    for    conditional   examination   of   witness,    notice    of, 

§  1338. 
Bail,  notice  of  application  for  to  district  attorney,  §  1274. 
Bail,  service  of  notice  of  application  to  reduce,  §  1289. 
Judicial,  of  private  statute,  §  963. 


lOGO  •  .  JNDEX. 

NOTICE.     (Coiitiiiiiod.) 

^Malicious  injury  to,  punislimont  of,  §  GIG. 
Niiisanec,  public,  to  abate.  §  .S7;5a. 
Of  appeal,  how  served,  §  1240. 
Of  appeal,  by  publication,  §  1241. 
Of  application  for  bail,  §  1274. 
Pardon,  of  application  for,  §§  1421-1423. 

Placing  on  property  without  consent,  a  misdemeanor,  §  602. 
Posting  on  state  property,  a  misdemeanor,  §  602. 
Posting  without  license  from  owner,  a  misdemeanor,  §  602. 
Tearing   down,   destroying   or   obliterating   notice   set   up   by   au- 
thority of  law,  a  misdemeanor,  §  616. 
Tearing  down  notice  prohibiting  shooting,  a  misdemeanor,  §  602. 

NUISANCE. 

Attempting  to  destroy  carcass  by  fire  a  misdemeanor,  when,  §  374. 

Carcass,  putting  in  street,  stream,  etc.,  a  misdemeanor,  §  374. 

Committing  public,  where  no  punishment  prescribed,  a  misde- 
meanor, §  372. 

District  attorney  to  prosecute  persons  permitting  or  maintaining. 
§373a. 

Health,  offenses  against.     See  Public  Health. 

Highways,  placing  carcasses  or  offal  in,  a  misdemeanor,  §  374. 

Hospital  for  contagious  diseases,  keeping,  a  misdemeanor,  §  373. 

Maintaining  public,  where  no  punishment  prescribed,  a  misde- 
meanor, §  372. 

Misdemeanor,  separate  offense  for  each  day  permitted  to  remain 
after  notice,  §  373a. 

Misdemeanor  to  maintain  or  permit  public  nuisance  after  notice, 
§  373a. 

Nets,  seines,  etc.,  when  are  a,  §  636a. 

Offal,  putting  in  street,  river,  etc.,  a  misdemeanor,  §  374. 

Omitting  to  remove,  a  misdemeanor,  §  372. 

Pest-houses,  keeping,  a  misdemeai\or,  §  373. 

Pollution  of  stream  by  carcasses  or  offal,  a  misdemeanor,  §  374. 

Public,  defined,  §  370. 

Separate  offense  for  each  day  permitted  to  remain  after  notice. 
§  373a. 

TJnequal  damage  by,  effect  on,  §  371. 

Waters,  pollution  of  by  drainage,  §  374. 

NUMBER. 

Singular  or  plural  of  words  in  code,  §  7. 

NURSE. 

Substituting  child  for  another,  punishment  of,  §  157. 


OATH. 

Clerk  of  state  prison,  §  1580. 

De  facto  officer  not  taking,  effect  of,  §  66. 

Defined,  §  119. 

Grand  jurors,  of,  §  904. 

Grand  jury,  foreman  may   administer  to  witness  before,  §  918. 

Grand  jury,  foreman,  of,  §  903. 

Impeachment,  in,  of  senators,  §  745. 

Includes  affirmation  or  declaration,  §§  7,  119. 


INDEX.  1061 

OATH.      (Coutimiecl.) 

Inventory  made  of  projierty  taken  under  search-warrant,  to,  form 

of,  §  1537. 
Irregularity   in    taking   or   administering   no   defense    to   perjurv, 

§121." 
Jurors,  of,  at  coroner's  inquest,  §  1511. 
Jurors,  of,  in  justice's  court,  §  1437. 
Jurors,  of,  in  police  court,  §  1437. 

Jury,  of  officer  having  custody  of,  §§  1121,  1128,  1440. 
Justice's  court,  of  officer  having  custody  of  jury,  §  1440. 
Office,  of,  as  perjury,  §  120. 

Officer  acting  without  having  taken,  a  misdemeanor,  §  Go. 
Perjury.     See  Perjury. 
Testify  includes  statement  under,  §  7. 
Warden  of  state  prison,  of,  §  1577. 
What  includes,  §  119. 

OBSCENE. 

Advertisements  or  notice,  writing,  keeping  or  selling,  a  misde- 
meanor §  311. 

Books,  etc.,  character  of,  to  be  determined  summarily,  §  313. 

Books,  etc.,  destruction  of,  §§  313,  314. 

Books,  etc.,  magistrate  to  deliver  copy  to  district  attorney,  §  313. 

Books,  etc.,  seizure  of,  §  312. 

Books,  papers,  etc.,  writing,  keeping  or  selling,  a  misdemeanor, 
§311. 

Books,  photographs,  etc.,  indictment  or  information  for  selling, 
exhibiting,  etc.,  §  968. 

Exhibition,  obscene,  procuring  one  to  make,  a  misdemeanor,  §  311. 

Language,  using,  a  misdemeanor,  §  415. 

Pictures,  keeping  or  selling,  etc.,  a  misdemeanor,  §  311. 

Songs,  obscene,  singing,  a  misdemeanor,  §  311. 

OCEAN.     See  Pacific  Ocean. 

OFFENSE.     See  Crime;  Misdemeanor. 

For  which  no  penalty  prescribed,  punishment  of,  §§  176,  177. 
Jurisdiction  over.     See  Jurisdiction. 

No  act  or  omission  is  a  crime  except  as  provided  in  code,  §  6. 
Public,  defined,  §  15. 

OFFICES  AND  OFFICEES. 

Accounts,  falsification  of,  punishment  of,  §  424. 

Accusation  against  officers,  in  what  court  found  or  filed,  §  890. 

Accusation  against  officers.     See  Accusation. 

Accusation  against,  summarj'  proceedings,  §  772. 

Accusation   or   information,   proceedings    against   officers    may  be 

prosecuted  by,  §  889. 
Accusation,  private  person,  by,  proceedings  on.     See  Accusation. 
Accusation,  private  person,  by,  time  of  hearing,  §  772. 
Accusation  to  be  filed,  §  760.     See  post,   this  subject,  under  "Ee- 

moval." 
Administrative,  code  sections  applicable  to,  §  77. 
Aiding  officers  is  justifiable,  §  698. 
Appointment  or  election,  exercising  functions  of  office  without,  a 

misdemeanor,  §  75. 
Appointment,  taking  reward  for  making,  punishment  of,  §  74. 
Appointment  to  office,  buying,  a  misdemeanor,  §  73. 
Appropriation  of  money  by,  punishment  of,  §  424. 


1062  INDEX. 

OFFICES  AND  OFFICERS.      (Coul  iimoil.) 

Arn^st  vvitlioiit  l.'iwi'iil  aut.liority  fi  niisdciiicanor,  §  14G. 

Arrested  person,  delaying  to  take  before  magistrate,  a  misde- 
meanor, §  145. 

Asking  or  reeeiviiig  reward,  etc.,  by  ofHcer,  a  misdemeanor,  §  70. 

Assault  by,  under  eolor  of  ofRet;,  puuisiinieut  of,  §  149. 

Attorney-general,  refusing  to  allow  inspection  of  books,  papers, 
etc.,  a  misdemeanor,  §  440. 

Bills,   presenting  fraudulent   to   officer,   a  felony,  §  72. 

Bond,  acting  without  having  given,  a  misdemeanor,  §  65. 

Bond,  de  facto  officer  not  giving,  effect  of,  §  66. 

Books,  papers,  etc.,  refusing  to  allow  controller  or  attorney-general 
•    to  inspect,  a  misdemeanor,  §  440. 

Books,  records,  etc.,  falsifying,  punishment  of,  §  113. 

Books,  records,  etc.,  mutilating  or  taking  away,  punishment  of, 
§§76,113. 

Books,  records,  etc.,  refusal  to  surrender  to  successor,  punishment 
of,  §  76. 

Books,  records,  etc.,  stealing,  punishment  of,  §  113. 

Bribery  of  executive  officer,  punishment  of,  §  67. 

Bribery  of  judicial  officer,  punishment  of,  §§92,93. 

Bribery  of  members  of  nominating  body,  punishment  of,  §  57. 

Bribes,  executive  officer  asking  or  receiving,  punishment  of,  §  68. 

Buying  appointment  to  office,  a  misdemeanor,  §  73. 

Candidate,  circulating  or  printing  circulars  injurious  to,  punish- 
ment of,  §§  62a,  62b. 

Certificate,  false  issuance  of,  a  misdemeanor,  §  167. 

Claims,  presenting  fraudulent,  to,  a  felony,  §  72. 

Communicating  unlawful  offer  to  voter  in  behalf  of  candidate,  a 
misdemeanor,  §  56. 

Contracts,  officer  illegally  interested  in,  punishment  of,  §  71. 

Controller,  refusing  to  allow  inspection  of  books,  papers,  etc.,  a 
misdemeanor,  §  440. 

Crime,  prevention  of  by  officers,  how  effected,  §  697. 

De  facto,  effect  of  not  taking  oath,  or  giving  bond,  §  66. 

Deputy.     See  Deputy. 

Disclosure  of  fact  that  indictment  found,  a  misdemeanor,  §  168. 

Disqualification  because  interested  in  contract,  §  71. 

Disqualification  for  bringing  contraband  goods  into  prison,  §  180a. 

Disqualification  for  embezzlement,  §  514. 

Disqualification  for  taking  what  rewards,  §  74. 

Disqualified,  officer  guilty  of  forging  is,  when,  §  88. 

Disqualified  to  hold  office  by  crime,  §  98. 

Documents,  forging,  stealing,  mutilating,  etc.,  officer  guilty  of, 
punishment  of,  §  113. 

Dueling,  acting  as  second  or  assisting  disqualifies,  §  228. 

Dueling  disqualifies,  §  228. 

Duel,  punishment  for  not  preventing,  §  230. 

Election  or  appointment,  exercising  functions  of  office  without,  a 
misdemeanor,  §  75. 

Election.     See  Elections. 

Embezzlement,  deputy,  clerk,  servant  or  agent  of  officer,  when 
guilty  of,  §  804. 

Embezzlement,  officer  when  guilty  of,  §§  424,  504. 

Emolument  or  gratuity,  receiving,  a  misdemeanor,  §  70. 

Escape,  suffering  convicts  to,  punishment  of,  §  108. 

Exercising  functions  wrongfully,  a  misdemeanor,  §  75. 

Extortion  by  judicial  officer,  punishment  of,  §  94. 


INDEX.  1063 

OFFICES  AND  OFFICERS.      (Continued.) 

Extortion  by,  punishment  of,  §§  70,  521. 

False  certificates  by,  issuing,  a  misdemeanor,  §  167. 

False  personation  of  officer,  punishment  of,  §§  529,  530. 

Falsifying  jury  lists,  a  felony,  §  117. 

Fees  or  salary  of  deputy,  retaining,  a  felony,  §  lia.. 

Fine  or  forfeiture,  failure  to  pay  over,  a  misdemeanor,  §  427. 

Forfeiture  of  office  by  bribery,  §  98. 

Forfeiture  of  office  for  criminal  acts,  remedy  preserved  though 
not  specified,  §  10. 

Forfeiture  of  office  for  receiving  bribe,  §  68. 

Forfeiture  of  office  for   taking  what   rewards,  §  74. 

Forfeiture  of  office  on  conviction  of  crime,  §  673. 

Forfeiture  of  office.     See  Forfeiture  of  Office. 

Gambling,  officers,  duties  and  liabilities  as  regards.  See  Gam- 
bling. 

Grand  jury  may  present  accusation  against  officer,  §  758. 

Grand  jury  to  inquire  into  books,  etc.,  of  officers,  §§  928,  929. 

Grand  jury  to  incpiire  into  conduct  of  officers,  §  923. 

Grand  jury,  powers  and  duties  as  to  public  officers,  §  928. 

Habeas  corpus,  recommitment  of  person  discharged  on,  a  misde- 
meanor, §  363. 

Habeas  corpus,  refusal  by  officer  to  obe,y,  a  misdemeanor,  §  362. 

Holding  over  wrongfully,  a  misdemeanor,  §  75. 

Impeachment,  effect  of  code  on  proceedings,  §  10. 

Impeachment.     See  Impeachment. 

Indictment  against  officer,  in  what  court  found  or  filed,  §  890. 

Indictment  or  information,  disclosing  fact  of  finding  of,  a  mis- 
demeanor, §  168. 

Information  against  officer,  in  what  court  found  or  filed,  §  890. 

Inhumanity  to  prisoners,  punishment  of  officer  guilty  of,  §  147. 

Intervene,  in  what  cases  officer  may,  §  697. 

Intoxication  of  officers,  punishment  of.     Appendix,  tit.  "Officers." 

Intruding  into  office  when  not  elected,  a  misdemeanor,  §  75. 

Joint  authority,  majority  may  exercise,  §  7. 

Judicial,  receiving  part  of  reporter's  fees,  punishment  of,  §  94. 

Jury-list,  officer  falsifying  or  certifying  to  false,  a  felony,  §  117. 

Loaning  or  making  profit  out  of  money,  punishment  of,  §  424. 

Majority  of  officers  may  act,  §  7. 

Ministerial,  code  sections  applicable  to,  §  77. 

Neglect  of  official  duty,  removal  from  office  as  additional  penalty, 
§661. 

Oath,  acting  without  having  taken,  a  misdemeanor,  §  65. 

Oath,  effect  of  de  facto  officer  not  taking,  §  66. 

Oath  of  office,  as  perjury,  §  120. 

Obstructing,  in  collecting  revenue,  a  misdemeanor,  §  428. 

Omission  of  duty,  where  no  special  provision  for  punishment 
thereof,  §  176. 

Omission  to  perform  duty  where  act  done  by  another,  §  662. 

Peace-officers,  are  who,  §  817. 

Peace-officers,  defined,  §  7. 

Persons  aiding  officers,  are  justified,  §  698. 

Presenting  fraudulent  bill  or  claim  to  officer,  a  felony,  §  72. 

Prevention  of  crime  by  officers,  how  accomplished,  §  697. 

Prevention  of  crime,  persons  aiding  officers,  when  justified,  §  698. 

Public  moneys  defined,  §  426. 

Public,  money,  loaning  or  using,  punishment  of,  §  424. 


1064  INDEX. 

OFFICES  AND  OFFICERS.      (Cnnlimicl.) 

Public  money,  olTicor  iicHlcctiii;;  ,,i-  failing  to  \>ny  over,  gniltv  of 
felony,  §  425. 

Public  money  or  prnpoitN',  witliiinldinir  from  successor,  punishment 
of,  §  76. 

Public  money,  refusal  to  p;iv  over  on  (icniand,  punlslimcnt  of, 
§424. 

Public  monej',  refusal  to  transfer,  ]iunisliment  of,  §  424. 

"Public  money,"  what  includes,  §  42G. 

Recall.     See  Recall. 

ReceivinjT  portion  of  wages  of  laborer  on  public  works,  a  felony, 
§  6f)3d. 

Records,  forging,  stealing,  mutilating,  etc.,  punishment  of,  §  113. 

Records  or  documents,  destroying  or  taking  away,  punishment  of, 
§  76. 

Records  or  documents,  withholding  after  right  to  office  termin- 
ated, punishment  of,  §  76. 

Refusal  or  omission  to  transfer  moneys,  punishment  of,  §  424. 

Removal,  accusation,  defendant  must  appear  and  answer,  §  761. 

Removal,  accusation,  form  of,  §  759. 

Removal,  accusation  may  be  presented  by  grand  jury,  §  758. 

Removal,  accusation,  private  person,  citation  to  officer,  §  772. 

Removal,  accusation,  private  person,  judgment  on  conviction,  §  772. 

Removal,  accusation,  private  person  may  file,  §  772. 

Removal,  accusation.     See  Accusation. 

Removal,  answer  of  defendant  to  accusation,  §  765. 

Removal,  appeal,  defendant  suspended  pending,  §  770. 

Removal,  appeal,  effect  of  as  a  stay,  §  770. 

Removal,  appeal  from  judgment,  certificate  of  probable  cause, 
stays  suspension, §  770. 

Removal,  appeal  from  judgment,  filling  office  where  no  certificate 
filed, §  770. 

Removal,  appeal  from  judgment  of,  priority  of  hearing,  §  770'. 

Removal,  appeal  from  judgment  of,  right  of,  §  770. 

Removal,  appeal  from  judgment,  proceedings  where  bill  of  excep- 
tions not  settled  in  time  for  certificate  of  probable  cause, 
§770. 

Removal,  appeal,  office  to  be  filled  pending,  §  770. 

Removal,  appeal,  taken  how,  §  770. 

Removal  by  impeachment,  §§  739-753.     See  Impeachment. 

Removal,  defendant   may  object  or  deny  accusation,  §  762. 

Removal,  denial  of  accusation  to  be  entered  on  minutes,  §  764. 

Removal,  effect  of  code  on  proceedings,  §  75. 

Removal  for  neglect  of  duty,  §  661. 

Removal,  form  of  objection  to  accusation,  §  763. 

Removal  from  office  as  additional  penalty  for  neglect  of  duty, 
§661. 

Removal,  indictment  of,  in  what  court  found,  §  890. 

Removal,  information  or  indictment,  §§  889,  890. 

Removal,  information  against,  in  what  court  found,  §  890. 

Removal,  judgment  of  on  conviction,  §  769. 

Removal,  judgment  to  be  entered  and  causes  assigned,  §  769. 

Removal,  manner  of  denial  of  accusation,  §  764. 

Removal  of  district  attorney,  proceedings  for,  §  771. 

Removal  otherwise  than  by  impeachment,  §§  758-772. 

Removal,  proceedings  for  need  not  be  i)rosecuted  by  indictment  or 
information,  §  682. 


INDEX.  1065 

OFFICES  AND  OFFICERS.      (Continued.) 

Eenioval,   procecilings   may   be   coinnieuced    by   accusation    or   in- 
formation, §  889. 
Removal,  proceedings  on  denial  of  matters  charged,  §  766. 
Eemoval,  proceedings  on  plea  of  guilty,  §  766. 
*      Eemoval,  proceedings  on  refusal    to    answer   or   deny   accusation, 

§766. 
Removal,  proceedings  when  defendant  does  not  appear,  §  761. 
Eenioval,  service  of  accusation,  §  760. 
Removal,  time  to  appear  and  answer  accusation,  §  760. 
Eemoval,  transmitting  accusation  to  district  attornej-,  §  760. 
Eemoval,  trial,  how  conducted,  §  767. 
Eemoval,  trial  to  be  by  jury,  §  767. 
Removal;  witnesses,  attendance  of,  §  768. 
Removal,  witnesses,  state  and  defendant  entitled  to  process  for, 

§  768. 
Reporter,  rvcelving  part  of  salary  by  judicial  officer,  punishment 

of,  §9^. 
Rescuing  prisoner  from  officer,  punishment  of,  §  101. 
Resisting  executive  officer,  punishment  of,  §  69. 
Resisting  officer,  punishment  of,  §§  68,  148. 
Retaking,  injuring  or  destroj'iug  goods  in  custody  of,  §  102. 
Reward  for  appointment,  punishment  for  taking,  §  74. 
Eioters,  officers  to  command  to  disperse,  §  726. 
Riot,  neglecting  or  refusing  to  disperse,  a  misdemeanor,  §  410. 
Salary  of  clerk  or  deputy,  retaining  part  of,  a  felony,  §  74a. 
Salary  of  stenographer  or  reporter,  receiving  part  of,  by  judicial 

officer,  punishment  of,  §  94. 
Salary  or  wages,  taking  part  of,  a  i'elony,  §§  74a,  653d. 
Scrip,  dealing  in  by  officer,  punishment  of,  §  71. 
Seal,  how  made,  §  7. 
Seal,  meaning  of,  §  7. 

Seizing  property  without  authority,  a  misdemeanor,  §  146. 
Stenographer,    receiving    part    of    salary    of,    by    judicial    officer, 

punishment  of,  §  94. 
Successor,  refusal  to  surrender  books,  etc.,  to,  punishment  of,  §  76. 
Summary  proceedings  for  removal  of,  §  772. 
Summary  proceedings,  judgment  in,  §  772. 

Superintendent  of  printing  not  to  be  interested  in  contract,  §  99. 
Suspension  of,  in  case  of  impeachment,  effect  of,  §  750. 
Taking  rew^ard  for  appointment,  punishment  of,  §  74. 
Taxes,  obstructing  collection  of,  a  misdemeanor,  §  42S. 
Vouchers,  bills,   claims,   etc.,   presenting  fraudulent,   to   officer   or 

board,  a  felony,  §  72. 
Willful  omission  of  duty,  where  no  punishment  provided  therefor, 

punishment  of,  §  176. 

OILS. 

Act  to  prevent  adulteration  of.     Appendix,  tit.  "Adulteration." 

OLIVE-OIL. 

Sale  of,  act  regulating.     Appendix,  tit.  "Olive-oil.' 

ONCE  IN  JEOPARDY.     See  Former  .Jeopardy. 

OPENING  AND  CLOSING. 

Eight  of,  §  1093. 

OPERA.     See  Copyriglit 


10G6  iMU'.\. 

OPINION. 

C'lu'iiiist's,  of  cause  of  death,  §  l.'il'j. 
(iraiul  juror,  of,  as  disqualifyinj^,  §  Si^'i 
Jurors,  as  a  ground  of  cliallfiiyi',  §  lOTli. 

OPIUM.     Soo  Drugs;  Narcotic. 

Keeping  resort,  a  misdemeanor,  §  307. 
Sale  of,  a  misdemeanor,  §  .307. 
AMsiting  resort,  a  misdemeanor,  §  307. 

ORDER. 

Appeal  from,  right  of,  §§  12.37,  1238. 
Commitment.     See  Commitment. 
Contempt,  resisting  of  order,  §  166. 
Contents  of,  §  1301. 

For  bail  to  be  indorsed  on  bench-warrant,  §  982. 
For  change  of  venue,  §  1035. 

For  conditional  examination,  application,  how  made,  §  1337. 
For  conditional   examination,  application,    to    whom    made,  §  133S. 
For  conditional  examination,  must  direct  what,  §  1340. 
For  conditional  examination,  to  contain  what,  §  1339. 
For  conditional  examination,  when  may  be  applied  for,  §  1336. 
For  recommitment  of  defendant  after  having  given  bail,  when  or- 
dered, §  1310. 
For  resubmission  to  grand  jury,  §  998. 
Holding  defendant  to  answer,  form  of,  §§  872,  873. 
Of  court,  disobedience  of,  a  misdemeanor,  §  166. 
Setting  aside  indictment  no  bar  to  another  prosecution,  §  999. 

ORDERS. 

Secret,  wearing  badge  of,  a  misdemeanor,  §  543^/o. 

ORDINANCES. 

Fines  and  forfeitures  for  violation  paid  to  city  treasury,  §§  1457, 

1570. 
Fines  for  violation  of,  disposition  of,  §§  1457,  1570. 
Officers  voting  for  ordinance  permitting  gambling,  punishment  of, 

§  337. 

ORNAMENTAL  PLANT. 

Injuring,  a  misdemeanor,  §  622. 

ORPHAN  ASYLUM. 

Custody  of  child  may  be  committed  to  when,  §  273d. 
Eepresenting  child  to  be  orphan  to  manager  of,  a  misdemeanor, 
§271a. 

OTTER.     See  Game  Laws. 

OVERCHARGE. 

By  railroad  officer,  a  misdemeanor,  §  525. 

OVERT  ACT. 

Evidence  of,  on  trial  for  conspiracy,  §  1104. 
Evidence  of,  on  trial  for  treason,  §  1103. 
Necessary  to  constitute  conspiracy,  §  184. 
Of  treason  out  of  state,  jurisdiction,  §  788. 

OWL. 

(Jreat  homed,  is  a  predatory  bird,  §  637M! 


iNukx.  1067 

OWNERSHIP. 

Attempt  to  assume  ownership  of  person,  punishment  of,  §  181. 

OYSTERS. 

Act  concerning  continued  in  force,  §  23. 

Act  concerning  oyster-beds  continued  in  force,  §  23. 

Injuring,  etc.,  a  misdemeanor,  §  602. 

Trespass  upon  property  where  planted,  a  misdemeanor,  §  602. 


PACIFIC  OCEAN. 

Garbage,  refuse,  etc.,  dumping  in,  regulation  of,  §  374a. 
Garbage,  refuse,  etc.,  dumping  in,    violation    of    law    regulating, 
punishment  of,  §  37-la. 

PAINTS. 

Act  to  prevent  adulteration  of.     Appendix,  tit.  "Adulteration." 

PANEL.     See  Grand  Jury;  -Jury. 

PAPER. 

Mutilation  of  by  public  officer,  punishment  of,  §  76. 
Official,  refusal  of  officers  to  surrender,  punishment  of,  §  76. 
Preparing  false,  for  use  upon  trial,  a  felony,  §  134. 
Stealing  or  injuring  public,  punishment  of,  §§  113,  114. 

PAPER  MONEY. 

Issuing  and  circulating,  a  felony,  §  648. 
Punishment,  where  former  conviction  charged,  §  648. 

PARADE. 

Consent  of  governor,  necessity  of,  to  parade  with  arms,  §  734. 
Failure  to  attend,  punishment  of,  §§  652,  653. 
Eight  to  parade  with  arms,  §  734. 

PARDON. 

Commutation.     See  Commutation. 

Directors   to  report  to   governor   names   of  prisoners   entitled  to, 

§  1596. 
Governor  cannot  grant  in  what  cases,  §§  1417,  1418. 
Governor  may  grant  in  what  cases,  §  1417. 
Governor  may  require  statement  or  report  of  case  from  judge  or 

district  attorney,  on  application  for,  §  1420. 
Governor  to  communicate  facts  concerning,  to  legislature,  §  1449. 
Impeachment,  cannot  be  granted  for,  §  1417. 
Notice  of  application  for,  not  necessary  w^hen,  §  1423. 
Notice  of  application  for,  publication  of,  §  1422. 
Notice  to  district  attorney  of  application  for,  and  proof  of,  §  1421. 
Parole    of    prisoners,    acts    relating    to.     Appendix,     tit.    "State 

Prisons." 
Eeport  by  directors  of  prisoners  entitled  to  pardon,  §  1595. 
Report  of  case,  how  and  from  whom  required,  §  1420. 
Reprieve.     See  Reprieve. 
Treason,  power  of  governor,  §§  1417,  1418. 
Treason,  power  of  legislature  as  to,  §  1418. 
AVhere  prisoner  twice  convicted  of  felony,  §  1418. 

PARENT  AND  CHILD.     See  Infant. 

Abandoning  child,  punishment  of,  §§  271,  271a. 


1068  INDEX. 

PARENT  AND  CHILD.     Coiitimu'J.) 

AliaiidoiiiiuMit  or  neglect  of  cliilil,  foiuiiclliiig  purciit    lo  work  and 

]iayiiig  prococds  to  custodian  of  child,  §  'Il'.'jh. 
Abusing  tcaclier  in  presence  of  pupil,  a  niisdenieanor,  §  (J.job. 
Child-stealing,  punishment  of,  §  27S. 

Child,  unlawful  use,  sale,  or  hire  of,  punishment  of,  §  272. 
Cruelty  to  children,  punishment  of,  §  273a. 
Dependent  and  delinquent  children.     See  Juvenile  Court. 
Deserting  child,  punishment  of,  §  271. 

Endangering  life,  limb  or  health  of  child,  a  misdemeanor,  §  273a. 
Enticing  away  child,  jurisdiction,  §  784. 
Exhibiting,  employing  or  hiring  out  child,  ininishmcnt  of,  §§  272, 

273. 
Failure  to  provide  for  child,  punishment  of,  §§  270,  271a. 
Fines  for  offenses  to  children,  disposition  of,  §  273e. 
Fraudulently,    forcibly    or    maliciously    taking    or    enticing    away 

child,  punishment  of,  §  278. 
Homicide  in  correcting  child  when  excusable,  §  19."). 
Homicide  in  defense  of  parent  or  child,  justifiable,  §  197. 
Illigitimate  child,  parent  omitting  to  provide  for,  iiunishment  of, 

§270. 
Immoral  place,  sending  minor  under  eighteen  to,  §  273f. 
Kidnaping  or  abducting  of  child,  jurisdiction  of  offense  of,  §  784. 
Mendicant  purposes,   etc.,   disposing   of   child   for,   punishment   of, 

§§272,273. 
Musician,  consent  to  employment  of  child  as,  §  272. 
Musician,  employment  of  child  as,  §  272. 

Necessaries,  parent  omitting  to  provide,  punishment  of,  §  270. 
Non-support  of  child,  suspending  sentence  on  giving  undertaking, 

§  270b. 
Non-support  of  child,  abandonment  or  neglect  is  prima  facie  will- 
ful, §  270e. 
Non-support  of  child,  evidence  of  parentage,  §  270e. 
Non-support  of  child,  fine  imposed  for  mav  be  paid  to  custodian 

of  child,  §  270d. 
Non-sujiport   of   child,   rule   as   to   privileged   communications   be- 
tween husband  and  wife  does  not  apply,  §  270e. 
Omitting  to  provide  for  child,  punishment   of,  §  270. 
Orphan,   representing   child   to   be   manager   of   orphan   asylum,   a 

misdemeanor,  §  271a. 
Prostitution,  permitting  or  conniving  at  child  being  in  house  of, 

a  misdemeanor,    §  309. 
Prostitution,   sending  child  under   eighteen   to   house   of,  §  273f. 
Saloon    or    gambling    place,    sending    minor    under    eighteen    to, 

§  273f. 
Substituting  one  child  for  another,  punishment  of,  §  1-57. 
Undertaking  for  support  of  child,  breach  of,  and  proceedings  on, 

§  270b. 
Undertaking    for    sujiport    of    child,    giving    of    and    proceedings 

on, §  270b. 
Unlawful  use,   exhibit,   sale,   or   hire   of   children,   punishment   of. 


PARKS. 

Injuring  trees,  plants   or  improvements  in,  a  misdemeanor,  §  622. 

PAROLE 

Act   establishing  l)oavd   of   parole   commissioners.     Appendix,   tit. 
"State  Prisons." 


INDEX.  1069 

PAROLE.      (Contiuued.) 

Assisting   escape   of   prisoner   whose   parole   revoked,   punishment 

of,  §  109. 
Government  of  paroie  prisoners,   act  relating  to.     Appendix,   tit. 

"State  Prisons." 
Inducing  person  to   break,   or  to  leave  guardian,  a  misdemeanor, 

§  171c. 
Parole,  attempt  to  extort  from  a  misdemeanor,  §  650a. 
Parole,  exposure  of  a  misdemeanor,  §  650a. 
Prisoners,  of.     See  Prisoners. 

PARTIES.     See  Defendant. 
Accessories,  who  are,  §  32. 
Appeal,  on.     See  Appeal. 
Criminal  action,  to.     See  Action. 
Joint  indictment  of,  one  or  more  may  be  accjuitted  or  convicted, 

§970. 
Joint  indictment,  separate  trials  in  case  of,  §  1098. 
Joint,   verdict   as   to   some   defendants   and   retrials   as   to   others, 

§  1160. 
Principals  and  accessories,  are,  §  30. 
Principals,  who  are,  §  31. 
Special  proceeding,  to,  how  designated,  §  1562. 

PARTNERSHIP. 

Fraud  of  special  partner,  a  misdemeanor,  §  358. 
Suit    carried   on   bv   attornev's   partner,   attorney   cannot    defend, 
§§162,163. 

PARTRIDGES.     See  Game  Laws. 

PASSENGER.     See  Carriers  of  Passengers. 
Kefusing  to  receive,  a  misdemeanor,  §  365. 

PASSES.     See  Carriers  of  Passengers;  Forgery. 

PAWN-BROKERS. 

Interest,  limit  on  rate  of,  §§  338,  340. 

Interest,  unlaw^ful  rate,  charging,  a  misdemeanor,  §§  338,  340. 

License,  doing  business  without,  a  misdemeanor,  §  338. 

Notice,  sale  without,  a  misdemeanor,  §  341. 

Eefusal  to  allow  officer  to  inspect  articles  pledged,  a  misde- 
meanor, §  343. 

Register,  entries  in,  what  required,  §  339. 

Register,  failure  to  keep,   a   misdemeanor,  §  339. 

Register,  refusal  to  allow  officer  to  inspect,  a  misdemeanor,  §  343. 

Sale  before    time    of    redemption    expired,    a    misdemeanor,  §  341. 

Sale,  refusal  to  pay  proceeds  over,  a  misdemeanor,  §  342. 

Sale,  refusing    to    disclose    particulars    of,    a    misdemeanor,  §  342. 

Sale  without  notice,  a  misdemeanor,  §  341. 

Sales,  failure  to  keep  account   of  a   misdemeanor,  §  339. 

Search-warrant,  refusal  to  allow  officer  with,  to  inspect  register, 
a   misdemeanor,  §  343. 

To  deliver  pledgor  copy  of  entry,  §  339. 

PEACE. 

Arrest  of  person   threatening  a  breach   of  when   ordered,  §  703. 
Breach,  evidence  of, §  713. 
Breach  of.     See  Breach  of  Peace. 

Depositions  of  witnesses  to  be  token,  on  information  of  breach 
of,  §  702. 


1070  INDEX. 

PEACE.      (('uiitiiiiiLHl.) 

DisclKuge  of  ]iarty   where  no  reason   to  fear  offense,  §  70o. 
Disiliarffe  of  person   committed   for  tlireatened  breacli   on   giving 

undertaiiing,  §  708. 
Disorderly  house,  keeping,  a  misdemeanor,  §  310. 
Disturbance   of,   wliat  acts  are,  §41;j. 
Disturbing  public  meetings,  punishment,  §  40.3. 
Distur1)ing,   punishment  of,  §  41.j. 

Disturbing,  refusal  to  disjjerse,  a  misdemeanor,  §  416. 
Evidence  of  breach   of,  §713. 
Evideuce     to    be    reduced    to    writing    and   signed    when    charges 

controverted, §  704. 
Homicide  committed  in  preserving,  is  justifiable,  §  197. 
Information  of  threatened  offense,  laying  before  magistrate,  §  701. 
Informer  and  witnesses,  examination  of  and  depositions  of,  §  702. 
Officer,  defined,  §  7. 

Officer  may  intervene  to  keep  the,  §  697. 
Officers  are  who,  §  817. 
Officers.     See  Police. 
Proceedings  where   charges   of   threats   to   commit   breach   of   the 

peace  controverted,  §  704. 
Public  meeting,  mayor  to  order  out  police  to  preserve,  §  720. 
Riot.     See  Eiot. 

Security  to  keep,   officers  may  prevent   crime  by  requiring,  §  697. 
Security  to  keep,  required  when,  §  706. 
Security  to  Iteep,  when  only  can  be  required,  §  714. 
Security     where  assault,  threats  or  disorderly  conduct  committed 

in  presence  of  court,  §  710. 
Threatened  offenses,  information  of,  §  701. 
Undertaking  to  keep,  amount  of,  §  706. 
Undertaking  to  keep  commitment  for  not  giving,  discharge  where 

subsequently  given,  §  708. 
Undertaking  to  keep,   discharge   of   person   on   giving,  §  707. 
Undertaking  to  keep,  effect  of  giving  or  refusing,  §§  707,  710. 
Undertaking  to  lieep,  evideuce  of  its  breach,  §  713. 
Undertaking  to  keep,  filing,  §  709. 
Undertaking  to  keep,   how   long  binding,   and   extension   of  time, 

§706. 
Undertaking  to  keep,  new,  §  706. 

Undertaking  to  keep,    refusal    to    give,    commitment,  §§  707,  710. 
Undertaking  to  keep,  valid,  how  long,  §  706. 
Undertaking  to  keep,   when   and   how   prosecuted,  §§  712,  713. 
Undertaking  to  keep,  when  broken,  §  711. 

PEACE-OFFICER. 

Arrest,  peace-officer  may  make,  §§  834,  836. 
Arrest.     See  Arrest. 
Defined,  §  7. 

Duels,  to  prevent,  §  230. 
Police-officer.     See  Police. 

Receipts  for  money  or  property  taken  from  defendant,  §  1412. 
Refusing  to  receive  or  arrest  person  charged  with  crime,  punish- 
ment   of,  §  142. 
Stolen  or  embezzled  property,  how  disposed  of,  §§  1407  et  seq. 
Warrants,  directed  to,  and  executed  by,  §§  816,  819. 
Wlio  are,  §  817. 

PEDIGREE. 

Giving  false  pedigree  of  animal,  a  misdemeanor,  §  537a. 


IXDKX.  1071 


PENAL  CODE.     See  Coae. 


PENALTY.     See  Fine. 

Failure  to  sign  libelous  articles,  punishment  for,  §  2.59. 

Jury  may  determine,  in  murder,  §  190. 

None  provided  for  offense,  punishment  in  ease  of,  §§  176,  177. 

PENITENTIARY.     See  Prison. 

PENSIONS. 

Police   relief,   health   and   life   insurance   and   pension   fund.     Ap- 
pendix, tit.  "Police," 

PERCH.     See  Game  Laws. 

PERIODICAL. 

Misrepresenting  circulation  of,  a  misdemeanor,  §  53Sa. 

PERJURY. 

Affidavit,  making  of,  when  deemed  complete,  §  124. 

Affidavits,  subsequent    contradictory,    evidence    of    falsity,  §  llSa. 

Affidavits,  what  statements  in,   are,  §  118a. 

Certificate  complete,  when,  §  124. 

Certificate,  making  of,   when   deemed   complete,  §  124. 

Conviction  procured  by,  punishable  by  death,  §  128. 

Defined,  §  118. 

Deposition,  making  of  when  deemed   complete,  §  124. 

Evidence  necessary  to  convict,  §  1103a. 

Grand   juror   may   be   required   to   disclose   testimony   of   witness, 

on  prosecution  for,  §  926. 
Grand  juror,  of,  §  927. 
How  must  be  proved,  §  1103a. 
Incompetency  of  witness  no  defense,  §  122. 
Indictment  or  information  for,  §  966. 
Indictment  or  information  for  subornation  of,  §  966. 
Materiality  of  testimony,  knowledge  of,  not  necessary,  §  123. 
Oath  defined,  §  119. 
Oath,  failure   of   affiant   to    go   before    officer,    no   defense,   when, 

§121. 
Oath  includes  affirmation,  §  119. 

Oath,  irregularity   in    taking   or   administering,   no   defense,  §  121. 
Oath  of  office  as,  §  120. 
Oath,  what  includes,  §  119. 
Punishment  for,  §§  126-128. 
Punishment  of  subornation  of  perjury,  §  127. 
Return,   statement  or  report,  false  statement  in,  effect   of   where 

oath  not  taken,  §  129. 
Statement  of  what  one  does  not  know  to  be  true,  §  125. 
Subornation  of,  punishment  of,  §§  127,  128. 
Subornation  of,  who  guilty  of,  §  12.7. 
Testimony    of   two   witnesses    or    one   witness    and    corroborating 

circumstances   necessary,  §  1103a. 
Testimony  of  witness  may  be  read  against  him  on  trial  for,  §  14. 
That  evielenee  did  not  affect  proceeding  no  defense,  §  123. 
Witness  testimony  may  be  read  against  him  on   prosecution  for, 

§14. 

PERSON. 

Includes  corporation,  §§  7,  599b. 

Indecent  exposure  of,  a  misdemeanor,  §  311. 

Injuries  to,  what  a  misdemeanor,  §  650V-;. 


lOT'J  INDEX. 

PERSONAL  LIBERTY. 

.Mtoiiipt   to   iissumc   o\vii('r.slii[)   ol'   poison,    |iuiiisliiiit'iit    of,  §.  ISl. 
iiifringoincnt  of,  i)Uiiisluiu'nt  of,  §181. 

PERSONAL  PROPERTY.     Rce  Cliuttol  Mortgages. 
Chatti'l  iM(irt>i;i>;('.s.     See  Cliatlol  Mortgages, 
lucliuie  what,  §  7. 
Property  includes,  §  7. 

PERSONATION.     See  False  Personation. 
I'alse,  a  misdemeanor,  §  (ioOYj- 

PERVERTS.     See  Crimes  Against  Nature. 

PEST-HOUSE. 

In  cities,  keeping,  a  misdemeanor,  §  373. 

PESTILENCE. 

J\emo\al  of  prisoners  in  case  of,  §  1G08. 

PETITIONS. 

Initiative.     See  Initiative. 
Recall.     See  Eeeall. 
Referendum.     See  Referendum. 

PETIT  LARCENY.     See  Larceny. 

PETIT  TREASON. 

Common-law  distinctions  abolished,  §  191. 

What  killings  regarded  as,  at  common  law,  §  191. 

PHARMACY.     See  Drugs. 

Adulteration  of  drugs,  prohibition  of,  §  383. 
Sale  of  poisonous  substances,  §  347a. 

PHEASANT.     See  Game  Laws. 

Killing,  a  misdemeanor,  §  626c. 

PHONOGRAPHIC  REPORTER,     See  Stenographer. 

Officer  receiving  part  of  salary  of,  punishment  of,  §  94. 

PHOTOGRAPH. 

Publishing  without  one's  consent,  punishment  of,  §  258. 

PHRASES.     See  Words  and  Phrases. 
Construction  of,  in  general,  §  7. 

PHYSICIAN. 

Coroners'    inquests,    attendance    at    and    compensation    of,  §  1512. 

Appendix,  tit.  "Coroners." 
Intoxicated,  injuries  by,  misdemeanor,  when,  §  346. 
Post-mortem  examination,  §  1512. 

PICTURE. 

Obscene,  §§  311-314.     See  Obscene. 

Publishing  one's  picture  without  consent,  punishment  of,  §  258. 

PIECE  CLUBS. 

Formation  of  prohibited.     Appendix,  tit.  "Elections." 

PIGEONS.     See  Game  Laws;  Homing  Pigeons. 

PIGMENTS. 

Act  to  prevent  adulteration  of.     Appendix,  tit.  "Adulteration." 


INDEX.  1073 

PILE. 

Injuring,  a  inisdomeanor,  §  GOT. 

PILOTING. 

By  unlicensed  pilot,  a  misdemeanor,  §  oTi*. 

PIRACY.     See  Copyright. 
PISMO  CLAMS.     See  Game  Laws. 
PLACE  OF  TRIAL.     See  Venue. 

PLANT. 

injuring  plants,  a  misdemeanor,  §  622. 

PLEA.     See  Pleadings. 

Classes  of  pleas,  §  1016. 

Corporation,  by,  §§  1396,  1427. 

Corporations,   plea  ef   not   guilty   entered  if  it   does  not   appear, 

§§  1396,  1427. 
Def&ndant  has  two  days  to  prepare  for  trial,  §  1094. 
Defendant's  only  pleading  is  a  plea  or  demurrer,  §  1002. 
Entered  on  ttiinutes,  to  be,  §  1017. 

Former  acquittal  or  conviction.     See  Former  Jeopardy. 
Form  of,  §  1017. 
Form  of  verdict  on,  f  1151. 

Guilt}-,  court  to  determine  degree  of  crime,  §  1192. 
Guilty,  form  of,  §  1017. 

Guilty,  of,  how  put  in  by  corporation,  §  lOlS. 
Guilty,  of,  put  in  how,  §  1018. 
Guilty,  of,  withdrawing,  §  1018. 
How  put  in,  §  1017. 
Issue  of  fact  arises  on,  §  1041. 
Justice  court,  in,  §  1429. 

Justice's  court,  in.     See  .Justice's  and  Police  Court. 
Kinds  of,  §  1016. 

Must  be  put  in  in  open  court,  §  1003. 

Not  guilty,  of,  evidence  that  may  be  given  under,  §  1020. 
Not  guilty,  of,  puts  what  in  issue,  §  1019. 
Not  guilty,  plea  of,  §  1017. 

Not  guilty,  plea  of  to  be  entered  on  failure  of  corporation  to  ap- 
pear, §§  1396,  1427. 
Oral,  to  be,  §  1017. 
Pleading,  as  a,  §  1002'. 
Police  court,  in.     See  Police  Court. 

Prior  conviction,  not  to  be  read  to  jury  or  alluded  to,  §  1025. 
Prior  conviction,  plea  to  and  proceedings  on  answer,  §  1025. 
Prior  conviction,  refusal  to  answer  equivalent  to  denial,  §  1025. 
Put  in,  how,  §  1017. 

Refusal  to  answer,  plea  of  not  guilty  entered,  §  1024. 
Refusal  to  plead,  judgment  may  be  pronounced,  §  1011. 
Time  to  put  in,  §  1003. 

Time  to  put  in  where  demurrer  overruled.  §  1011. 
Withdrawing  plea  of  guilty,  §  lOlS. 

PLEADING.     See  Answer;   Complaint;   Demurrer;   Former  Jeopardy; 

Indictment;   Information;   Plea. 
Defendant's  only  pleading  is  a  plea  or  demurrer,  §  1002. 
Errors  in  are  not  material  if  substantial  rights  not  affected,  §§  960, 

1404. 

Pen.  Code — 68 


1074  IN'DKV. 

PLEADING.     Colli  uiiuMl.j 

J''oniis  of,  all  arc  j)rescril)fi|  liy  code,  §  I»IS. 

Iinjioaclniu'iit,  in,  §§  741!,  744. 

Issue.     fSoe  Issue. 

.hulgnient,  how  pleaded,  §  9C)2. 

Lost,  how  supplieil,  §  810. 

Lost,  supplyiii^r,  effect  of  substituted  pleading,  §  SJU. 

Officers,  in  proceedings  to  remove,  §§  7G2-7G(j. 

Private  statute,  how  pleaded,  §  9(33. 

lUiles  of,  are  prescribed  by  code,  §  948. 

PLEDGE.     See  Pawnbrokers. 

Candidate,  pledge  of  or  by,  punishment  of,  §§  55a,  50. 
Candidates  making  pledge,  punishment  of,  §  55a.. 
Carrier,  by,  punishment  of,  §§  581,  583. 
Of  junk,  receiving  from  infant,  a  misdemeanor,  §  501. 
Warehouseman,  by,  punishment  of,  §§  581,  583. 

PLOVER.     See  Game  Laws. 

PLURAL. 

tSiugular  includes,  §  7. 

POISON. 

Administering  stupefying  drugs  with  intent  to  commit  felony,  a 

felony,  §  222. 
Administering  with  intent  to  kill,  punishment  of,  §  216. 
Animals,  act  to  prevent  giving  of,  to.     Appendix,  tit.  "Animals." 
Animals,  poisoning,  punishment  of,  §  596. 
Assault  with  caustic  chemicals,  punishment  of,  §  244. 
Cattle,  poisoning,  §  596. 
Drink,  poisoning,  punishment  of,  §  347. 
Food,  poisoning,  punishment  of,  §  347. 
Medicine,  poisoning,  punishment  of,  §  347. 
Sale  of,  act  relating  to,  §§  347a,  note. 
Sale  of,  book  of  open  to  inspection,  §  347a. 
Sale  of,  enumeration  of  forbidden  articles,  §  347a. 
Sale  of,  identification  of  purchaser,  §  347a. 
Sale  of,  labeling  parcel,  §  347a. 
Sale    of    poisonous    substances,    act    regulating.     Appendix,    tit. 

"Poisons." 
Sale  of,  recording  sales,  §  347a. 
Sale  of,  regulation  of,  §  347a. 

Sale  of,  statute  regulating  does  not  apply'  to  prescriptions,  §  347a. 
Sale  of,  to  whom  only  to  be  sold,  §  347a. 

Sale  of,  violation  of  statute  regulating,  punishment  of,  §  347a. 
Sale  of,  what  articles  regulated  by  statute,  §  347a. 
Water,  poisoning,  punishment  of,  §  347. 

POLICE. 

Arrest,  peace-officer  may  make,  §§  834,  836. 
Arrest.     See  Arrest. 

Extra  police-officers,   appointment   and   compensation   of.     Appen- 
dix, tit.  "Police." 
Forming,  to  prevent  crime,  §  697. 
Gaming,  duty  and  liability  in  regard  to,  §  335. 
Hours  of  service  of.     Appendix,  tit.  "Police."  , 

In  incorporated  towns,  etc.,  duty  of  person  in  charge  bf,  §  1413. 
Increase  of  police  force.     Appendix,  tit.  "Police."  ' 


INDEX.  1075 

POLICE.      (Coutiiuicil.) 

Number  of,  limit  on.     AppAidix/til.  "Police." 

Organization  and  regulation  of,  governed  by  specinl  laws,  §  719. 

Peace-officer  defined,  §  7. 

Peace-officer,  policeman  is,  §  817. 

Peace-officers,  who  are,  §  817. 

Peace-officers.     See  Peace-officer. 

Property  clerk,  duty  in  keeping  record  of  stolen  property,  §  1413. 

Public  meetings,  force  to  preserve  peace  at,'  §  720. 

Eailroad  and  steamship  companies,  appointment  of  police  to  serve 

on.     Appendix,  tit.  "Police." 
Receipts  for  money  or  property  taken  from  defendant,  §  1412. 
Relief,  health  and  life  insurance  and  pension  fund.     Appendix,  tit. 

"Police." 
Salaries  of  chiefs,  captains  of  police  and  police-officers  in  cities  of 

certain  sizes.     Appendix,  tit.  "Police." 
Senior  rights  of  members  of  paid  police  departments,  act  relating 

to.     Appendix,  tit.  "Police." 
Stolen  or  embezzled  property,  how  disposed  of,  §§  1407  et  seq. 
Warrant  of  arrest  may  be  directed  to,  §§  816,  818,  819. 
Warrants    of   arrest    directed   to    and   executed   by    peace-officers, 

§§816,  818,  819. 
Yearly    vacations    to    be    granted    members    of.     Appendix,    tit. 

"Police." 

POLICE  COURT.     See  Justice's  and  Police  Court. 
Acquittal,  discharge  of  defendant  on,  §  14.54. 
Affidavits  in,  want  of  or  defective  title,  effect  of,  §  1460. 
Appeal  to  superior  court,  §§  1466-1470. 
Appeal  to  sujierior  court.     See  Appeal. 
Arrest,  form  of  warrant,  §  1427. 
Arrest,  grounds  for,  §  1427. 
Arrest  of  judgment,  denial  of  motion,  judgment  to  be  pronounced 

and  entered,  §  14.52. 
Arrest  of  judgment,  effect  of,  §  1452. 
Arrest  of  judgment,  grounds  for,  §  1452. 
Arrest  of  judgment  in,  defendant  may  move  for,  §  1450. 
Arrest  of  judgment,  time  for  motion  in,  §  1450. 
Bail,  defendant  may  be  admitted  to,  §  1458. 
Bail,  provisions  of  code  relative  to,  prevail  in,  §  1458. 
Challenges  to  jurors,  court  to  try,  §  1436. 
Challenges  to  jurors,  grounds  of,  §  1436. 
Complaint,  form  of  and  what  to  set  forth,  §  1426a. 
Complaint,  proceedings  to  commence  by,  §  1426. 
Continuance,  right  to,  §  1433. 
Conviction,  proceedings  on,  §  1445. 
Corporation,  summons  to,  §  1427. 
Costs  against  prosecutor,  judgment  for  and  enforcement  of,  §§  1447, 

1448. 
Court  cannot  charge  on  questions  of  fact,  §  1439. 
Court  to  decide  questions  of  law,  §  1439. 
Court,  trial  is  by,  when,  §  1430. 
Courts  included  in  definition  of,  §  1461. 
Defined,  §  1461. 
Discharge  of  defendant  on  judgment  of  fine  without  alternative, 

§  1454. 
Discharge  of  defendant  on  payment  of  fine,  §  1457. 
Docket,  how  kept  and  what  to  contain,  §  1428. 


l()/(i  INDEX. 

POLICE  COURT.      (Colli iinic<l.) 

Docket  of,  .imlge  or  clerk  to  keej),  J  1428. 

E.xecutioii   of  jiulgment  for  iniprisoniiient,  §  1455. 

Execution  of  judgment  of  iini)risonnicnt  until  fine  is  paid,  §  1436. 

Fact,  court  cannot  charge  with  respect  to,  §  1439. 

Fine  and  imj)risonnient  on   nnn-paj'nient,  §  144G. 

Fine,  failure  to  pay  over,  §  427. 

Fine,  judgment  of,  discharge  of  defendant  on,  §  1454. 

Fine,  judgment  of,  discharge  of  defendant  on  payment  of,  §  1457. 

Fine,  limit  on  imprisonment  in  case  of,  §  1446. 

Fines  and  forfeitures,  how  disposed  of,  §§  1457,  1570. 

Imprisonment,  judgment  of,  how  executed,  §  1455. 

Indictment  or  information,  offenses  need  not  be  prosecuted  by, 
§  682. 

Instructions,  court  not  to  charge  on  facts,  §  1439. 

Issue,  how  tried,  §  1430. 

Judge  of  is  magistrate,  §  808. 

Judgment,  certified  copy  to  be  given  to  sheriff  or  marshal,  §  1455. 

Judgment  in,  postponement  of,  bail  for  appearance,  §  1449. 

Judgment  of  fine  may  direct  imprisonment,  §  1446. 

Judgment  of  imprisonment,  how  executed,  §  1455. 

Judgment  on  plea  of  guilty,  §  1445. 

Judgment,  postponement  of,  bail  for  appearance,  §  1449, 

Judgment,  purchase  of  by  a  justice,  §  97. 

Judgment,  time  for  rendering,  §§  1449,  1453. 

Judgment  to  be  entered  in  minutes,  §  1453. 

Jurisdictioii,  has,  over  what  offenses,  §  1425. 

Jury,  discharge  of,  without  verdict,  §§  1443,  1444. 

Jury,  discharged,  retrial  of  defendant,  §  1444. 

Jury,  formation  of,  manner  of,  §  1435. 

Jury  may  decide  in  court  or  retire,  §  1440. 

Jury,  officer  taking  charge  of  on  retirement,  oath  of,  §  1440. 

Jury,  officer  to  take  charge  of  on  retirement,  §  1440. 

Jury  trial,  how  conducted,  §  1438. 

Jury  waived  how,  §  1435. 

Law,  court  to  decide  questions  of,  §  1439. 

Lottery,  proceeding  to  enforce  forfeiture  of  propertj^  in,  §  325. 

Magistrate,  police  judge  is  a,  §  808. 

Minutes  kept  how,  §  1428. 

Misdemeanor,  complaint  for,  to  be  filed  within  a  year,  §  1426a. 

New  trial,  defendant  may  move  for,  §  1450. 

New  trial,  denial  of,  judgment  to  be  pronounced  and  entered, 
§  1453. 

New  trial  granted  on  appeal,  to  be  in  superior  court,  §  1469. 

New  irial,  grounds  for,  §  1451. 

New  trial,  time  for  motion  for,  §  1450. 

Oath  of  jurors,  §  1437. 

Oath  of  officer  having  custody  of  jury,  §  1440. 

Offenses  need  not  be  prosecuted  by  indictment  or  information, 
§  682. 

Plea  of  guilty,  examining  witnesses  and  proceedings  where  de- 
fendant guilty  of  higher  offense,  §  1429. 

Plea  of  guilty,  proceedings  on,  §§  1429,  1445. 

Plea,  same  pleas  allowed  as  in  case  of  indictment,  §  1429. 

Plea  to  be  oral  and  entered  in  minutes,  §  1429. 

Postponement  of  trial,  right  of,  §  1433. 

Presence  of  defendant  necessary,  §§  1434,  1438. 

Prosecution  need  not  be  by  indictment  or  information,  §  682. 


INDEX.  1077 

POLICE  COURT.     (Continued.) 
Subpoenas,  issuance  of,  §  1459. 

Subpoenas,  punishment  for  disobedience  of,  §  1459. 
Trial  conducted  how,  §  143S. 
Venue,  change  of,  §§  1431,  1432. 
Venue,  change  of,  affidavits  on  motion,  §  1431. 
Venue,  change  of,  grounds  for,  §  1431. 
Venue,  change  of,  proceedings  on,  §  1432. 
Verdict,  discharge  of  jury  without,  §§  1433,  1444. 
Verdict  of  jury,  how  delivered  and  entered,  §  1441. 
Verdict  of  jury  to  be  general,  §  1441. 

Verdict  of  jur}-,  when  several  defendants  are  tried  together,  §  1442. 
What  courts  included  in,  §  1461. 

POLICE  JUDGE. 

Magistrate,  is  a,  §  808. 

Warrant  of  arrest,  form  of,  and  when  to  issue,  §1427. 

POLITICAL  CONVENTION.     See  Elections. 

POLITICAL  MEETING. 

Disturbing,  a  misdemeanor,  §  59. 

Hindering  electors  from  holding,  a  misdemeanor,  §  58. 

POLLING. 

The  jury,  and  proceedings  in,  §  1163. 

POLLS,     See  Elections. 

POLL-TAX.     See  Tax. 

Receipts  for,  offenses  in  connection  with,  §§  431,  432. 

POOL-SELLING. 

Prohibition  of  and  punishment  for,  §  337a. 

Liability  of  owner  of  premises  where  carried  on,  §  337a. 

POSSE  COMITATUS. 

Eefusing  to  join,  punishment  of,  §  150. 

Supervisors  authorized  to  pay   expenses   of.     Appendix,   tit.  "Su- 
pervisors." 

POSTING  BILLS. 

On  property  of  another,  §  602. 

POST-MORTEM. 

Examination,  §  1512. 

POSTPONEMENT.     See  Adjournment;  Continuance. 
POWDER.     See  Explosives. 

POWERS. 

Forfeiture  of  power  on  conviction  of  crime,  §  673. 

PRACTICE.     See  Criminal  Practice;  Pleading;  Trial. 
Calendar.     See  Calendar. 

Preliminary  examination.     See  Preliminary  Examination. 
Warrant  of  arrest,  practice  in  connection  with.     See  Warrant  of 
Arrest. 

PRAIRIE  CHICKENS.     See  Game  Laws. 


1078  INDEX. 

PREFERENCE. 

Onlcr  of  trial  ol'  cases,  §  JOJS. 

PREGNANCY. 

Of  (li'tondant  iimlcr  il(>atli  sontenco,  proeeedings  on,  §§  1225,  1226. 

PRELIMINARY  EXAMINATION. 

Acpompliee,  conditional  examination  of,  §  882. 

Bail  for  appearance  at,  §  1273. 

Bail  on  postponement  of,  §  802. 

Bail,  order  for  on  commitment,  §  875. 

Bail,  undertakings  for  to  be  returned  to  court,  §  88.3. 

Charge,  magistrate  to  inform  defendant  of,  §  858. 

Commitment  for  examination,  how  made  and  form  of,  §  863. 

Commitment,  form   of,  §§  80.3,  872,  87."'.,  877. 

Commitment,  how  made  and  to  whom  delivered,  §  876. 

Commitment,  indorsing  on  complaint,  §  872. 

Commitment  on  postl)onement  of,  §  8G2. 

Commitment,  when  and  how  made,  §§  863,  872,  876 

Commitment.     See  Commitment. 

Completed,  to  be  in  one  session,  §  861. 

Counsel,  defendant  to  be  allowed  time  to  send  for,  §  859. 

Counsel,  magistrate  to  inform  of  right  to,  §  858. 

Counsel,  peace-officer  to  take  message  to  without  charge  or  delay, 

§  859. 
Counsel,   postponing   examination   until   defendant   can   send   for, 

§  859. 
Counsel,  sending  for,  §  859. 

Depositions  at,  signing,  certifying  and  authenticating,  §  869. 
Depositions  at,  transcribed  copy  as  evidence,  §  869. 
Depositions  at,  transcribing,  certifying  and  filing,  §  869. 
Depositions,  by  whom  and  how  kept,  §  870. 
De])Ositions,  examination  and  copying  of,  §  870. 
Depositions,  form  of  and  contents  of,  §  869. 
Depositions  in  homicide.     See  post,  "Homicide,"  this  subject. 
Dejiositions  of  witnesses,  how  authenticated,  §  869. 
Depositions,  original  notes  to  be  filed,  §  869. 
Depositions  to  be  first  read  to  defendant  on,  §  864. 
Depositions  to  be  returned  to  court,  after  hearing,  §  883. 
Deposition,  transcript  of  to  be  furnished  defendant  or  attorney, 

when,  §  870. 
Discharge,  form  of,  §  871. 

Discharge  of  defendant,  when  and  how  made,  §  871. 
Discharge.     See  Discharge. 
Examination  of  defendant  before  magistrate  after  jury  discharged 

because  facts  are  not  an  offense,  §  1117. 
Exclusion  of  person  on,  right  as  to,  §  867. 
Female  prosecuting  witness  entitled  to  attendance  of  person  of  her 

own  sex,  §  868. 
Form  of  order  holding  to  answer,  §§  872,  873. 
Held  to  answer,  defendant  is,  when,  §  872. 

Homicide,  deposition  in,  authentication  and  form  thereof,  §  869. 
Homicide,  deposition  in,  compensation  of  reporter,  §  869. 
Homicide,  deposition  in,  signatures,  §  869. 
Homicide,  deposition  in,  transcribing,  §  869. 
Homicide,  depositions  of  witnesses  to  be  taken,  §  869. 
Indictment  or  information,  setting  aside  of,  holding  preliminary 

examination  in  case  of,  §  997, 


INDEX.  1079 

PRELIMINARY  EXAMINATION.      (Continued.) 

Indictment  or  information,  sustaining  demurrer  to,  preliminary 
examination  before  magistrate  may  be  lield  after,  §  1008. 

Infant  witness,  to  give  security,  §  SSO. 

Magistrate  to  return  depositions,  undertakings,  warrants,  etc.,  to 
court,  §  SS3. 

Married  woman  as  witness  to  give  security,  §  SSO. 

Postponement,  commitment  or  discharge  on  bail,  in  ease  of,  §  862. 

Postponement,  length  of,  §  8G1. 

Postponement,  to  allow  time  to  send  for  counsel,  §  859. 

Present  at,  who  may  be,  §  86S. 

Shorthand  reporter,  appointment  of  to  take  testimony,  §  8(39. 

Shorthand  reporter,  compensation  for  transcribing  testimony  for 
defendant,  §  870. 

Shorthand  reporter's  compiensation  for  deposition  at,  §  869. 

Subpoenas  to  be  issued  for  witnesses,  §  864. 

Testimony,  how  taken  and  authenticated,  §  S69. 

Testimony,  transcribing,  certifying  and  tiling,  §  869. 

Time  for  commencing,  §  860. 

Undertakings  to  be  returned  to  court  after  hearing,  §  883. 

Warrant  to  be  returned  to  court  after  hearing,  §  883. 

When  to  be  completed,  §861. 

When  to  proceed,  §  860. 

Who  may  be  present  at,  §  868. 

Witness,  accomplice,  conditional  examination  of,  §  882. 

Witness,  conditional  examination,  how  conducted,  §  882. 

Witness,  conditionally  examined,  when,  §  882. 

Witness,  defendant  may  cross-examine,  §  865. 

Witness,  defendant  may  produce,  §  866. 

Witness,  deposition,  admissibility  of,  §  882. 

Witness,  examination  of  defendant's,  §  866. 

Witness,  exclusion  and  separation  of,  §  867. 

Witness,  right  of  cross-examination  of,  §  865. 

Witness  to  be  committed  on  refusal  to  give  security  to  appear, 
§  881. 

Witness  to  be  examined  in  presence  of  defendant,  §  865. 

Witness  unable  to  give  security  to  appear  may  be  examined  con- 
ditionally, §  882. 

Witness,  undertaking  of,  to  appear,  §§  878-882. 

PREMISES. 

Forcible  entry  and  detainer  of,  a  misdemeanor,  §  418. 
Eeturn,  after  being  removed  by  legal  proceedings,  §  419. 

PRESCRIPTION.     See  Druggist. 

PRESENT. 

Words  in  present  tense  include  future,  §  7. 

PRESENTMENT.     See  Indictment;  Information. 
Corporation,  against.     See  Corporations. 
Defined,  §  916. 
Of  indictment,  manner  of,  §  944. 

PRESIDENT. 

Assault  niton,  a  felony.     Appendix,  tit.  "Conspiracy." 
Conspiracy  to  commit  any  crime  against,  a  felony.     A])pendix,  tit. 
"Conspiracy." 


1080  JNDICX. 

FRESTON  SCHOOL  OF  INDUSTRY. 

L'oiiiiiiitiiKMit  to.     A]>i)oii(li.\,  (it.  "Scliool  of  TJeforin." 
EstiihlisluiuMit  of.      .XppeiKlix,  tit.  "Seliool  of  Industry." 
Evil-niimled  puisons  preveJited  from  coming  on  ground;*,  §§  1711), 

171c. 
Maintenance  of.     Appendix,  tit.  "School  of  Industry." 
Management  of.     Appendix,  tit.  "School  of  Indu.stry." 
Powers  of  judge.     Appendix,  tit.  "School  of  Keforni." 

PRESUMPTION. 

Director  absent  presumed  to  assent  to  proceedings,  when,  §  570. 

Director  present  presumed  to  assent  to  proceedings  when,  §  ;j69. 

Director  presumed  to  have  knowledge  of  affairs  of  corporation, 
§568. 

Guilt,  from  finding  indii'tmeut,  §  1270. 

Indictment  or  information,  need  not  state,  of  law,  §  901. 

Innocence,  of,  §  109G. 

Libel,  malice  not  presumed  on  communication  by  interested  per- 
son, §  256. 

Libelous  publication  presumed  malicious,  §  250. 

PRETENSE.     See  False  Pretenses. 

PREVENTION. 

X         Lawful  resistance  to  crime.     See  Eesistance;  Self-defense. 
Of  crime  by  public  officers,  how  effected,  §  697. 
Of  crime,  persons  acting  in  aid  of  officers  in,  when  justified,  §  69S. 

PREVIOUS  CONVICTION.     See  Second  Conviction;  Former  Jeopardy. 
Finding  on,  §  1158. 
Form  of  verdict  on,  §  1158. 

PRIMARY  ELECTION,     See  Elections. 

PRINCIPAL. 

Accessory,  who  is,  §  32. 

Accessory.     See  Accessories. 

All  persons  concerned  liable  as  principals,  §  971. 

Distinction    between    accessory    before    the    fact    and    principal 

abolished,  §  974. 
Distinction  between  principals  in  first  and  second  degree  abolished, 

§971. 
Jurisdiction  of,  not  present,  §  792. 
Parties  to  crime  are  principals  and  accessories,  §  30. 
Who  is  a,  §  31. 

PRINTER. 

Not  liable  for  false  statements  in  advertisements  of  real  estate, 
§  6.54b. 

PRINTING. 

Circulars  injurious  to  candidate,  printing,  a  misdemeanor,  §  62b. 

Election  ticket,  when  unlawful,  §  62. 

Superintendent  of   state,  not  to  be  interested,  in   contract,  §§  99, 

100. 
Writing  includes,  §  7. 

PRIOR  ACQUITTAL.     See  Former  Jeopardy.  i 

Issue  of  fact  arises  on  plea  of,  §  1041. 


INDEX.  1081 

PRIOR  CONVICTION.     See  Former  .Toopardy;   i'lea;   Second   Couvic- 

tiou;  Second  Offense. 
Form  of  verdict  on  plea  of,  §  ll.")!. 
How  charged  in  indictment  or  information,  §  969. 
Issue  of  fact  arises  on,  §  1041. 
Jurj-  to  find  on,  §  1158. 
Not  more  than  two  to  be  charged  in  indictment  or  information, 

§  9(39. 
Not  to  be  read  to  jury  or  alluded  to  on  trial,  §§  1025,  1093. 
Pardon  or  commutation  in  case  of,  §  lllS. 
Plea  to  and  proceedings  on  answer,  §  1025. 
Refusal  to  answer  equivalent  to  denial,  §  1025. 
Verdict  on,  form  of,  §  1158. 

PRISON.     See  .Jail;  Convict;  Prisoner;  State  Prisons. 
Accounts  and  finances  of,  kept  separate,  §  1572. 
Actions  to  be  prosecuted  by  warden  under  direction  of  directors, 

§  1578. 
Allowance   to   prisoner   for   meritorious   service,   power   to    make, 

§  1590. 
Annual  reports  to  be  made,  §  1576. 

Appointee,  intemperate  use  of  liquor  by,  punishment  for,  §  1581. 
Appointee  receiving  compensation  other  than  allowed  by  directors, 

punishment  of,  §  1591. 
Appointee  to  receive  no  compensation  other  than  that  allowed  by 

directors,  §  1591. 
Appointees,   bonds    of    to    be    deposited   with    secretary    of    state, 

§  1594. 
Appointees  not  to  be  interested  in  contracts,  §  1592. 
Appointees  not  to  make  gifts  to   or  receive  gifts  from  convicts, 

§  1592. 
Appointees,  power  of  removal  of,  §  1581. 

Appointees,  punishment  for  making  or  receiving  gifts,  §  1592. 
Appointees,  salaries  of,  §  1582. 

Appointment  to  office  in,  who  ineligible  to,  §  1581. 
Appointments,  warden  to  make,  §  1578. 

Bags,  price  at  which  to  be  sold.     Appendix,  tit.  "State  Prisons." 
Bonds  of  officers  and  employees  deposited  with  secretary  of  state, 

§  1594. 
Buildings  and  structures,  power  of  directors  to  erect,  §  1590. 
Buildings  destroyed  by  fire,  rebuilding  of,  §  1595. 
Carrying  into,  things  to  aid  escape,  punishment  for,  §  110. 
Child  under  sixteen  not  to  be  confined  with  adult,  §  273b. 
Claims,  directors  to  audit,  §  1576. 

Claims,  how  paid,  where  not  sufficient  money  on  hand,  §  1584. 
Clerk,  appointment  and  term  of  office,  §  1580. 
Clerk,  bond  and  oath  of,  §  1580. 
C>rk,  duties  of,  §  1580. 
Clerks,  ground  for  removal,  §  1581. 
Clerks,  salaries  of,  §  1582. 
Code,  effect  of  on  statute  respecting,  §  23. 
Communicating  with  convict,  a  misdemeanor,  S  171. 
Contraband  articles,  bringing  into,  punishment  of,  §  180a. 
Contractor  giving  compensation  to  officer  or  employee  of,  punish. 

ment  of,  §  1591. 
Contracts  for  supplies,  etc.,  bids,  calling  for  and  action  on,  §  1583. 
<  'ontracts  for  supplies,  etc.,  notice  of  letting  of,  §  1583. 


1082  INDEX. 

PRISON,      (((.iitiiiiio.l.) 

Contracts  lor  supplies,  i't<'.,   jiovvers  and   duties  of  dircftors  con- 
cerning, §  1583. 

('oiitructs,  officers  or  employees  not  to  be  interested  in,  §  1592. 

Contracts  to  erect  illuniiniiting  app;iratiis,  etc.,  power  of  directors 
as  to,  §  1590. 

Contracts   to   supply   gas   and    water,   power   of   directors   to   enter 
into, §  1590. 

Coroners'    inquests    in,    expenses    of,    payment   of.     Appendix,    tit. 
"Costs." 

County  jails.     See  Jails. 

Court,  prisoner  how  brought  into,  §  15G7. 

Birectors,  buildings  and  structures,  power  to  erect,  §  1590. 

Directors,  buildings  destroyed  by  fire,  rebuilding  of,  §  1595. 

Directors,  contracts  for  supplies,  etc.,  bids,  calling  for  and  action 
on, §  1583. 

Directors,  contracts  for  supplies,  etc.,  notice  of  letting  of,  §  1583. 

Directors,  contracts  for  suj)plies,  etc.,  powers  and  duties  concern- 
ing, §  1583. 

Directors,  contract  to  erect  illuminating  apparatus,  power  of  di- 
rectors as  to,  §  1590. 

Directors,  contracts  to  supply  gas  and  water,  power  as  to,  §  1590. 

Directors,  duties  of  enumerated,  §  1576. 

Directors,  governor  appoints  under  advice  of  Senate,  §  1573. 

Directors,  may  establish  office  in  San  Francisco,  §  157(5. 

Directors,  number  of,  §  1573. 

Directors,  power  regarding  credits  of  prisoners,  §  1588. 

Directors,  power  to  make  allowances  to  prisoner  for  meritorious 
sevice,  §  1590. 

Directors,  president  of  board,  clerk   to  notify  of  election,  §  1574. 

Directors,  president  of  board,  election  and  duties,  §  1574. 

Directors,  purchase  of  tools,  etc.,  and  employment  of  foreman  in 
manufacture  of  articles,  §  1586. 

Directors,  quorum,  three  directors  constitute,  §  1575. 

Directors,  term  of  office,  §  1573. 

Directors,  three  to  concur  in  orders,  §  1575. 

Directors   to   report   to   governor   names   of   prisoners   entitled   to 
pardon, §  1596. 

Directors,  under  direction  and  management  of  board  of,  §  1572. 

Directors,  vacancies,  governor  fills,  §  1573. 

Discharged  prisoner  coming  upon  grounds  in  night,  a  felony,  §  171b, 

Drafts  on  controller,  how  drawn  and  paid,  §  1584. 

Drugs,   liquors,   weapons,   or   explosives,    bringing  into,   a   felony, 
§  171a. 

Escape.     See  Escape. 

Federal  prisoners,  expense  of  keeping,  §  1601. 

Federal  prisoners,  sheriff  responsible  for,  §  1602. 

Folsom,  accounts  and  finances  of,  kept  separate,  §  1572. 

Folsom,  employment  of  prisoners  in  construction  of  roads.    Appen- 
dix, tit.  "State  Prisons." 

Folsom,  is  one  of  state  prisons,  §  1572. 

Folsom,   jute    manufacture,    erection    of   structures   may   be    com- 
menced, when,  §  1586. 

Folsom,  official  staff  of,  §  1572. 

Folsom,  rock-crushing  plant,  act  relating  to.     Appendix,  tit.  "State 

Prisons." 
Grand  jurors  are  entitled  to  access  to,  §  924. 

Grand  jury  to  inquire  into  condition  and  management  of,  §  923 


INDEX.  1083 

PRISON.      (Continued.) 

Hemp,  directors  authorized  to  purchase  to  make  into  bags.  See 
Appendix,  tit.  "State  Prisons." 

Importation  of  convicts,  §§  173,  175. 

Inhumanity  to  prisoners,  punishment  of,  §  147. 

Injuring,  etc.,  jails,  puiiisiiment  of,  §  600. 

Intoxicants,  sale  of  liquor  within  nineteen  hundred  feet  of,  a  mis- 
demeanor, §  172. 

Jute  and  jute  goods,  directors  authorized  to  insure.  Appendix, 
tit.  "State  Prisons." 

Jute,  prison  directors  authorized  to  fix  the  price,  terms  and  con- 
ditions of  sale  of  jute  bags.     Appendix,  tit.  "State  Prisons." 

Liquor,  sale  of,  within  two  miles,  §  172. 

Manufactures  at,  and  sale  of  articles,  authority  of  directors, 
§  1586. 

Moneys  collected  by  wardens,  report  of  and  disposition  of,  §§  1584, 
]5S5. 

Moneys  collected  by  warden,  to  be  paid  into  state  treasury,  §§  1584, 
1585. 

Moneys  collected  to  be  paid  to  warden,  §  1585. 

Moneys  paid  by  warden  to  treasury,  receipt  for,  §  1585. 

Moneys,  report  by  warden  as  to  collections  and  disposition,  §§  1584, 
1585. 

Moneys,  warden  alone  can  receipt  for,  §  1585. 

Names  of  state  prisons,  §  1572. 

Office  may  be  established  at  San  Francisco,  §  1576. 

Officer  receiving  compensation  other  than  that  allowed  by  direc- 
tors, punishment  of,  §  1591. 

Officers,  bonds  of  to  be  deposited  with  secretary  of  state,  §  1594. 

Officers  not  to  be  interested  in  contracts,  §  1592. 

Officers  not  to  make  gifts  to  or  receive  gifts  from  convicts,  §  1592. 

Officers,  punishment  for  making  or  receiving  gifts,  §  1592. 

Officer  to  receive  no  compensation  other  than  that  allowed  by  di- 
rectors, §  1591. 

Eeports,  annual,  printing  and  distribution  of,  §  1593. 

Keseue  of  prisoners.     See  Rescue. 

Revenues  of  to  be  paid  to  warden,  §  1585. 

Rock-crushing  plants  at.     Appendix,  tit.  "State  Prisons." 

Rules  and  regulations,  directors  may  adopt,  §  1576. 

Rules  and  regulations  governing  prisoners,  to  be  posted  in  cells 
and  shops,  §  1587. 

Rules,  warden  may  adopt  temporarily  until  directors  meet,  §  1576. 

San  Quentiu,  accounts  and  finances  of,  kept  separate,  §  1572. 

San  Quentin,  employment  of  prisoners  in  construction  of  roads. 
Appendix,  tit.  "State  Prisons." 

San  Quentin,  is  one  of  state  prisons,  §  1572. 

San  Quentin,  no  articles  to  be  manufactured  at  except  jute  bags, 
§  1586. 

San  Quentin,  official  staff  of,  §  1572. 

United  States  prisoners  receiving,  keeping  and  disciplining  in  state 
prisons,  §  1589. 

Warden  alone  can  receipt  for  revenue,  §  1585. 

Warden,  appointment  and  term  of  office,  §  1577. 

Warden,  bond  and  oath  of,  §  1577. 

Warden,  compensation  not  to  be  changed  during  term  of  office, 
§  1582. 

Warden,  compensation  of,  §§  1577,  1582. 

Warden,  duties  of  enumerated,  §  1578. 


108-4  INDEX. 

PRISON.      (Coiitiiiiird.) 

Waidoii,  j(romi(ls  for  removal,  §  1581. 

Wardon  may  adopt  rules  until  directors  meet,  §  ]/)76. 

Warden,  moneys  and  revenue  to  be  paid  to,  §  158;"). 

Wardon,  money  and  valuables  of  prisoners,  amount  of  and  return 

of,  §  1587. 
Warden,  money  collected  by  report  of  and  disposition  of,  §  1584. 
Warden,  inoncj's  collected  by  to  be  paid  into  state  treasury,  §§  1584, 

1585. 
Warden,  receii)ts  for  moneys  paid  by,  §  1585. 
Warden,    report    by    as    to    moneys    collected    and    disposition    of, 

§§  1584,  1585. 
Warden,  report  of  payments  of  moneys  by,  §§  1584,  1585. 
Warden  to  make  appointments,  §  1578. 
Warden,  to  reside  at  prison,  §  1578. 

Warden,  vouchers  to  be  kept  for  moneys  expended,  §  1584. 
Weapons,  bringing  to,  or  in  vicinity  of,  §  180a. 

PRISONER.     See  Convict;  Jail;  Prison. 

Asknowledgment,  may  make,  §  675. 

Allowance  to  for  extra  service,  power  of  directors  as  to,  §  1590. 

Allowances  to  on  discharge,  §  1587. 

Arrest  without  authority,  a  misdemeanor,  §  146. 

Assault  with  deadly  weapon  by,  punishable  with  death,  §  246. 

Bedding  and  clothing  for,  §  1587. 

Bringing  before  courts,  method  of,  §  1567. 

Child  under  sixteen  not  to  be  confined  with  adult  criminal,  §  273b. 

Citizenship,  restoration  to  on  expiration  of  term,  power  of  gov- 
ernor, §  1579. 

Civil  death  of,  §  674.     See  Civil  Death. 

Civil  process,  on,  provision  for  support  of,  §  1612. 

Communicating  with,  a  misdemeanor,  §  171. 

Confinement  to  be  actual,  §  1600. 

Convicts,  attempt  to  extort  from  a  misdemeanor,  §  650a. 

Convicts,  exposure  of,  a  misdemeanor,  §  650a. 

Convict,  costs  of  trial  of,  how  paid,  §  111. 

Costs  of  trial  of  convicts  for  crimes  committed  in  prison.  Appen- 
dix, tit.  "Costs." 

Costs  of  trial  of  escaped  convicts,  payment  of.  Appendix,  tit. 
"Costs." 

County  jail.     See  Jails. 

County,  returning  to  proper,  §  1606. 

Court,  how  brought  into,  §  1567. 

Credits,  forfeiture  and  restoration  of,  §  1588. 

Credits  given  to  for  pe"Tforming  labor,  §  1614. 

Credits  of  for  good  behavior,  §  1588. 

Credits  of  for  good  behavior,  schedule  of,  §  1588. 

Deposition  of,  w-hen  and  how  taken,  §  1346. 

Discharged  i^risoner  going  upon  grounds  of  prison  or  reformatory, 
a  felony,  §  171b. 

Disease  or  pestilence,  removal  of  in  case  of,  §  1608. 

Employment  of,  §  1586. 

Employment  of  prisoners  in  constructing  roads.  Appendix,  tit. 
"State  Prisons." 

Escape,  assisting  in,  or  suffering,  punishment  of,  §  109. 

Escape,  carrying  or  sending  things  into  prison  to  aid,  §  110. 

Escape,  costs  of  trial  for,  how  paid,  §  111. 

Escape  from  state  prison,  punishment  for,  §  105. 


INDEX,  1085 

PRISONER.      (Convinued.) 

Escape,  officers  suffering,  punishment  or,  §  108. 

Escape,  permitting  prisoner  to  go  at  large,  §  1600. 

Federal,  duty  of  sheriff,  §§  1601,  1602. 

Federal,  expense  of  keeping  in  county  jail,  §  1601. 

Federal,  sheriff,  responsible  for  where  kept  in  county  g'ail,  §  1602. 

Federal,  sheriff  to  receive  and  keep  in  county  jail,  §  1601. 

Federal,  to  be  kept  in  county  jail,  when,  §  1601. 

Female,  in  county  jails.     See  Jails. 

Fire,  removal  of  in  case  of,  §  1607. 

Food,  clothing  and  bedding  for,  compensation  of  sheriff  providing, 
§  1611. 

Food,  clothing  and  bedding  for,  duty  of  sheriff  to  provide,  §  1611. 

Grading  and  classifj'ing,  §  1578. 

Grand  jury  to  inquire  into  condition  of,  §  923. 

Hair,  act  relating  to  cutting  of,  §  1615,  note. 

Hair-cutting,  of  persons  convicted  of  misdemeanor,  §  1615. 

How  brought  before  courts,  §  1567. 

Immunity  from  hair-cutting  and  shaving  prior  to  discharge,  §  1587. 

Infants  under  probationary  treatment,  expenses  of,  §  1388. 

Infant  under  sixteen  not  to  be  confined  with  or  placed  in  com- 
pany of  adult,  §  273b. 

Inhumanity  to,  punishment  of,  §  147. 

Injury  to,  punishment  of,  §  676. 

Insanitv,  compensation  of  sheriff  for  transporting  to  asylum, 
§  1587. 

Insanity  of,  proceedings  iu  case  of,  §  1587. 

Labor  by,  rules  and  regulations  for  the  performance  of,  §  1614. 

Labor,  credits  given  to  on  performance  of,  §  1614. 

Labor,  prisoner  may  be  required  to,  §  1613. 

Letter,  writing  or  reading  matter,  taking  to  or  from,  §  171. 

Monday,  to  be  discharged  on,  §  28. 

Money  and  valuables,  account  of  and  return  of  on  death  or  dis- 
charge, §  1587. 

Money,  etc.,  taken  from,  §§  1412,  1413. 

Officers  or  emplovees  not  to  make  gifts  to  or  receive  gifts  from, 
§  1592. 

Officers  or  employees,  punishment  for  making  gifts  to  or  receiving 
gifts  from,  §  1592. 

Pardon,  directors  to  report  to  governor  names  of  prisoners  en- 
titled to,  §  1596. 

Parole.     See  Parole. 

Pestilence  or  disease,  removal  of  prisoners  in  case  of,  §  1608. 

Protection  of  person  of  convict,  §  676. 

Punishment  of,  right  of,  §  1587. 

Punishment,  cruel,  forbidden,  §  681. 

Punishment,  what  methods  of  forbidden,  §  681. 

Refusing  to  receive  person  charged  with  crime,  §  142. 

Registry  of  to  be  kept  by  warden  of  state  prison,  §  1578. 

Registry  of,  what  to  show,  §  1578. 

Release  of  prisoners  whose  terms  have  expired,  governor  to  order, 
§  1579. 

Report  of  names  of  prisoners  whose  terms  about  to  expire  to  gov- 
ernor, §  1578. 

Rescue  of,  punishment  of,  §  101. 

Return  of  where  order  confining  in  jail  of  contiguous  county  re- 
voked, §  16U6. 


108G  INDEX. 

PRISONER.      (CoiifimuMl.) 

Kules  and  regulations  afTocting  to  be  posted  in  cells  and  shops, 
§  1587. 

Sale  or  conveyance,  may  make,  §  G7o. 

Service  on,  ])apors  may  be  served  on  jailer  or  sheriff,  §  1609. 

Service  on,  slierifT  or  jailer  receiving  papers  for,  duty  of ,§  1609. 

Sherifl",  duty  to  provide  food  and  clothing  and  bedding  for  and 
compensation  for,  §  1611. 

Sheriff  to  receive  persons  duly  committed,  §  1611. 

Temporary  removal  of  to  act  as  witness,  §  1333. 

Treatment  of,  rules  to  be  observed,  §  1587. 

Unauthorized  communication  with,  a  misdemeanor,  §  171. 

United  States  prisoners,  charge  for  keeping  in  state  prison,  §  1589. 

United  States  prisoners,  expense  of  keeping  in  state  prisons,  §  1589. 

Witness,  as,  deposition  of,  when  and  liow  taken,  §  1346. 

Witness,  competency  of  as,  §  675. 

Witness,  prisoner  as,  discretion  of  court  as  to  ordering  attend- 
ance, §  1333. 

Witness,  prisoner  as,  how  brought  in  and  proceedings  in,  §§  1333, 
1567. 

PRIVATE  PERSON. 

May  arrest,  when,  §  837. 

PRIVATE  STATUTE. 

How  pleaded,  §  963. 
.Judicial  notice  of,  §  963. 

PRIVATE  WAY. 

Injury  to,  malicious  punishment  of,  §  58^. 

PRIVILEGE  OF  WITNESS.     See  Witnesses. 

PRIVILEGED    COMMUNICATIONS.     See   Libel. 

Comments  of  in  report  of  grand  jury  are  not,  §  928. 
Husband  and  wife,  competency  of  as  witnesses,  §  1322. 

PRIZE-FIGHT. 

Aiding,   encouraging  or   engaging  in,   punishment   of,  §412. 

Are  unlawful,  §  412. 

Amateur  boxing  contests,  right  to  hold  and  regulations  govern- 
ing, §  412. 

Amateur  boxing  contests,  cities  or  towns  may  prohibit  by  ordi- 
nance. §  412. 

Amateur  boxing  contest  defined,  §  412. 

Amateur  boxing  contest  not  to  be  held  on  Memorial  Day  or  Sun- 
day, §  4131/0. 

Amateur  boxing  contest,  puuishment  for  holding  on  Sunday  or 
Memorial  Day,  §  4131,1'. 

Betting  on  a  misdemeanor,  §  412. 

Information  as  to  holding,  laying  before  magistrate  and  duty 
of  magistrate,  §  413. 

Jurisdiction  of,  §  795. 

Leaving  state  to  engage  in,  §  414. 

Penalty  for,  §  412. 

Persons  present  at,  guilty  of  misdemeanor,  §  413. 

Prohibition  against  in  general,  §  412. 

Spectators  at,  punishment  of,  §  413. 

Sending  challenge  or  acceptance,  punishment  of  §  412. 

Training  or  assisting  to  train  fighter,  punishment  of,  §  412. 


INDEX.  1087 

PRIZE-FIGHT.      (Continued.) 

Taking  part  in  in  anj-  way  a  misdemeanor,  §  412. 
Witnesses  not  privileged  from  testifying,  §  414a. 
Witnesses  testifying  not  to  be  prosecuted  for  offense  §  414a. 

PROBABLE  CAUSE. 

For  appeal,   certificate  of,  §  1243-1245. 

PROBATIONARY  TREATMENT. 

Authority  to  place  prisoner  on,  §  1203,  subd.  1. 

Bond  on,  §  1203,  subd.  1. 

Conditions  of,  §  1203,  subd.  1. 

Conditions,  of,  written  statement  of  to  be  furnished  defendant, 
§  1203,  subd.  9. 

Discharge  of  defendant  at  end  of  jieriod  of  probation,  §  1203, 
subd.  4. 

Discharge  of  prisoner  on  probation  where  conduct  justifies  it, 
power  of  court,  §  1203,  subd,  4. 

Dismissal  of  information  or  accusation  and  discharge  of  defend- 
ant, effect  of,  §  1203,  subd.  5. 

Extending  time  for  pronouncing  judgment  where  probation  sug- 
gested, §  1191. 

Fine  and  imprisonment,  on  judgment  of,  §  1215. 

Fine,  suspension  of  sentence  where  judgment  is  to  pay,  §  1203, 
subd.  2. 

Hearing  of  motion,  §  1203. 

Inquiry  into  antecedents,  history,  environment,  etc.,  of  defend- 
ant, §  1203,  subd.  8. 

Judgment,  extending  time  for  pronouncing  where  probation  con- 
sidered, §  1191. 

Juvenile  court.     See  Juvenile  Court. 

Juvenile  delinf^uents,  of,  §  1328. 

Officers,  court  may  call  on  for  services,  §  1203,  subd.  7. 

Officer  to  have  powers  of  peace-officer,  §  1203,  subd.  10. 

Officers,  who  to  serve  as,  under  statute  providing  for  probation, 
§  1203,  subd.  6. 

Placing  defendant  on,    discretion     of    court,  §  1203,  subds.  1,  2. 

Placing  defendant  on,  proceedings,  §  1203,  subds.  1,  2. 

Rearrest  of  defendant,  grounds  of,  §  1203,  subd.  3,  1215. 

Eearrest  of  defendant,   ;]udgment   after,  §  1203,  subds.  3,  1215. 

Record  of  case,  duty  of  probation  officer  to  keep  and  what  to 
show,  §  1203,  subd.  8. 

Records  of  probation  officer,  books  for  to  be  furnished  by  countv, 
§  1203,  subd.  8. 

Records  of  probation  officer  part  of  records  of  case,  §  1203,  subd.  S. 

Records  of  probation  officer,  right  to  inspect,  §  1203,  subd.  8. 

Referring  case  to  probation  officer  for  investigation  and  report, 
§  1203. 

Report  of  officer,  to  whom  case  referred,  as  to  probation,  §  1203, 
subd.  8. 

Reports,    officers,   copies   to    whom   furnished,  §  1203,  subd.  8a. 

Reports,  officers,  what  to  show,  §  1203,  subd.  Sa. 

Reports,  officers,  when   to   make,  §  1203,  subd.  8a. 

Reports,  officers,    with    whom    filed,  §  1203,  subd.  8a. 

Revoking  or  modifving  order  of  suspension  of,  §§  1203,  subd.  4, 
1215. 

Suspending  sentence  and  placing  defendant  on  probation,  §  1203. 

Suspending  sentence  pending  investigation  by  probation  officer, 
§  1203. 


1088  INDEX. 

PROBATIONARY  TREATMENT.      ((Jont  iriiuMl.) 

yusi)on(ling   sentence,   authority   of   court   as   to,  §  1203,  sub<ls.  1,  2. 

Terniiiiation  of  period  of  and  discharg-e  of  defendant,  §] 20."?, 
subd.  4. 

Transfer  of  case,  power  of  judge  of  court  to  which  transferred, 
§  ]203,  subd.7. 

Transfer  of  case  to  county  where  dcfendaat  resides  or  to  which 
ho  removes,  §  1203,  subd.  7. 

Violations  of   terms   of,   oOicer  to   report,  §  1203,  subd.  9. 

^^'ithdrawal  of  plea  of  guilty,  setting  aside  verdict  and  dismiss- 
ing indictment   where   conditions   fulfilled,  §  1203,  subd.  5. 

PROCEDURE.     See  Criminal  Procedure;  Trial. 

Accusation    or    indictment,    proceedings    against    officers    may    be 

lirosecuted  by,  §  889. 
Actions.     See  Actions. 
Calendar.     See  Calendar. 
Commitment.     See  Commitment. 
Defendant,  rights  of.     See  Defendant. 
Indictment.     See  Indictment. 
Information.     See  Information. 

Ofifenses    to    be    prosecuted   by   indictment    or    information,  §  682. 
Offenses,   what   need  not  be  tried   by  indictment   or  information, 

§682. 
Preliminary   examination.     See   Preliminary   Examination. 
Warrant   of   arrest,   procedure  in   connection   with.     See   Warrant 

of  Arrest. 

PROCESS.     See   Arrest. 

Arrest   without   authority   a    misdemeanor,  §  140. 

Contempt  for  disobeying,  §§  166,  724. 

Contempt  for  resisting,  §  166. 

Defined,  §  7. 

Duty  of  jailor  where  papers  served  on  him  for  prisoner,  §  1609. 

Execution  of,  justifies  homicide,  §  196. 

Levy   without,   a   misdemeanor,  §  146. 

Military,   to   aid   in   executing,  §  725. 

Officer  to  certify  persons  resisting,  §  724. 

Parties   to  proceeding  for   removal   of   officer   entitled   to,  §  768. 

Prisoner,  service  on,  §  1609. 

Resistance  to  execution  of,  officer  may  demand  persons  to  assist 
in   overcoming,  §  723. 

Resistance  to  execution  of,  officer  to  certify  names  of  resisters 
to  court,  §  724. 

Resistance   to   execution   of,   power  of   officer   to   overcome,  §  723. 

Resisting  execution  of,  in  county  proclaimed  in  insurrection, 
§411. 

Retaking  of  goods  seized  under,  a  misdemeanor,  §  102. 

Retaking  possession  after  dispossession  by,  a  misdemeanor,  §  419. 

Returnable,  where,  §  1504. 

Seizing  property  without,  a  misdemeanor,  §  146. 

Sheriff  may  summon  persons  to  assist  in  executing,  §  723. 

Sheriff  not  to  receive  prisoner  on  civil,  unless  expenses  pro- 
vided, §  1612. 

PROCLAMATION. 

Governor  may  declare  county  io  be  in  state  of  insurrection,  §  732. 

Governor  may  revoke,  §  733. 

Tearing   down,    destroying   or    obliterating,    punishment    of,  §  616. 


INDEX.  1089 

PROFANE  LANGUAGE. 

Use  of,  a  inisdenuaaor,  §  415. 

PROMISSORY  NOTE.     See   Xegotiable   Iiistiumeiits. 

PROPERTY. 

Burning  property  not  subject  of  arson,  punishment  of,  §  600. 

Cons})iracv  to  obtain  by  fraud,  punishment  of,  §  182. 

Dogs  are,"§  491. 

Embezzled.     See  Embezzlement. 

False  pretenses,   obtaining  by,   punishment  of,  §  .532. 

Fraudulent  concealment  of,  by    debtor,    punishment    of,  §  154. 

Fraudulent  concealment  of,  by    defendant,    punishment    of,  §  155. 

Fraudulent  pretenses  as  to  birth  of  infant,  with  intent  to  obtain, 

punishment  of,  §  156. 
Homicide  in  defense  of,  justifiable,  §  197. 
Includes  realty  and  personalty,  §  7. 
Injuries  to,  what  a  misdemeanor,  §  650V-J. 
Inventory  of,  taken  on  search-warrant,  §  15S7. 
Larceny  of  lost,  what  constitutes  §  485. 
Malicious  trespass  to,  a  misdemeanor,  §  602. 
Protection   of,   right   of,  §  693. 
Receipt  for,  taken  on  search-warrant,  §  1535. 
Receiving,  in  false  character,  punishment  of,  §  530. 
Refusing  to  give  assessor  list  of,  a  misdemeanor,  §  429. 
Selling,  by  warehouseman,  punishment  of,  §  581. 
Stolen.     See  Larceny. 

PROPERTY  CLERK. 

Record  of  property  stolen,  duty  as  to,  §  1413. 

PROSECUTION.     See   Accusation;   Indictment;   Information;   Former 

Jeopardy. 
Accusation    or   information,    proceedings    against    officers    may    be 

prosecuted  by,  §  889. 
Action   dismissed   for  want   of,   when,  §  1382. 
Continuance    of    case    and    discharge    of    defendant    on    his    owd 

reconizance, §  1383. 
Costs,  payment  of  by  prosecutor,  §§  1447,   1448. 
Form  of,'§  684. 
Indictment   or   information,   public   offenses   to   be   prosecuted   bv, 

§  682. 
Indictment  or  information,  what  offenses  need  not  be  prosecuted 

by,  §  682. 
Indictment   or   information,   what    offenses   prosecuted   by.  §§  682, 

889. 
To  be  in  name  of  people,  §  684. 

PROSPECTUS. 

Unauthorized  use  of  name  in,  a  misdemeanor,  §  559. 

PROSTITUTION. 

Abduction   of  infant   for,  punishment,  §  267. 

Abduction  or  kidnaping  of  infant  for,  jurisdiction  of,  §  784. 

Assignation  house,  keeping  of  a  misdemeanor,  §  316. 

Child  under  eighteen,  sending  to  house  of,  a  misdemeanor,  §  273. 

Chinese  houses  of  ill-fame,  acts  for  suppression  of  continued  in 

force,  §  23. 
Chinese  woman,  importing  for  prostitution,  punishment  of,  §  266i'. 

Pen.  Code — 69 


1090  INDEX. 

PROSTITUTION.      (ConliiuHvl.) 

L'liinese    women,    :u't    relating    to    inii)ortation     for    prostitution, 

§  266a,  note. 
Compulsory  prostitutiou   of  womon,  ))unishmont   of,  §§  266a,   266b. 
Consent  to,  obtaining  by  fraud,  punishment  of,  §  266a. 
Corroboration   of  prosecutrix  neccssaiy   where   minor  taken   away 

for  purposes  of , §  1108. 
Disorderly  house,  keeping,  a  misdemeanor,  §  316. 
House  of,  common  repute,  evidence  of  admissible  as  to,  §  315. 
House  of,  infant,  not  to  be  sent  to,  §  1389. 
House  of,  infant,  sending  to,  a   misdemeanor,  §  273e. 
House   of,   infants,   admitting   to   or   keeping   in,   a   misdemeanor, 

§309. 
House  of,  keeping,  a  misdemeanor,  §§  315,  316. 
House  of,  one  living  in,  a  vagrant,  S  647. 
House  of,  parent  or  guardian  permitting  or  conniving  at  infant 

being  in,  guilty  of  misdemeanor,  §  309. 
House  of,  prevailing  upon  person  to  visit,  §  318. 
House  of,   residing  in,   a   misdemeanor,  §  315. 
Husband    consenting   or   conniving   to   placing   wife   in   house    of, 

guilty  of  felony,  §  266g. 
Husband  placing  wife  in  house,  act  relating  to,  §  266g,  note. 
Husband  placing  wife  in  house  of,  guilty  of  felony,  §  266g. 
Husband  placing  wife  in  house  or  consenting  or  conniving,  wife 

may  testify,  §  266g. 
Ill-fame,  enticing  unmarried  minor  female  into  house  of,  punish- 
ment of,  §  266. 
Illicit  relation,  compelling  consent  to,  punishment  of,  §  266b. 
Importation  of  Chinese  or  Japanese  women  for  immoral  purposes, 

§  266g. 
Inveigling  female  for  prostitution,   evidence  required  to   convict, 

§1108. 
Japanese    women,    act    relating    to    importation    for    prostitution, 

§  266a,  note. 
Japanese  women,  importing  for  prostitution,  punishment  of,  §  266c. 
Jurisdiction    of   offense    of   enticing   or   taking   away   female   for, 

§  784,  subds.  3,  4. 
Jurisdction  of  offense  of  inveigling  away  infant  for,  §  784. 
Jurisdiction  of  offense  of  inveigling  or  taking  awav  female  for, 

§  784. 
Keeping  house  of,  a  misdemeanor,  §  315. 
Letting  house  for,  a  misdemeanor,  §  316. 
Living  in  house  of,  a  misdemeanor,  §  315. 
Living  in   house  of,  constitutes  vagrancy,  §  647. 
Paying  for  woman  for  purpose  of  prostitution,  a  felony,  §  266e. 
Paying  for  woman  to  place  her  in  house  against  her  will,  a  felony, 

§  266e. 
Prevailing  upon  person  to  visit,  a  misdemeanor,  §  318. 
Punishment   of,  §§  269a,   269b. 
Receiving   money   for   placing   woman    in    custody   for,    a    felony, 

§  266d. 
Reputation  as  evidence  of  character  of  house  of,  §  315. 
Sale,  etc.,  of  woman  for  immoral  purposes,  a  felony,  §  266f. 
Seduction  for  purposes  of,  punishment  of,  §  266. 
Taking   woman   by    duress   or   against    her   will   to   live    in   illicit 

relations,  punishment  of,  §  266b. 
Taking  woman  for  by  fraud,  against  her  will,  punishment,  §  266a. 
Vagrants,  prostitutes  are,  §  647. 


INDEX.  1091 

PROSTITUTION.      (Continued.) 

Wife,  permitting  or  conniving  at  remaining  in  house  of  ill-fame, 

punishment   of,  §  266g. 
Wife,  placing  of  in  house  of  ill-fame,  punishment  of,  §  266g. 

PROTEST. 

False,  punishment  for  making,  §  541. 

PROVISIONS.     See  Fooil. 

PUBLIC  ADMINISTRATOR. 

Neglect  or  violation  of  duty  by,  punishment  of,  §  143. 

PUBLICATION. 

Cartoon  or  caricature.     See  Caricature;   Cartoon. 

False    statement    in    advertisement    of    real    estate,    making   of   a 

misdemeanor,  §  G54b. 
False    statement   in    advertisement    of   real    estate,   publisher   not 

liable  for,  §  654b. 
For  not  fighting  a  duel,  a  misdemeanor,  §  229. 
Indecent,  a  misdemeanor,  §  311. 
Injurious,  presumed  to  be  malicious,  §  250. 

Libel,  liability  of  author,  editor,  or  proprietor,  §§  253,  258,  25'.t. 
Libel,  of,  what  constitutes,  §  252. 
Notice  of  application  for  pardon,  of,  §  1422. 
Notice  to  procure  abortion,  §  317. 
Privileged,  §  254. 

Proceedings  regarding  indecent,  §§  311-318. 
Offers  to  insure  lottery  tickets,  of,  §  324. 
Sealed  letters,  of,  §  618. 
Service  of  notice  of  appeal  by,  §  1241. 
Signature  to  and  punishment  for  not  signing,  §  259. 

PUBLIC  DEBT.  | 

Acts  for  funding  and  issuing  bonds  continued  in  force,  §  23. 

PUBLIC  HEALTH.     See  Health. 

Cutting  hair  of  persons  guilty  of  misdemeanor,  §  1615. 

Adulteration.     See  Adulteration. 

Animals  dead,  putting  or  permitting  to  remain  in  stream,  high- 
way', etc.,  a  misdemeanor,  §  374. 

Animals,  incinerating,  a  misdemeanor,  §  374. 

Animals,  infected,  to  be  killed,  §  4021/2- 

Animals,  offal,  putting  or  permitting  to  remain  in  stream,  high- 
ways, etc.,  a  misdemeanor,  §  374. 

Animals,  sale  of  diseased,  a  misdemeanor,  §  402. 

Bringing  diseased  animals  into  state,  a  misdemeanor,  §  402. 

Burial  without  permit,  a  misdemeanor,  §  377. 

Carcasses,  offal,  depositing  of  in  public  place,  a  misdemeanor,  §  374. 

Conspiracy  to  commit  acts  injurious  to,  punishment  of,  §  182. 

Crimes  against,  enumerated,  §  374. 

Disinfection,  failure  to  obey  rules  of  board  of  health  as  to,  a  mis- 
demeanor, §  377a. 

Exhumation  and  removal  of  dead  bodies,  regulation  of.  Appen- 
dix, tit.  "Public  Health." 

Exposing  one's  self  or  another  with  infectious  or  contagious 
disease,  a  misdemeanor,  §  394. 

Hair  of  persons  convicted  of  misdemeanor,  health  board  may  order 
to  be  cut,  §  1615. 


U)i)2  INDEX. 

PUBLIC  HEALTH.      (Continued.) 

Hospitals  for  porsons  witli  I'outa^ious  or  infectious  diseases,  main- 
tainiiiji,  a  misdemeanor,  §  373. 

-lee,  refusal  to  obey  rejjulations  of  board  of  health  to  prevent  pol- 
lution, a  misdemeanor,  §  377c. 

Neglect  or  refusal  to  perform   duties  under  li<'iil1]i   laws,  a  misde 
meanor,  §  37S. 

Pest-house,  maintaininj;-,  a  nuisance,  S  ■'>73. 

Quarantine.     See  Quarantine. 

Kules  of  board  of  health  to  i)revent  pollution  of  water,  disobedi- 
ence, a  misdemeanor,  §  3771). 

Spitting  is  a  misdemeanor,  §  372a. 

Water-closet,   maintaining  on   or  draining  into   stream   or  lake,  a 
misdemeanor,  §  374. 

PUBLIC  LANDS. 

Cutting  growing  trees  upon,  §  (JU3n. 
Destruction  of  forest  by  fire,  prevention  of,  §  3S4. 
Entering  upon   and   obtaining   settlement,   prevention   of,   punish- 
ment of,  §  420. 
Passage  through  or  over,  obstruction  of,  punishment  of,  §  420. 

PUBLIC  LIBRARY.     See  Library. 

PUBLIC  MEETING. 

Disturbing,  a  misdemeanor,  §§  58,  4u3. 

Police,  duty  of  mayor  to  order  out  to  preserve  i)eace  at,  §  7?0. 

Preventing,  a  misdemeanor,  §  58. 

PUBLIC  MONEY. 

Defined,  §  42(3.     See  Offices  and  Ofiicers. 

PUBLIC  OFFENSE. 

.     Defined,  §  15.     See  Crime.  » 

PUBLIC  OFFICER.     See  Offices  and  Officers. 

PUBLIC  PLACE. 

Malicious  or  reckless  use  of  explosives  at,  punishment  of,  §  601. 
Procuring  or  permitting  exhibition  of  females  in,  forbidden,  §  306. 

PUBLIC  RECORDS.     See  Kecords. 

PUBLIC  WORKS.     See  Hours  of  Labor;  Theaters. 

Receiving  portion  of  wages  of  laborer  on  public  works,  a  felony, 

§  633d. 
Wages,  withholding  part  from  laborer  or  subordinate  officer,  act 
relating  to,  §  653d,  note. 

PUBLISHER. 

Libel,  what  is  not,  §  254. 

Not  liable  for  false  statements  in  advertisements  of  real  estate, 
§  654b. 

PUNISHMENT.     See    Death;    Imprisonment;    Judgment;    Execution; 

Sentence. 
Accessory, §  33. 

Act  not  less  punishable  as  crime  because  a  contempt,  §  657. 
Act  not  less  punishable   because    also   punishable   under   foreign 

law,  §  655. 


INDEX.  1093 

PUNISHMENT.      (Continued.) 

Act  punishable  by  different  i)i"o\isions  of  code,  how  many  be 
punished,  §  654. 

Act  j)unishable  by  different  sections  of  code,  punishment  or  prose- 
cution under  one  is  a  bar,  §  654. 

Aggravation  of,  proof  of  circumstances  in,  how  made,  §  1204. 

Aiding  and  abetting  out  of  state  crime  committed  in  state,  liabil- 
ity, §  27. 

Attempt  to  commit  crime,  how  punished,  §  664. 

Attempt  to  commit  crime,  punishment  where  different  offense 
accomplished,  §  665. 

Civil  death  where  one  sentenced  to  life  imprisonmcjit,  §  673. 

Civil  death.     See  Civil  Death. 

Civil  rights  of  convict  are  suspended,  §  673. 

Civil  rights  suspended  during  imprisonment,  §  673. 

Civil  rights.     See  Civil  Eights. 

Credits  for  guod  behavior,  §  1588. 

Deodands,  abolished,  §  677. 

Determined  how,  between  certain  limits,  §  13. 

Duty  of  court  to  impose,  §  12. 

Felony,  punishment  of  where  not  otherwise  prescribed,  §  IS. 

Fine  may  be  added  to  imprisonment,  where  no  fine  prescribed, 
§  672. 

Foreign  conviction  of  former  offense,  effect  of.  §  668. 

Foreign  law,  where  offense  punishable  under,  §  655. 

Forfeiture  abolished,  §  677. 

Forfeiture,  conviction  not  to  work,  §  677. 

Gold  coin,  valuation  to  be  estimated  in,  §  678. 

In  general,  §  654. 

Juvenile  court.     See  Juvenile  Court. 

Labor,  requiring  prisoners  to.     See  Prisoners. 

Legal  conviction  by  court  having  jurisdiction  necessary,  §  681. 

Life  imprisonment,  discretion  as  to  where  no  limit  fixed,  §  671. 

Misdemeanor,  of,  where  not  otherwise  prescribed,  §  19. 

Mitigation  of,  in  certain  cases,  §  658. 

Mitigation  of,  proof  of  matters  in,  how  made,  §  1204. 

Offense  for  which  no  penlatv  prescribed,  punishment  of,  §§  176, 
177. 

Particular  offense.     See  particular  title. 

Persons  liable  to,  §  27. 

Preston  school  of  industry.     See  Preston  .School  of  Industry. 

Prisoners,  of,  §  1587. 

Probationary  treatment,  §§  1203,  1215. 

Probationary  treatment  of  juvenile  delinquents,  §  1388. 

Probationary  treatment.     See  Probationary  Treatment. 

Eescue  of  prisoner,  punishment  of,  §  101. 

Second  offense,  of,  §§  666,  667,  668. 

Second  term  of  imprisonment,  when  to  commence,  §  669. 

Summary  inquiry  for  mitigation  of,  §  1204. 

Temporary  release  of  prisoner,  time  does  not  count,  §  670. 

Term  of  imprisonment,  when  commence,  §  670. 

Value  to  be  estimated  in  gold  coin  in  determining  offense,  §  678. 

Whittier  state  school.     See  Whittier  State  School. 


1094  INDEX. 


QUAIL.     See  (iaiiic  Laws. 

QUARANTINE. 

l'^.\j)()siii<;'  [ii'i'soii  iiii'('('t('(l  witli  cnntagiou.s  disease,  a  inisdoiiioanor, 

§  394. 
Failure  to  confoiin  to  (luaraul  ine  rules,  a  niisdeiiipanor,  §  :'>77a. 
Masters  of  vessels  not  obeying  regulations,  punishment  of,  §  376. 
Neglecting  to  perform  duty  under,  punishment  of,  §  37S. 
Violating  health  law,  punishment  of,  §  377. 
Violating  health  laws  by  master  of  shiji,  punishment  of,  §  376. 

QUESTIONS  OF  LAW  AND  FACT. 

Fact,  questions  of  to  be  decided  by  jury,  §§  1126,  1139. 

Law,    exceptions    may    be    taken    to    decisions    on    questions    of, 

§§  1170,  1172,  1173. 
Law,  questions  of,  to  be  decided  by  court,  §§  1124,  1126,  1439. 
Libel,  jury  decides  both  law  and  fact,  §  112.5. 

QUICKSILVER. 

Counterfeiting  seal  or  stamp,  of  seller  or  manufacturer,  a  felonj', 

§  366. 
Selling  debased,  a  misdemeanor,  §  367. 
Using  counterfeited   seal   or  stamp   of   manufacturer   or   seller,   a 

felony,  §  366. 

R 

RABBITS.     See  Game  Laws. 

RACE. 

Highway,  on,  a  misdemeanor,  §  396. 

Pool-seliing  and  bookmaking,  prohibition  and  punishment,  §  337a. 
Streets  or  highways  of  unincorporated  towns,  racing  on,  punish- 
ment of,  §  415. 

RAFT. 

Of  wood,  boards  or  lumber,  burning,  injuring,  destroying  or  set- 
ting adrift,  a  misdemeanor,  §  608. 

RAIL.     See  Game  Laws. 

RAILROAD.     See  Carrier;  Street  Railway. 

Animals,  leading,  driving  or  permitting  to  remain  along  track,  a 
misdemeanor,  §  369e. 

Animals,  may  pay  for  care  and  feed  of  and  have  a  lien  for  when, 
§  369b. 

Animals,  transportation  of,  duty  to  unload,  feed  and  water,  §  369b. 

Bell,  crossing  highway  without  ringing  or  sounding  whistle,  §  390. 

Bill  of  lading.     See  Bill  of  Lading. 

Burning   property    of,    maliciously,  §  600. 

Collision,  death  from,  employee  negligently  causing,  punishment 
of,  §  369. 

Crossing  at  private  passway  and  leaving  open,  a  misdemeanor, 
§  369d. 

Debt  contracted  in  excess  of  means  valid,  §  567. 

Debt,  officer  contracting  in  excess  of  means,  guilty  of  misde- 
meanor, §§  566,  567. 

Pefacing  marks  on  wrecked  property,  a  misdemeanor.  §  355. 


INDEX.  1095 

RAILROAD.      (Continued.) 

Employee  becoming  intoxicated,  punishment  of,  §§  369f,  391. 
Employee  causing   death   through   intoxication,   guilty   of  felony, 

§  369f. 
Employees,  violation  of  duties  of,  a  misdemeanor,  §  393. 
Explosives,  putting  on  track,  guilty  of  felony,  §§  214,  218. 
Fare,  evading  or  attempting  to  evade,  a  misdemeanor,  §  587c. 
Firing  bridges,  etc.,  a  felony,  §  218. 
Fish,    regulations   governing   transportation    and   punishment    for 

violation,  §  632a.     See  Game  Laws. 
Freight-car,  meaning  of,  §  392. 

Freight-car,  placing  passenger-cars  in  front  of,  a  felony,  §  392. 
Game,  railroad  carrying,  when  guilty  of  misdemeanor,  §  627a. 
Game,  transportation  of,  regulations  governing  and  punishment  for 

violating,  §  627b.     See  Game  Laws. 
Game,  transporting  out  of  state  without  permit,  a  misdemeanor, 

§  627a. 
Gates  or  bars  at  crossings,  leaving  open,  a  misdemeanor,  §  369d. 
Injuries  to  property,  malicious,  punishment  of,  §  587. 
Interference  with,  malicious,  punishment  of,  §  587. 
Interfering  with  track,  etc.,  a  felony,  §  218. 
Intoxicated,  employee  becoming,  a  misdemeanor,  §§  369f,  391. 
Jurisdiction  of  offense  on  train.  §  783. 

Live-stock,  failure   to  unload  for  rest,  water  and  food,  a  misde- 
meanor, §  369b. 
Live-stock,  neglect  of  owner  to  pay  for  care  and  food,  right  of 

railroad,  §  369b. 
Manipulating,  tampering  or  interfering  with  railroad  appliances, 

brakes,  etc.,  §  5S7a. 
Obstructions,  putting  on  track,  punishment  of,  §§  218,  587. 
Overcharges  by  officers,  agents  or  employees  of,  punishment  of, 

§525. 
Passenger-car,  placing  in  front  of  freight,  punishment  of,  §  392. 
Police,  appointment  of  to  serve  on.     Appendix,  tit.  "Police." 
Eiding   or   driving   vehicle   along   track   or   over   right   of  way,   a 

misdemeanor,  §  369g. 
Robbery,  boarding  train  to  commit,  a  felony,  §  218. 
Robbery,  interfering  with  train  for  purpose  of,  a  felony,  §  214. 
Robbery.     See  Robbery. 

Steam-boiler,  mismanagement  of,  punishment  of,  §§  349,  368. 
Ticket,  check,  etc.,  altering,  forging,  etc.,  punishment,  §  481. 
Ticket,  check,  etc.,  restoring,  punishment,  §  482. 
Tickets,  larceny  of,  §§  493,  494. 
Tickets,  value  of,  §§  493,  494. 
Train-wrecking  a  felony,  §§  214,  218,  219, 
Train-wrecking,  punishment  of,  §  219. 
Train-wrecking,  what  constitutes,  §§  214,  218,  219. 
Trespassing  upon  locomotives,  tenders,  cars  or  trains,  punishment 

of,  §  587b. 
Value  of  passage  ticket,  larceny,  §  493. 

RAPE.     See  Prostitution. 

Assault,  with  intent  to,  punishment  of,  §  220. 

Defendant's  capacity,  must  be  proved,  when  defendant  under  four- 
teen, §  262. 
Defined,  §261. 
Drugs,  lay  means  of,  §  261. 
Essential  guilt  of,  consists  in  what,  §  263. 


lOOG  INDEX. 

RAPE,      (t'onliiuied.) 

FeiiKile  under  sixteen,  iiiterenurse  witli,  is,  §261. 

Krauil,  intcveoLirse  proeured  by,  punisliincnt  of,  §  2Gn. 

Jur^^  may  deteniiine  ]iunisliiiioiit,  of,  when,  §  2(U. 

Lunatic,  of,  §  2()1. 

Murder  in  attein|itiii<r,  degree  of,  §  ISi). 

Penetration  suilicient,  §  2(j3. 

Persomitiug  husband,  §  201. 

I'unishment  of,  §  264. 

Tlireats  or  force,  aceoinplislied  by,  §  261. 

Unconscious  female,  intercourse  Avith  is,  when,  §  261. 

What  acts  constitute,  §  261. 

RATS. 

Are  jiredatory  animals,  §  637%. 

RAZOR  CLAMS.     See  Game  Laws. 

REAL  PROPERTY. 

Coextensive  with  what,  §  7. 

False  statements  in  advertisements  of  a  misdemeanor,  §  654b. 

Landmarlcs,  defacing,  etc.,  a  misdemeanor,  §  605. 

Larceny,  severing  and  removing  part  of  realty,  §  495. 

Malicious  injuries  to  freehold,  a  misdemeanor,  §  602. 

Married  person,  selling  or  mortgaging  under  false  representations, 

punishment  of,  §  534. 
Property  includes,  §  7. 
Eetaking    possession    after    removal    bv    process,    a    misdemeanor, 

§419. 
Severing  and  removing  part  of  as  larceny,  §  495. 
Twice  selling,  punishment  of,  §  533. 

REASONABLE  DOUBT. 

Acquittal  in  case  of,  §  1096. 

Degree,  as  to,  convicts  only  of  the  lowest,  §  1097. 

RECALL. 

Misrepresentations  or  frauds  in  connection  with,  punishment  for, 

§  64b. 
Misrepresentations   or  frauds  in   connection   with  unlawful,  §  64b. 
Petition  containing  false  signatures  not  to  be  filed,  §  64b. 
Petition,  signing  name  more  than  once,  punishment  for,  §  64b. 
Petition,  signing  name  more  than  once  unlawful.  §  64b. 
Signing  fictitious  name  or  name  of  another  to,  a  felony,  §  472a. 
Signing  fictitious   name   or   name   of   another   to,   punishment   of, 

§  472a. 

RECAPTURE.     See  Escape. 

RECEIPT. 

By  officer  taking  money,  etc.,  from  person  arrested,  §  1412. 

Duplicate  must  be  marked  duplicate,  §  580. 

Duplicate,  punishment  for  not  marking  duplicate,  §  581. 

Erroneous,  issued  in  good  faith,  §  579. 

False,  for  goods,  punishment,  §§  577,  578. 

False,  for  poll-taxes,  §  431. 

False,  for  poll-taxes,  possessing,  §  432. 

Fraudulent  issue  of,  §§  577-580. 

License,  fraudulent  use  of  receipts  for,  §§  431,432. 

Payment  of  tax  or  license,  failure  to  give  receipt  on,  §  431. 


INDEX.  1097 

RECEIPT.      (Contiiiued.) 

Poll-tax,  collecting  without  giving,  a  misdemeanor,  §  431. 

Eoad  tax,  for.     See  Tax. 

Search-warrant,  for  property  taken  under,  §  1535. 

Tax,  for,  fraudulent  use  of  "receipts  for,  §§  431,432, 

Warehouse,  fictitious,  §§  578-580. 

RECEIVING  STOLEN  GOODS.     See  Larceuy. 

Jurisdiction  on  receiving  stolen  property  and  bringing  into  state, 
§  789. 

RECOMMITMENT.     See   Probationary   Treatment. 
Arrest,  how  made,  §  1312. 
Bail  after,  how  put  in,  §  1317. 
Bail,  given  on,  qualifications  of  sureties,  §  1317. 
Bail  in  ease  of,  who  may  take,  §  1315. 
Bail  may  be  given,  when  and  when   not,  §§  1313,  1314. 
Bail  on,  how  taken,  §  1317. 
Contents  of  order  for,  §  1311. 

Defendant,  whether  may  again  be  admitted  to  bail,  §§  1313,  1314. 
Form  of  undertaking  on,  §  1316. 
If  for  failure  to  appear  for  judgment,  defendant  to  be  committed, 

§  1313. 
May  be  arrested  in  any  county,  §  1312. 
Of    defendant    after   admission    to    bail,    in    what    cases    ordered, 

§  1310. 

RECONSIDERATION. 

Of  verdict  of  guilty  may  be  directed,  when,  §  1161. 

RECORDER'S  COURT. 

Included  in  definition   of  police  court,  §  1461, 

RECORDING. 

Verdict,  §  1164. 

RECORDS, 

Action,  of,  what  constitute,  §  1207. 

Adding  names  to  jury  lists,  a  felony,  §  116. 

Alteration  of  is  forgery,  §  471, 

Appeal,  record  on.     See  Appeal. 

Clerk,  time  for  transmission  of  papers  to  appellate  court,  §  1246. 

Clerk  to  transmit  copies  of  what  papers  to  appellate  court  without 

charge,  §  1246. 
Deaths,   registration    o£,    violation    of    statute    as   to,    punishment 

of,  §  377. 
Destroying,  punishment  of,  §§  113,  114. 
False  entries  in,  a  forgery,  §  471. 

False  instrument,  offering  for  record,  a  forgery,  §  115. 
False   or  forged  instruments,   offering  for  record,  a  felony,  §  115. 
False,  preparing  for  use  on  trial,  §  134. 
Falsification  of,  no  limit  of  time  for  prosecution,  §  799. 
Falsifying  jury  lists,  felony,  §  117. 
Falsifying,  punishment  of,  §§  113,  114. 

Forged  or  false  instrument,  offering  for  record,  a  felony,  §  115, 
Forgery  of,  §  470, 

Grand  jury  entitled  to  access  to  without  charge,  §  924. 
Mutilating,  destroying  or  taking  away,  punishment  of,  §S  76,  li:i. 
Probation  officer,  of.     See  Probationary  Treatment. 


lU'JS  INDEX. 

RECORDS.      (ContiiuiiMl.) 

I'ulilio.    no    liniitiition    of    tiitic    to    jiroscciitc    for    falsifif'atioii    of, 

§799. 
Refusal  of  ofTifer  to  surrender  to  successor,  punishment  of,  §  76. 
Stealiufj,    mutilating,    destroj'ing,    or    falsifying,    punishment    of, 

§§113,  114. 
What  papers  constitute  record  in  case,  §  1207. 

REDEMPTION. 

Sal(>  by  pawnbroker  before  time  of  expires,  a  misdemeanor,  §  341. 

REFEREE. 

Bribery  of,  punishment  of,  §  92. 

Contempt  before,  what  constitutes,  §  166. 

Influence,  improper  attempts  to,  punishment,  §  9.1. 

Tntimidation  of,  punishment  of,  §  95. 

IMaking  promise  or  agreement  to  give  decision,  punishment  of, 
§  96. 

Misconduct  of,  punishment  of,  §  96. 

Eeceiving  bribe,  punishment  of,  §  93. 

Eeceiving  communication  other  than  in  regular  proceeding,  pun- 
ishment of,  §  96. 

REFERENCE. 

Bribe,  referee  asking,  receiving  or  agreeing  to  receive,  punishment 
of,  §  93. 

REFERENDUM. 

Misrejiresentation  or  frauds  in  connection   with,  punishment  for, 

§  64b. 
Misrepresentations  or  frauds  in   connection  with  unlawful,  §  64b. 
Petition   containing  false  signatures   not  to  be  filed,  §  64b. 
Petition,  signing  name  more   than   once,   punishment  for,  §  64b. 
Petition,  signing  name  more  than  once  unlawful,  §  64b. 
Signing  fictitious  name  or  name  of  another  to,  a  felony,  §  472a. 
Signing  fictitious   name    or   name    of   another   to,   punishment   of, 

§  472a. 

REFORMATORY.  See  House  of  Correction;  Juvenile  Court;  Proba- 
tionary Treatment;  Preston  School  of  Reform;  Whittier  State 
School. 

Communicating  with  inmate,   a  misdemeanor,  §  171. 

Discharged  prisoner  coming  upon  grounds  in  night,  a  felony, 
§  171b. 

Drugs,  liquors,  weapons  or  explosives,  bringing  into,  a  felony, 
§171a. 

Escape  from,  carrying  into  things  to  aid  in,  punishment  of,  §  110. 

Escape  from,  punishment  for  assisting  in,  §  109. 

Evil-minded  person,  vagrant,  etc.,  communicating  with  inmates, 
a  misdemeanor,  §  171c. 

Evil-minded  persons,  act  to  prevent  coming  into  or  on  grounds 
of,  a  misdemeanor,  §  171c. 

Expenses  of  infant  delinquent  at,  §  1388. 

Intoxicating  liquor,  selling  or  giving  away  of  within  certain  dis- 
tance of,  punishment  of,  §  172. 

Letter,  writing  or  reading  matter,  taking  to  or  from,  a  mis- 
demeanor, §  171. 

Liquor,  sale  of  within  two  miles  of,  a  misdemeanor,  §  172. 

Prisoners  to  be  discharged  on  Monday,  §  28. 

Probationary  treatment  of  iuvenile  delinquents,  §  1388. 


INDEX.  1099 

REFORMATORY.      (Continued.) 

Punishment,  cruel,  forbidden,  §  681. 

Punishment,  what  methods  of  forbidden,  §  681. 

Sending  juvenile  offenders  to,  §  1388. 

Warden  of,  record  of  punishments,  duty  as  to,  §  1578,  subd.  6. 

Weapons,  act  to  prevent  bringing  on  grounds  of,  §  171a,  note. 

Weapons,  bringing  into,  punishment  of,  §  171a. 

REGISTRATION.     See  Elections. 

Deaths,   registration   of,   punishment   for   violation   of   statute   as 

to,  §  377. 
Fraudulent,  of  animals,  a  misdemeanor,  §  537a. 

REINDEER.     See  Game  Laws. 

RELIGIOUS  MEETING. 

Camp-meeting.     See  Camp-meeting. 
Disturbing,  a  misdemeanor,  §  302. 

REMEDY. 

Civil,  for  criminal  acts,  preserved  by  code,  §  9. 

REMITTITUR. 

Judgment,  when   and  how  remitted,  §  1264. 
.Jurisdiction  ceases  after,  §  1265. 

REMOVAL  OF  ACTION.     See  Venue. 

REMOVAL  OF  OFFICER.     See  Impeachment;  Offices  and  Officers. 

REPEAL. 

Acts  preserved  from,  by  code,  §  23. 

REPORTER. 

Judicial    officer    receiving    part    of    salary    of,    guilty    of    misde- 
meanor, §  94. 

REPRESENTATIONS. 

False.     See  Fraud. 

REPRIEVE. 

Commutation.     See   Commutation. 

Governor  cannot  grant  in  what  eases,  §  1417,  1418. 

Governor  may  grant  in  what  cases,  §  1417. 

Governor   to   communicate   facts   of   to   legislature,  §  1419. 

Impeachment,  cannot  be  granted  in  case  of,  §§  1417,  1418. 

In  general,  §§  1417-1422. 

Pardon.     See  Pardon. 

Treason,  power  of  governor  as  to,  §§  1417,  1418. 

Treason,  power  of  legislature  as  to,  §  1418. 

Where  prisoner  twice  convicted  of  felony,  §  1418. 

REPUTATION. 

As  evidence  of  character  of  house  of  prostitution,  §  315. 

RESCUE.     See  Escape. 

Breaking  doors  or  windows  to  retake   prisoner  rescued,  right  of, 

§855. 
Insurrection,  aiding  after  declaration  of,  punishment  of,  §  411. 
Of  prisoners,  punishment  of,  §  101. 
Retaking  person  rescued,  §§  854,  855. 


IIUU  INDEX. 

RESERVOIR. 

Malicious  injury  to,  2)uiiislinient  of,  §§  592,  (J07. 
Taking  water  from  or  obstructing,  a  misdemeanor,  §  592. 

RESIDENTS. 

Clinics  committed  out  of  state  when  jiuiii.slialile  in  state,  §  27. 

RESISTANCE. 

Public  officer,  to,  punishment  of,  §§  69,   148. 

Service  of  process  in  county  in  state  of  insurrection,  of,  punish- 
ment for,  §  411. 
To  crime,  lawful,  extent  of,  §§  693,  694. 

To  crime,  lawful,  when  and  by  whom  may  be  made,  §§  692-694. 
To  service  of  process,  overcoming,  §§  723-728,  732. 

RESOLUTION.     See  Legislature. 

RESTRAINING  ORDERS. 

Use  of  liniitcMl  in   disputes  between   master  and  serxaiit.     A|i[icii- 
dix,  tit.  "Conspiracy." 

RESTRAINT. 

What  degree  of,  allowed  before  conviction,  §  688. 
What  degree  of,  allowed  of  party  arrested,  §  835. 

RESUBMISSION. 

After  discharge,  arrest  of  judgment  on,  §  1188, 
Because  facts  do  not  constitute  offense,  §  1117. 
Of  case  after  dismissal  of  indictment,  §  942. 
Of  case  after  indictment  set  aside,  §§  997-999. 
When  demurrer  allowed,  §§  1008-1010. 

RETAKING. 

Goods  from  custody  of  officer,  a  misdemeanor,  §  102 

RETROACTIVE. 

Code  not,  §  3. 

RETURNING. 

To  lands  after  removal  by  process,  a  misdemeanor,  §  419. 

RETURNS.     See  Elections. 

False  return,  perjury  whether  oath  taken  or  not,  §  129. 

REVENUE.     See  Ascessor;  Tax. 

Board  of  examiners  neglecting  duties  concerning,  a  felony,  §  441. 
Obstructing  collection  of,  a  misdemeanor,  §  428. 
Officer  connected  with,  refusing  inspection  of  books,  punishment 
of,  §  440. 

REWARDS, 

Amount  that  may  be  offered,  §  1547. 

Extradition,  for,  none  to  be  paid,  §  1558. 

For  fugitive  from  justice,  power  of  governor  to  offer,  §  1547. 

Governor,  when  may  offer  for  criminal,  §  1547. 

Offenses  for  which  may  be  offered,  §  1547. 

Officer  taking  for  appointment  or  deputation,  punishment  of,  §  74. 

Receiving  for  arresting  fugitive,  a  misdemeanor,  §  144. 

When  payable,  §  1547. 

RING-TAIL  CATS. 

Are  predatory   aninials.  S  •'•''"' -j- 


INDEX.  1101 

RIOT. 

Arrest  of  rioters  not  dispevsjiiy,  §  727. 

Commanding  assistiinee  by  officers  in  ser\  iiig  process,  §  72;i. 

Contempt,  resisting  service  of  process,  §  724. 

Defined,  §  404. 

Governor  may  revoke  proclamntinn  of  insurrection,  §  733. 

Homicide  in  suppressing,  justifiable,  §  197. 

Insurrection.     See  Insurrection. 

Jurisdiction  of  justice's  courts  over,  §  1425. 

Magistrate    or   officer   refusing   or   neglecting   to   disperse   rioters, 

guilty  of  misdemeanor,  §  410. 
Magistrates  and   officers  to   command  rioters  to  disperse,  §  726. 
Magistrates  or  officers  to  arrest  rioters  not  dispersing,  §  726. 
Military  companies,  unlawful,  §  734. 

Military,  governor  to  order  out  to  aid  in  executing  process,  §  725. 
Names  of  persons  resisting  process,  certifying  to  court,  §  724, 
Punishment  of,  §  405. 

Kemaining  at  after  warning  to  disperse,  §  409. 
Rout.     See  Eout. 

Suppress,  officer  may,  to  prevent  crime,  §  697. 
Unlawful  assembly,  defined,  §  407. 

RIVER,     See  Waters. 

ROAD.     See  Highway. 

Maintaining,  for  remuneration  without  authority,  §  386. 
Private,  injury  to  or  to  bridges  on,  punishment  of,  §  588, 

ROAD  TAX.     See  Tax. 

ROBBERY. 

Assault  with  intent  to  commit,  punishment  of,  §  220. 

Bringing  stolen  property  within  state,  liability  to  punishment,  §  27. 

Defined,  §  211. 

Fear  that  may  be  an  element  in,  §  212. 

.Turisdiction   where  property   brought   into    county,   from   another 

county,  §  786. 
Kidnaping,  with  view  to,  punishment  of,  §  209. 
Murder  in  committing,  degree  of,  §  189. 
Punishment  of,  §  213. 
Eailroad    or    train,    interfering    with    for    purpose    of    robbery,    a 

felony,  §  214. 
Stolen  property,  bringing  into  state,  §§  27,  497,  789. 
Train  robbery,  a  felony,  §  214. 
Train  robbery,  what  constitutes,  §  214. 

ROBINS.     See  Game  Laws. 

RODEOS. 

Effect  of  code  on  statute  regulating,  §  23. 

ROLL. 

Judgment-roll,  what  papers  constitute,  §  1207. 

ROUT.     See  Riot. 
Defined,  §  406. 

Insurrection.     See  Insurrection. 
.Jurisdiction  of  justice's  court  over,  §  1425. 

Magistrate    neglecting    or    refusing   to    disperse,    a    misdemeanor, 
§410. 


.1102  INDEX. 

ROUT.      (Coutinucd.) 

I'luiislinicnt   of,  §  408. 

Refusal  to  {lis[)t'rKe  on  coiiiiiiajid,  a  misdemeanor,  §  416. 

Remaining  at,  after  warning  to  disperse,  a  misdemeanor,  §  409. 

Unlawful  assembly,  defined,  §  407. 

Unlawful  assembly,  ottieer  neglecling  or  refusing  to  disperse,  a 
misdemeanor,  §  410. 

Unlawful  assembly,  punishment,  §  408. 

Unlawful  assemblage,  remaining  after  warning  to  disperse,  pun- 
ishment of,  §  409. 

s 

SACRAMENTO  PERCH.     See  Game  Laws. 

SACRAMENTO  RIVER. 

Limits  of  tide  water  in,  §  634. 

SAGE-HEN.     See  Game  I;aws. 

SAILOR.     See  Seamen;  Shipping;   Soldiers  and  Sailors. 

SAILOR  BOARDING-HOUSE.     See  San  Franoisoo. 

Violation    of    provisions    of    code    concerning,    in    San    Francisco, 

§643. 

SAILORS'  HOME.     See  Soldiers'  Home. 

Liquors,  sale  of  within  one  mile  and  a  half  of,  §  172. 

SALARY.     See  Ofiicers;  Wages. 

Receiving   part    of   subordinate's,   by   judicial   oflficer,   punishment 

of,  §  94. 
Retaining  part  of  salary  of  clerk  or  deputy,  a  felony,  §  74a. 

SALES. 

Adulterated  food,  misdemeanor,  §  382. 

Coal,  misrepresentation  in  sale  or  exchange  a  misdemeanor,  §  556. 

False  labels  on  goods,  penalty  for  affixing,  §  349a. 

False  statements  as  to  cjuality  of  goods,  a  misdemeanor,  §  654a. 

False  weight,  giving,  a  misdemeanor,  §  555. 

Fraud,  practicing  to  affect  market  price,  a  misdemeanor,  §  395. 

Fraudulent,  by  debtor,  punishment  of,  §§  154,  531. 

Fraudulent,  by  married  person,  a  felony,  when,  §  534. 

Full  weight  to  be  given,  §  555. 

Goods  received  for  transportation  or  storage,  sale  of,  punish- 
ment of,  §§  581,  583. 

Labels,  false,  on  goods  sold,  penalty  for  affixing,  §  349a. 

Land,  selling  twice,  punishment  of,  §  533. 

Of  convict-made  goods,  a  misdemeanor,  §  679a. 

Of    goods    with    counterfeit    trade-mark,    a    misdemeanor,  §  351. 

Penalty  for  officers  purchasing  at  sale,  §  71. 

Putting  in  extraneous  substance  to  increase  weight  a  misde- 
meanor, §  381. 

Real  estate,  false  statements  in  advertisements  of,  a  misdemeanor, 
§  654b. 

With  intent  to  defraud,  punishment  of,  §  155. 

SALMON.     See  Animals;  Game  Laws. 

SALOON.     See  Intoxicating  Liquors. 

Infant  under  eighteen,  permitting  to  visit,  punishment  of,  §  397h. 


INDEX.  1103 

SALOON.     (Coutinued.) 

Payment  of  wages  to  emploj-ec  in  saloon,  a  misdemeanor,  §  680. 
Permitting  minors  to  gamble,  in,  a  misdemeanor,  §  336. 
Sending  infant  under  eighteen  to,  a  misdemeanor,  §  273f. 

SALVAGE. 

Retaining  wrecked  property  after  paid,  §  514. 

SAN  ANTONIO  CREEK. 

Fish  not  to  be  caught  by  seines,  nets  or  weirs  in.  Appendix, 
tit.  "Fish." 

SANDHILL  CRANE.     See  Game  Laws. 

SAN  DIEGO. 

False  Bay,  act  to  prevent  fishing  by  means  of  weirs,  dams,  nets, 
traps  or  seines  in.     Appendix,  tit.  "Fish." 

SAN  FRANCISCO. 

Act  relating  to  Home  of  Inebriates  in,  continued  in  force,  §  23. 

Collecting  tolls  or  wharfage  without  authority  of  harbor  com- 
missioners, a  misdemeanor,  §  642. 

Goods  saved  from  fire,  failure  to  notify,  punishment,  §  500. 

Removing  proiiertj-  from  wharves  without  authority  of  harbor 
commissioners,  a  misdemeanor,  §  642. 

Sailor  boarding-houses  or  shipping  ofiices  in,  receiving  reward 
other  than  provided  in  license  issued  under  provisions  regu- 
lating, a  misdemeanor,  §  643. 

Sailor  boarding-houses  or  shipping  ofiices  in,  violation  of  code 
provisions  relating  to,  a  misdemeanor,  §  643. 

Stenographer  in  for  coroner.     Appendix,  tit.  "Coroners." 

Unlawful  interment,  a  misdemeanor,  §  297. 

SAN  FRANCISCO  HARBOR. 

Police  regulations  of,  violating,  §  643. 

SAN  JOAQUIN  RIVER. 

Limits  of  tide  water  in,  §  6^4. 

SAN  LEANDRO  CREEK. 

Fishing  in  forbidden.     Appendix,  tit.  "Fish." 

SAN  QUENTIN.     See  Prison. 

SANTA  BARBARA  CHANNEL. 

Protection  of  seals  and  sea-lions  in,  §  637c. 

SANTA  CATALINA  ISLANDS. 

Fishing  near.     See  Game  Laws. 

SAVINGS  BANK.     See  Bank, 
SAW-LOG.     See  Log. 

SAWS. 

Driving  substances  into  wood  that  will  injure  saws,  a  felony, 
§  593a. 

SCAFFOLDING.  « 

Destroying  or  removing  notice  of  unsafety,  a  misdemeanor,  §  402c. 
Inspection  of,  obstruction  of  officer,  a  misdemeanor,  §  402e. 
Unsafe,  erection  of,  a  misdemeanor,  §  402c. 


1104  INDEX. 

SCALES.      Set'  Wcij^lits  and  Measures. 

SCHOOL  DIRECTOR. 

I'iiMlgc  ipf  (u-  by,  puiiisluiit'iit   of,  §§  oiia,  56. 

SCHOOL  OF  INDUSTRY.     See  Preston  SHiool  of  ludustry. 
SCHOOL  OF  REFORM.     800  Wliittior  State  School. 

SCHOOLS. 

Hazing.     Sec  Hazing. 

Teacher,  abuse  of,  a  misdemeanor,  §  653b. 

Training.     See  Reformatories. 

SCRIP. 

Otiicer  dealing  in,  iiunislunent  of,  §  71. 

SCREENS. 

I'himes,   ditches,   canals,   etc.,   screens   before   inlets   of,  provision 
relating  to,  §  629. 

SEA-GULLS. 

Protection  of  in  vicinity  of  Santa  Monica,  §  599,  note. 
Shooting,  trapping  or  injuring,  §  599. 

SEAL. 

Forger}^  of,  what  constitutes,  §  472. 

Habeas   corpus,   writs,   warrants   and  process   on   must   be   sealed, 

§  1503. 
How  made,  §  7. 
Includes  what,  §  7. 

Possession  of  forged  seal  when  is  forgery,  §  472. 
Private,  §  7, 
(Quicksilver,  counterfeiting  seal  or  stamp  or  using  counterfeited,  a 

felony,  §  366. 
Scroll  of  pen,  §  7. 

SEALED  LETTER. 

Opening,  reading  or  publishing,  a  misdemeanor,  §  618. 

SEA-LIONS.     See  Game  Laws. 

SEAMEN.     See  Shipping. 

Provision  as  to  desertion  repealed,  §  644. 

SEA-OTTER.     See  Game  Laws. 

SEARCH. 

Of  defendant,  when  ordered,  §  1542. 

SEARCH-WARRANT, 

Affidavit,  to  be  supported,  by,  §  1525. 

Affidavit  to  inventory,  §  1537. 

Affidavit  to  support,  form  of  and  what  to  contain,  §  1525. 

Breaking  open  doors,  etc.,  in  serving,  §  1531. 

Breaking    open   doors    to    liberate    one    acting   in    aid    of    officer, 

§  1532. 
Custody  of  property  taken,  §  1536. 
Defined,  §  1523. 
Depositions    of    complainant    and    witnesses    to    be    taken    before 

issuing,  §  1526. 
Depositions  to  be  reduced  to  writing  and  subscribed,  §  1526. 


INDEX.  1105 

SEARCH-WARRANT.      (Continued) 

Depositions,  what  to  contain,  §  1.527. 

Directed  to  whom,  §  1528. 

Embezzled  ]>roperty,  issuing  for,  §  1524. 

Evidence,  hearing,  where  grounds  for  controverted,  §  1539. 

Examination  of  complainant  and  witnesses  before  issuing,  §§  1526, 
1527. 

Form  of,  §§  1523,  1528,  1529. 

Grounds  for  controverted,  proceedings   on,  §  1539. 

Grounds  for  issuing,  §§  1524,  1528. 

Inventory,  affidavit  of  officer  to,  §  1537. 

Inventory,  how  and  in  whose  presence  made,  §  1537. 

Inventory,  oath  to,  form  of,  §  1537. 

Inventor^'  of  property  taken,  copy  of,  to  whom  delivered,  §  1538. 

Inventory  of  property  to  be  delivered  to  magistrate,  §  1537. 

Inventory,  verification  of,  §  1537. 

Issuance,  grounds  for,  §§  1524,  152S. 

Issue,  when  will,  §§  1524,  1528. 

Issues  only  on  probable  cause,  §§  1525,  1540. 

Maliciously  and  without  probable  cause,  procuring,  a  misde- 
meanor, §  170. 

Probable  cause,  necessary  to  issuance  of,  §§  1525,  1540. 

Probable  cause,  procuring  without,  a  misdemeanor  when,  §  170. 

Proceedings,  if  grounds  for  warrant  controverted,  §  1539. 

Proceedings  if  magistrate  without  power  to  inquire  into  offense, 
§  1541. 

Property  may  be  taken  from  what  place,  §  1524. 

Property  may  be  taken  from  whom,  §  1524. 

Property,  restored,  when,  §  1540. 

Property,  taken,  how  disposed  of,  §  1536. 

Eeceipt  for  property  taken,  to  be  given,  §  1535. 

Eeceipt,  what  to  specify,  §  1535. 

Keceipt  where  left  in  absence  of  person,  §  1535. 

Restored,  property,  when  will  be,  §  1540. 

Returned,  to  be  forthwith  to  magistrate,  §  1541. 

Returning  of  depositions,  warrant  and  inventory,  §  1541. 

Return  of  warrant  and  delivery  of  inventory  of  property,  §  1537. 

Return,  time  for,  §  1534. 

Search  of  defendant,  when  ordered,  §  1542. 

Service  at  night  may  be  directed  when,  §  1533. 

Service,  by  whom  may  be  made,  §  1530. 

Service  generally  to  be  in  daytime,  §  1533. 

Service  of,  breaking  open  doors,  etc.,  in  liberating  one  aiding  in 
serving,  §  1532. 

Service  of,  breaking  open  doors,  etc.,  in  serving,  §  1532. 

Service,  time  within  which  to  be  made,  §  1534. 

Sign,  magistrate  must,  §  1528. 

Testimony,  taking  of  if  grounds  of  warrant  are  controverted, 
§  1539. 

Testimony  to  be  reduced  to  writing  and  authenticated,  §  1539. 

Time  for  executing  and  returning,  §  1534. 

Void  unless  executed  within  ten  days,  §  1534. 

Warrant  with  depositions,  etc.,  to  be  returned  to  court  if  magis- 
trate without  authority  to  hear,  §  1541. 

AVhen  to  issue,  §s  1524,  1528. 

SEA-WALL. 

Injury  to,  punishment  of,  §  607. 
Pen.  Cod.i — 70 


HOG  INDEX. 

SECOND    CONVICTION.     See    I'diiult    .loopiird}-;    Prior    Conviction; 
Socond  UlVcn.so. 

SECOND  OFFENSE. 

Foreign  eouvictiou  of  former  offense,  effect  of,  §  668. 

Previous  conviction,  finding  on,  §  1158. 

Pimisluiiont  of,  §S  (J-J4,  666,  667,  66S,  669. 

Piinisliinent  on  cluirge  of  circulating  paper  money,  §  648. 

Second  term  of  imprisonment  to  begin  when,  §  669. 

SECOND  PROSECUTION.     See  Former  Jeopardy. 
Prohibited,  §  687. 

SECRET. 

Threat  to  expose  is  extortion,  §  519. 

SECRETARY. 

Federal    executive,    offenses    against,    punishment    of.     Appendix, 
tit.  "Conspiracy." 

SECRETARY  OF  STATE. 

Copies  of  act  forbidding  sale  of  tobacco  to  minors  under  eighteen. 

to  furnish,  §  308. 
Impeachment,  liable  to,  §  737. 

SECRET  SOCIETY. 

Wearing  badge  of,  a  misdemeanor,  §  538b. 

SECTION. 

Declaring  crimes  punishable,  duty  of  court,  §  12. 
Meaning  of,  §  7. 

SECURITY. 

Appearance  of  defendant,  for,  §  862. 
Appearance  of  witness,  for,  §§  879-882. 
Peace,  to  keep,  §§  701-714.     See  Peace. 

SEDUCTION.     See  Prostitution. 
Evidence  of,  §  1108. 

Promise  to  marry,  under,  punishment  of,  §  268. 
Prosecutrix  must  be  corroborated,  §  1108. 
Prostitution,  for  purpose  of,  punishment  of,  §  266. 
Punishment  of.     Appendix,  tit.  "Seduction." 
Subsequent  marriage  of  parties,  effect  of,  §  269. 

SEINE.     See  Game  Laws. 

SEIZURE. 

Without  process,  a  misdemeanor,  §  146. 

SELF-DEFENSE,  bare  fear  not  to  justify  killing,  §  198. 
Homicide  in,  justifiable,  §  197. 

Lawful  resistance  to  crime,  extent  of  right  of,  §§  693,  694. 
Lawful  resistance  to  crime,  who  may  make,  §§  692,  693. 

SENATE.     See  Impeachment.  ^     .  ks  ro    rii/ 

Candidate  for,  bribing  legislator,  punishment  of,  §§  63,  63 ^A. 

SENTENCE.     See  Imprisonment;  Judgment;  Punishment. 

Accessory,  punishment  of,  §  33.  .^        •  v         „ 

Aggravation    or    mitigation    of,    presenting    matter    m,    when    a 
contempt,  §  166. 


INDEX.  1107 

SENTENCE.      (Continued.) 

Aggravation    or    mitigation    ot,    proof    of    circumstances    in,    how 

made,  §  1204. 
Arraignment  for,  and  proceedings  on,  §  1200. 
Attempt  to  commit  crime,  how  punished,  §  664. 
Attempt    to    commit    crime,    punishment    where    different    offense 

accomplished,  §  665. 
Causes  which  may  be  shown  against,  §  1201. 
Civil  death  of  one  sentenced  to  life  imprisonment,  §  674. 
Civil  death.     See  Civil  Death.  • 

Civil  rights  of  convict  are  suspended,  §  673. 
Civil  rights.     See  Civil  Eights. 
Contempt,    presenting    matter    in    aggravation    or    mitigation    of, 

when  is,  §  166. 
Contempt,  punishment  for,  as  mitigation  of  sentence,  §  658. 
Credits,  forfeiture  of,  §  1588. 
Credits  for  good  behavior,  §  1588. 

Credits  for  good  behavior,  records  of  prisoners,  §  1588. 
Credits  of  prisoner  in  county  jail  for  good  behavior,  §  1614. 
,       Death,  proceedings  where  defendant  insane,  §§  1221-1224. 
Death,  proceedings  where  defendant  pregnant,  §§  1225,  1226. 
Defendant  in  custody,  how  brought  in  for,  §  1194. 
Degree  of  crime,  court  must  determine,  on  plea  of  guilty,  §  1192. 
Directors   may   make   rules   governing   credits   for   good   behavior, 

§  1592. 
Duty  of  court  in  general,  §  12. 
Execution  of.     See  Execution. 
Facts   concerning  prior  record   of   defendant   to   be  inquired   into 

before  pronouncing,  §  1192a. 
Felony,  punishment  of,  where  not  otherwise  prescribed,  §  18. 
Fine   may   be   added  to  imprisonment,   where   no   fine   prescribed, 

§672. 
Fine.     See  Fine. 

Foreign  conviction  of  former  offense,  effect  of,  §  668. 
Gold  coin,  valuation  to  be  estimated  in,  §  678. 

Inquiry   into   record   of   defendant   and   cause   of   crime   and   pro- 
ceedings on.     See  Judgment. 
Insanitv   of   defendant,   showing   of   against   and   proceedings   on, 

§  1201. 
Juvenile  court.     See  Juvenile  Court. 
Juvenile  offenders.     See  Juvenile  Court. 

Life,  imprisonment  for,  discretion  as  to  where  no  limit,  §  671. 
Limits  of,  §  13. 

Parole  of  prisoners.     See  Parole. 
Particular  offense.     See  particular  title. 
Presence  of  defendant,  necessity  of,  §  1193. 
Preston  school  of  industry.     See  Preston  School  of  Industry. 
Probationary  treatment,  defendant  fulfilling  conditions  permitted 

to    withdraw    plea    of    guilty    and    enter   plea   of   not   guilty, 

§  1203. 
Probationary   treatment,    defendant   fulfilling   conditions,    setting 

aside  verdict  and  dismissing  accusation,  §  1203. 
Probationary  treatment,   defendant   may  be  placed   on   probation 

on  plea  or  verdict  of  guilty  §  1203. 
Probationary   treatment,   inquiry   into   aggravation,   or    mitigation 

of  punishment,  §  1203. 
Probationary  treatment,  investigation  by  probation  officer,  §  1203. 
Probationary  treatment  of  juvenile  delinquents,  §  138,8. 


11  OS  INDEX. 

SENTENCE.      (Cunt  iiiiUMl.) 

I'rohationary    treatincnt    on     juiljiincnl    ot'    fine    ami    i  iii|irisoiinii'ii1 , 

§§  120:5,' 121.-). 
I'r()l)ati()iiary  treat  itu'iit,  jiouor  nC  cdiirt    to  ri'vuke  or  inoilil'v  onlcr 

of  suspension,  S  121)1!. 
I'roliatioiiary  treatment,  re\-ocatiiiii   of  jiroliation  and  cominitnient 

to   i)rison,  §  120:5. 
Probation,     rearrest     of     dcfenilant     and     iironuinudiig     judgment, 

§§  1203,  1215. 
Probation,  revocation,  suspension  or  modification  of,  §§  1203,  121.5. 
Probation,   suspension     of    sentence    and     placing    defendant   on, 

§  1203. 
Probation,  termination  of,  and  discharge  of  defendant,  §  1203. 
Probation.     See   Probationary  Treatment. 
Proceedings    where    defendant    under    death    sentence    pregnant, 

§§122.5,  1226. 
Punishment  between  certain  limits  determined  how,  §  13. 
Reformatories.     See  Reformatories. 
Second  oii'euse,  §§  654,  666,  667,  668,  669. 
Second  term  of  imprisonment,  when  to  commence,  §  69. 
Temporary  release  of  prisoner,  time  not  to  be  computed,  §  670. 
Time  for  pronouncing,  extending  of,  to  determine  motion  for  new 

trial  or  in  arrest,  §  1191. 
Time  for  pronouncing,  extending  where  probation   or  insanity  of 

defendant  suggested,  §  1191. 
Time  for  pronouncing  judgment,  §  1191. 

Unexecuted  judgment   of  death,  carrying  into  effect,  §  1227. 
Unexecuted  sentence  of  death,  order  carrying  into  effect  not  ap- 
pealable, §  1227. 
Whittier  state  school.     See  "V^'hittier  State  School. 

SEPARATE  TEIALS. 

Where  defendants  jointly  indicted,  §  1098. 

SEPULTURE.     See  Cemetery. 

SERVANT.     See  Employee;  Master  and  Servant. 
Embezzlement,  when  guilty  of,  §  504,  508. 
Homicide  in  defending,  justifiable,  §  197. 

SERVICE. 

Articles  of  impeachment,  of,  §§  740,  741. 

Bench-warrant,  of,  §§  936,  983,  1198. 

Coroner's  warrant,  of,  §  1519. 

Interrogatories  and   cross-interrogatories,   of,  §  1335. 

Notice  of  appeal,  of,  §  1241. 

Notice  of  application  for  bail,  of,  §  1274. 

Prisoner,  how  made  on  and  duty  of  sheriff  on,  §  1609. 

Search-warrant,  of,  §§  1530-1532. 

Subpoena,  of,  §  1328. 

Summons  on  corporations,  of,  §  1392. 

Warrant  of  arrest  by  telegraph,  of,  §  850. 

Warrant  of  arrest  in  another  county,  of,  §  820. 

Writ   of  habeas  corpus,   of,  §  1478. 

SERVICES. 

False  pretenses,  obtaining  by.  punishment  of,  §  532. 

SERVITUDE.     See  Involuntary  Servitude. 

Holding  one  in  involuntary,  a  felony,  §  181. 


1NI)L..\  1109 

SETTING  FIRE.     See  Fire. 

SEX  PERVERSIONS. 

Are  felonies,  §  2SSa. 
Punishment  for,  §  2SSa. 

SHAD.     See  Game  Laws. 

SHADE-TREES.     See  Growing  Trees. 
Injuring,  §  622. 

SHARE  OF  STOCK.     See  Corporations. 

SHELLFISH.      See  Game  Laws. 

SHERIFF. 

Absence  of,  commitment  may  be  to  peace-officer,  §  SGIL 

Answerable  for  safe-keeping  of  federal  prisoners,  §  1602. 

Arrested  person,  delay  in  taking  before  magistrate,  §  145. 

Commitment  to,  for  examination,  form  of,  §  S63. 

Compensated  for  transjiorting  prisoners  to  state  prison,  §  loS6. 

Compensation  for  transporting  insane  prisoner  to  asylum,  §  1587. 

Custody  of  jury,  duty  of  officer  having,  §§  1121,  1128,  1440. 

Custody  of  jury,  oath  of  officer  having,  §§  1121,  1128,  1440. 

Death  sentence,  duty  respecting,  §§  1229,  1230. 

Defendant  delivered  into  custody  to  be  held  by,  §  1286. 

Duty  of,  on  receiving  copy  of  judgment  of  imprisonment,  §  1216, 

Duty,  where  certificate  of  probable  cause  served,  §§  1244,  1245. 

Escape,  suffering  convicts  to,  §  108. 

Execution  of  judgment.     See  Execution. 

Federal,  duty  and  liability  of  sheriff  as  to,  §§  1601,  1602. 

Fines  or  forfeitures,  failure  to  pay  over,  a  misdemeanor,  §  427. 

Food,  bedding  and  clothing  for  prisoners,  duty  to  provide,  §  1611. 

Gaming,  duty  and  liability  in  regard  to,  §  335. 

Grand  jury,  to  summon  special,  when,  §  909. 

Guard  for  jail  emploj^ed  by,  expense  of  a  county  charge,  §  1610. 

Guard  for  jail  sheriff  may  employ,  when,  §  1610. 

Hair,  act  relating  to  cutting  of,  §  1615,  note. 

Hair-cutting  of  persons  convicted  of  misdemeanor,  §  1615. 

Jail,  to  keep,  §  1597. 

Jails.     See  Jails. 

Papers  for  prisoner,  duty  of  sheriff  or  jailer  receiving,  §  1609. 

Papers  for  prisoner  may  be  served  on,  §  1609. 

Peace-officer,  sheriff  is,  §  817. 

Persons  duly  committed,  to  receive,  §  1611. 

Posse  comitatus,  refusing  to  join,  i^unishment  of,  §  150. 

Posse  comitatus,  supervisors  authorized  to  pay  costs  and  expenses 
of.     Appendix,  tit.  "Supervisors." 

Prisoners  committed  by  United  States  courts,  to  receive,  §  1601. 

Prisoners,  compensation  of  sheriff  for  su^jplying  food,  clothing 
and  bedding  for,  §  1611. 

Prisoners,  civil,  not  to  receive  unless  expenses  provided,  §  1612. 

Process,  may  command  persons  to  assist  in  overcoming  resistance 
to,  service  of,  §  723. 

Process,  power  of  sheriff  in  overcoming  resistance  to  service  of, 
§  723. 

Process,  resistance  to  execution  of,  officer  to  certify  names  of  re- 
sisters  to  court,  §  724. 

Refusal  to  receive  or  arrest  [lersnn  charged  with  crime,  punish- 
ment of,  §  142. 


1110  INDEX. 

SHERIFF.      (;CuiitiniUHl.) 

Service  ou  for  prisoner,  §  ]G09. 

Support  of  prisoner  arrested  on  civil  process,  §  1G12. 

Warrant    for    execution    of    dcatli    sentence    to    be    delivered    to 

§1217. 
"Warrant  of  arrest  directed  to,  §  818. 
Warrant  of  arrest  may  be  directed  to,  §§  818,  819. 

SHIPPING. 

Adrift,   sotting  vessels,   punishment   of,  §  60S. 

Ballast,  throwing  overboard,  a  misdemeanor,  §  61  ?>. 

Bill  of  lading.     See  Bill  of  Lading. 

Bill  of  lading,  etc.,  fraudulent  issue  of,  §§  577-.580. 

Boilers,    ignorantly    or    negligently    using,    punishment    of,  §§  348,» 

368. 
Buoy  or  beacon,  mooring  vessel  to,  a  misdemeanor,  §  614.     Appen- 
dix, tit.  "Buoys  and  Beacons." 
Buoy  or  beacon,  removing,  or  injuring,  punishment  of,  §  609.     Ap- 
pendix, tit.  "Buoys  and  Beacons." 
Buoys    and    beacons,    protection    of.     Appendix,    tit.    "Buoys    and 
Beacons."  ' 

Captain  mismanaging  steaimboat,  punishment  of,  §§  348,  368. 

Defacing  marks  on  wrecked  property,  a  misdemeanor,  §  355. 

Definition  of  vessel,  §  7. 

Desertion  of  seamen,  provision  as  to  repealed,  §  644. 

Destroying  or  injuring  vessel,  punishment  of,  §§  539,  540. 

Engines,   ignorantlv   or   negligently   using,   punishment   of,  §§  348, 
368. 

Fraudulent  invoice,  register,  protest,  etc.,  making  of,  punishment 
of,  §  541. 

Hatch-tender,  duties  of,  §  368a. 

Hatch-tender,   dutj^   to   employ  w^hile  loading  or  unloading  ships, 
§  368a. 

Hatch-tender,  failure  to  employ,  punishment  of,  §  36Sa. 

Invoice,  false,  making  of,  punishment  of,  §  541. 

Jurisdiction  of  offense  on  vessel,  §  783. 

Manifest,  false,  making  of,  punishment  of,  §  541. 

Master  of  vessel  violating  quarantine  rules,  punishment  of,  §  376. 

Management  of  steamboat,  punishment  of,  §§  348,  368. 

Obstructing  navigation  or  throwing  overboard  ballast,  etc.,  a  mis- 
demeanor, §  613. 

Piloting,  by  unlicensed  pilot,  a  misdemeanor,  §  379. 

Police   regulations   of   San   Francisco   harbor,   violating,   a   misde- 
meanor, §  643. 

Quarantine  regulations,  violating,  punishment  of,  §  376. 

Quarantine.     See  Quarantine. 

Racing,  punishment  of,  §  348. 

Sailor  Ijoarding-houses.     See  San  Francisco. 

Seamen,   enticing  to   desert,   a  misdemeanor,  §  644. 

Signal  lights,  altering  or  exhibiting  false  punishment  of,  §  610. 

Signal  lights,  masking  or  removing,  punishment  of,  §  610. 

Steamboat,  mismanagement  of,  punishment  of,  §§  348,  368. 

Vessel,  malicious   injury  to,  a  misdemeanor,  §  608b. 

Vessel,   maliciously   setting   adrift,   a   misdemeanor,  §§  60Sa,   608c. 

Vessel,  sinking  of,  a  felony,  §  60Sc. 

Vessel,  what  includes,  §  7. 

Wharfage,  collecting  unlawfully,  a  misdemeanor,  §  642. 

Wrecked   propertv,   detaining   after  salvage  paid,  punishment   of, 
§  544. 


INDEX.  1111 

SHIPPING.      (Continued.) 

Wrecked  property,  taking  or  liaviug  possession,  unlawfully,  a  mis- 
demeanor, §  545. 

Wrecking  vessel,  or  permitting  wrecking,  punishment  of,  §§  539, 
540. 

Wrecks,  defacing  marks  upon,  a  misdemeanor,  §  355. 

Vl 'recks,  destroying  or  suppressing  documents  showing  ownership, 
a  misdemeanor,  §  355. 

SHOOTING.     See  Game  Laws. 

Entering   inclosure   to   hunt   without   permission,   a    misdemeanor, 

§602. 
Tearing  down   notice   prohibiting  shooting,   a   misdemeanor,  §  602. 

SHORE  BIRDS.     See  Game  Laws. 

SHORTHAND  REPORTER.     See  Stenographer. 

SHORT-NECK  CLAMS.     See  Game  Laws. 

SHREWS. 

Are   predator}'   animals,  §  637i/l«. 

SHRIMPS.     See  Game  Laws. 

SICK  JUROR. 

Proceedings  in  ease  of,  §§  1123,  1139. 

SIGNAL. 

In  coast  survey,  injuring,  a  misdemeanor,  §  615. 

SIGNAL  LIGHT. 

Masking,  removing,  etc.,  punishment  of,  §  610. 
Willfully  exhibiting  false,  punishment  of,  §  610. 

SIGNATURE. 

Includes   mark,  §  7. 

Mark,  by,  how  made,  §  7. 

Obtaining  by  extortionate  means,  punishment  of,  §  522. 

SIGN-BOARD. 

Forbidding  liunting,  tearing  down,  a  misdemeanor,  §  602. 

SINGULAR. 

Included  in  plural,  §  7. 
Includes  plural,  §  7. 

SISKIYOU  COUNTY. 

Act  concerning  marks  and  brands  in,  continued  in  force,  §  23. 
Act  concerning  trout  in,  continued  in  force,  §  28. 

SKUNKS. 

Are  predatory  animals,  §  637^,4. 

SLAVERY. 

Bartering  in  ownership  of  person,  punishment  of,  §  181. 
Involuntary  servitude,  holding  one  in,  punishment  of,  §  181. 
Jurisdiction  of  offense  of  kidnaping  for  purposes  of,  §  784. 
Kidnaping  for  purpose  of,  punishment  of,  §  207. 

SLOT  MACHINES. 

Gambling  by  means  of  prohibited,  §  330a 


1112  INDEX 

SMITHS  KIVER. 

Jiiniits  c)f   ti(lc-\v;itcr,  §  GSl. 

SNIPE.      See  (I. ■line  Laws. 

SOCIAL  ORGANIZATIONS. 

Members  of  maj'  wear  arms,  §  73-1. 

SOCIETIES.     See  Secret  Societies. 

Wearing  badge  of,  a  niisdcineauor,  §  ;j3Sb. 

SOCIETY  FOR  THE  PREVENTION  OF  CRUELTY  TO  ANIMALS. 

See   ('MU'lty  t(i   Animals. 

SOCIETY  FOR  PREVENTION  OF  CRUELTY  TO  CHILDREN. 

Finos   in    iiroseciit  ions   iiist  itiitcil   by,   go   to,  §  273c. 

SODOMY. 

Assault  with   intent   to   commit,   punisliment   of,  §  220. 
Penetration,  what  sufficient,  §  287. 
Punishment  of,  §  28G. 

SOLDIERS  AND  SAILORS.     See  Soldiers'  Home. 

Offenses  need  net  be  prosecuted  by  indictment  or  information, 
§  082. 

SOLDIERS'  HOME. 

Intoxicating  liquors,  license  to  sell  within  certain  distance  of, 
evidence  of  guilt,  §  172. 

Intoxicating  liquors,  selling  or  giving  away  within  certain  dis- 
tance of,  a  misdemeanor,  §  172. 

Intoxicating  liquors,  selling  or  giving  away  within  certain  dis- 
tance of,   punishment,  §  172. 

SONG. 

Obscene,  singing,  a   misdemeanor,  §  311. 

SONOMA  CREEK. 

Act  to  prevent  destruction  of  fish  in  Sonoma  Creek  continued  in 
force,  §  23. 

SOVEREIGNTY.     See  Trea^  ^. 

SPARROWS. 

Are  predatory  birds,  §  637^^. 

SPECIAL  LAWS. 

Organization  and  regulation   of  police  governed  by,  §  719. 

SPECIAL  PARTNERSHIP. 

Fraud  of  special  partner  is  a   misdemeanor,  §  3oS. 

SPECIAL  PROCEEDING. 

Affidavits,  defective  title   does  not  affect.  §  1563. 

Affidavits,  title  not  necessary,  §  1.563. 

Parties  to,  designated,  how,  §  1562. 

Subpoena,  power  to  issue,  §  1564. 

Subpoena,   iiunishment  for  disobedience   of,  §1561. 

SPECIAL  VERDICT.     See   Verdict. 

SPEEDY  TRIAL. 

Right  to,  §  6S6. 


INDEX.  1113 

SPIKED  BUCK.     See   Game    Laws. 

SPITTING. 

^lisdenieauor,   spitting  i.s,  S  372:i. 

SPOTTED  BUCK.     See  Ciame   Laws. 

SPOT-FIRE  CROAKER.     See  Game  Laws. 

SPOTTED  FAWN.     See  Game  Laws. 

SQUIRREL.     See  Game  Laws. 
Hunting,  §  626g. 

STABLES.     See   Livery-stable   Keeper. 

STALLIONS.     See  Animals. 

STAMP. 

False  weight,  stamping  on  casks,  etc.,  a  misdemeanor,  §  554. 
Quicksilver,  counterfeiting  or  using  counterfeited,  a  felony,  §  366. 

STATE. 

Abducting  person  out  of  state  and  bringing  within  is  kidnaping, 

§  207. 
Acts  for  funding  of  state  debt  continued  in  force,  §  23. 
Aiding  and  abetting  out  of  state  crime  committed  in  state,  liabil- 

ity,  §  27. 
Bonds,  acts  for  issuing  of,  continued  in  force,  §  23. 
Crimes  committed  out  of  state,  when  punishable  in,  §  27. 
Destroying  and  tearing  down  notices  of,  punishment  of,  §  616. 
Embezzlement   out   of  state,  jurisdiction  where   property  brought 

in, §  789. 
Fish  law,  costs  of  trial  of  persons  violating,  to  be  borne  by  state. 

Appendix,  tit.  "Fish." 
Gathering  pitch  from  trees  on  state  land,  §  603n. 
Includes  what  political  divisions,  §  7. 
.Turisdiction  over  crimes.     See  Jurisdiction. 
Larceny    out    of    state,    jurisdiction    where    property    brought    in, 

§  789. 
Leaving  to  evade  law  against  dueling,  §  23L 

Offense  committed  partly  within  state,  jurisdiction  over,  §  778a. 
Person   out   of   state,   aiding   crime   within   state,   punishment   of, 

§  778b. 
Prison  directors  cannot  incur  debt  binding  on,  §  1585. 
Property,  putting  notices,  advertisements,  etc.,  on,  a  misdemeanor, 

§602. 
Keceiving  stolen   goods   out   of   state,  jurisdiction   where  brought 

in, §  789. 
Treason.     See  Treason. 

STATE  ARMS. 

Having  or  selling,  a  misdemeanor,  §§  442,  443. 

STATE  BOARD  OF  HEALTH.     See  Public  Health. 

STATE  CAPITOL.     See  Capitol. 

Liquor,  sale  of  within  or  within  grounds  of,  §  172. 

Sale   of  liquors  within  building,   act   relating  to,  §  172,   note. 

STATE  DAIRY  BUREAU.     See  Dairies. 


1114  INDEX. 

STATE  ENGINEERING  DEPARTMENT.     See  Highways. 
STATE  FIRE-WARDEN.     Sec  Fire-warclon. 
STATE  HIGHWAYS.     Sec   Highways. 

STATE  LABORATORY. 

For  foods,  (inigs  and  liquors,  act  relating  to.  Appendix,  tit, 
"Adulteration." 

STATEMENT. 

On  appeal  to  superior  court,  §  1468. 

On  appeal  to  supreme  court.     See  Appeal. 

STATE  PRINTER. 

Corrupt  collusion  of  or  agreement  in  regard  to  supplies,  pun- 
ishment of,  §  100. 

Punishment  of,  where  becomes  interested  in  state  printing,  §§  99, 
100. 

Superintendent  colluding  or  having  secret  agreement  as  to  sup- 
plies, punishment  of,  §  100. 

Superintendent  forfeits  office  for  what  offense,  §§  98,  100. 

Superintendent  not  to  be  interested  in  contract,  §  99. 

Superintendent  of  state  printing  forfeits  office  for  what  offenses, 
§  98. 

Superintendent,  punishment  for  being  interested  in  contract,  §  99. 

STATE  PRINTING.     See  State  Printer. 

STATE  PRISON.     See  Prison. 

Draft  upon  controller  for  monej'^s  required  and  payment  of,  §  1584. 
Drugs,    liquors,    weapons    or    explosives,    bringing   into    a    felony, 

§  171a. 
Effect  of  code  on  statute  respecting,  §  23. 
Intoxicating   liquors,    selling    or    giving   away   of   within    certain 

distance  of,  punishment  of,  §  172. 
Moneys  expended  b.y  warden,  vouchers  for,  §  1584. 
Moneys  received  at  San  Quentin,  disposition  of,  §  1584. 
Moneys  received  at  Folsom,  disposition  of,  §  1584. 
Moneys,  report  of  receipts  and  expenditures  by  warden,  §  1584. 
Moneys  required  by  wardens,  drafts  for,  §  1584. 
San  Quentin,  moneys  collected  by  warden,  report  of  and  payment 

into  treasury,  §  1584. 
Wardens,  duties  of,  enumerated,  §  1578. 
Warden,   quarterly   report   to   controller   of  moneys   retained   and 

amounts  paid  out,  §  1584. 
Wardens  to  take  and  file  vouchers  for  moneys  expended,  §  1584 

STATE'S  EVIDENCE,  §§  1099-1101. 

STATE  TREASURER. 

Violation  of  laws  relating  to  board  of  examiners  by,  §  441. 

STATE  VETERINARIAN. 

Act   creating.     Appendix,   tit.    "Animals." 

STATUTE.     See  Code;  Initiative  Legislature;  Referendum. 
Alteration  of  legislative  bill.     See  Bill;  Legislature. 
Code  cited,  how,  §  24. 

Code  provisions  similar  to  existing  statutes,  how  construed,  §  5. 
Construction.     See  Construction;  Code. 


INDEX.  1115 

STATUTE.      (Continued.) 

Pleading  a  private  statute,  §  963. 

Private,  judicial  notice  of,  §  963. 

"Section,"  meaning  of,  §  7. 

Statutes  continued  in  force,  enumeration  of,  §  23. 

STATUTE  OF  LIMITATIONS.     See  Limitation  of  Actions. 

STAY. 

Appeal  as,  §§  1243-1245. 

Appeal  by  people,  effect  of,  as,  §  1242. 

Certificate  of  probable  cause,  operates  as,  §  1243. 

Pending  examination  on  commission,  §  1354. 

Proceedings,  stay  of,  pending  return  of  commission,  §  1354. 

When  doubt  arises  as  to  sanity  of  defendant,  §  1368. 

STEAMBOAT. 

Mismanagement  of,  punishment  of,  §§  348,  368. 

Police,  appointment  of  to  serve  on.     Appendix,  tit.  "Police." 

STEAM-BOILER. 

Mismanagement  of,  punishment  of,  §§  348,  349,  368. 

STEAM-ENGINE. 

Mismanagement  of,  punishment  for,  §§  348,  349,  368. 

STEELHEAD  TROUT.     See  Game  Laws. 

STENOGRAPHER. 

Coroner,  for.     See  Coroner. 

Forfeits   office   and   is   disfranchised   for   what   offense,  §  98. 
Judicial  officer  receiving  part  of  salary,  punishment  of,  §  94. 
Paying  fees  to  judge,  punishment  of,  §  94. 

Preliminary  examination,  shorthand  reporter  at.     See  Preliminary 
Examination. 

STEVEDORES.     See  Shipping. 

STOCK.     See  Corporation. 

Fraud  to  affect  price,  a  misdemeanor,  §  395. 

STOCKHOLDER.     See  Corporation. 

STOCK-RAISERS. 

Act  to  protect,  in  certain  counties  continued  in  force,  §  23. 

STOLEN  GOODS. 

Eeceiving.     See  Larceny. 

STOLEN  PROPERTY.     See  Larceny. 
How  disposed  of,  §  1536. 

STREAM.     See  Waters. 

STREET. 

Dead  animal,  putting  or  permitting  to  remain  in,  a  misdemeanor, 

§374. 
Injuring  trees  or  plants  on  a  misdemeanor,  §  622. 
Injury  to,  a  misdemeanor,  §  602. 
Obstructing,  a  public  nuisance,  §  370. 

Offal,  putting  or  permitting  to  remain  in,  a  misdemeanor,  §  374. 
Racing  on  streets   of  unincorporated   town   a  misdemeanor,  §  415. 


IIIG  INDEX. 

STREET  RAILWAY. 

("i)iiij)li;iiico   with   orders  of  siniervisors  as  to  brakes  and   fcixlers 

siimcicnt,  §  3G9a. 
Intoxication   of   employees,  a  misdemeanor,  §  :'i91. 
Proper  brakes  and  fenders,  to  have,  §  '.'>^^9i\. 

STRIPED  BASS.     Sec  Game  Laws. 

STURGEON.     See  Game  Laws. 

SUBORNATION  OF  PERJURY.     See  Perjury. 
Indictment  or  information  for,  §  966. 

SUBPOENA. 

Blank,  duty  of  clerk  to  issue,  §  1326. 

Clerk  of  court  may  issue,  §  1326. 

Clerk   to   issue   blank   subpoenas   without    charge    on   application, 

§  1326. 
Coroner,  bv,  §  1512. 
Defined,  §  1326. 

Deposition,  to  compel  attendance  to  take,  §  1342. 
Disobeying,  a  contempt,  §  1331. 
Disobeying,  civil  liability  for,  §  1331. 
District  attorney  may  issue,  §  1326. 
Form   of,  §  1327. 

Habeas  corpus  hearing,  issuing  on,  §  1484. 
.lustice  or  police  judge  may  issue,  §  1459. 
Justice  or  police  judge  may  punish  disobedience,  §  1459. 
.Justice's  court,  in,  §  1459. 
Magistrate  may  issue,  §  1326. 
Police  court,  in,  §  1459. 
Preliminary  examination,  on,  §  864. 
Served,  how  and  by  whom,  §  1328. 
Service,  return  of, §  1328. 

Special  proceedings,  in,  power  to  issue,  §  1564. 
Special  proceedings,  in,  j^unishment  for  disobedience,  §  1564. 
Who  may  sign  and  issue,  §  1326. 
Witness  disobeying,  civil  liability  of,  §  1331. 
Witness  out  of  county,  §  1330. 

SUBSCRIBING  WITNESS.     See  Witnesses. 

SUBSCRIPTION. 

Fraud  in  subscription  to  stock,  punishment  of,  §  557. 
Includes   mark,  §  7. 

SUBSTITUTION. 

Of  one  infant  for  another,  punishment  for,  §  157. 

SUCCESSION. 

Fraudulent  pretenses   relative  to  birtli  of  infant,  punishment  of, 
§156. 

SUCCESSOR. 

Kefusal  of  public   officer  to   surrender  records   to,  punishment  of, 
§76. 

SUFFRAGE.     See  Elections. 

SUICIDE. 

Aiding  or  encouraging,  a  felony,  §  401. 


INDEX.  1117 

SUIT. 

Conspiracy  to  maintain,  ^^unishment   of,  §  182. 
Willfully  delaying  by  attorney,  a  misdemeanor,  §  160. 

SUMXklARY  PROCEEDINGS. 

Eemoval  of  officers  by,  §  772. 

SUMMONS.     See  Process;  Service. 

Corporation    committing    offense,    summons,    service    of    and    pro- 
ceedings on,  §  1427. 
Corporation  committing  offense,  summons  to  issue,  §  1427. 
Corporation,  to,  §§  1390-1392.     See  Corporations. 
Election  board,  refusal  to  obey,  a  misdemeanor,  §  44. 
Form  of,  §§  1391,  1427. 
Of  legislature,  refusing  to  obey,  §  87. 
Service  of,  §  1392. 

SUNDAY. 

Amateur    boxing    contest,    holding    on    Sundav,    a    misdemeanor, 

§  41314. 
Keeping  open  barber-shop  or  working  as  barber  after  12  o'clock, 

§3101^.. 

SUNFISH.     See  Game  Laws. 

SUPERINTENDENT. 

Not  to  be  interested  in  contracts,  §  99. 

Of  state  printing  forfeits  office  for  what  offense,  §§  98,  100. 

Of  state  printing,  fraud  and  collusion  by,  punishment  of,  §  100. 

Of  state   printing,   secret   agreement    or   collusion   as   to   supplies, 

punishment   of,  §  100. 
Punishment  for  being  interested  in  contracts,  §  99. 

SUPERIOR  COURT.     See  Juvenile  Court. 
Ai>peals  to,  §§  1466-1470. 
Indictment,  etc.,  must  be  filed  in,  §  890. 
.Judge  of,  liable  to  impeachment,  §  737. 

SUPERIOR  COURT  JUDGE. 

Impeachment,  liable  to,  §  737. 

Inquiry   into   record   of   defendant   and   cause   of   crime   and   pro- 
ceedings on.     See  Judgment. 
Is  magistrate,  §  808. 

Proceedings  on  indictment  or  information  against,  §  1029. 
Warrant  of  arrest  by,  to  whom  directed,  §  818. 

SUPERVISORS. 

Bribery  of,  punishment  of.  §  165. 

Jury-rooms,  duty  to  provide,  §  135. 

Jurv-rooms,    proceedings    where    supervisors    neglect    to    provide, 

§  1135. 
Pledge  of  or  by,  punishment  of,  §§  55a,  50. 
Posse  comitatus,  authorized  to  pay  expenses  of.         S,ee  Appendix, 

tit.  "Supervisors." 
President,  consent  to  employment  of  child  as  musician,  §  272. 
Prisoners,  may  require  to  labor,  §  1614. 
Prisons,  rules  and  regulations  for  the  performance   of  labor  bv, 

§  1614. 
Receiving  bribe,  punishment  of,  §  165. 
Sparring   exhibitions,  may   permit,  §412. 
Voting  for  ordinance  permitting  gambling,  punishment   of,  §  337. 


1118  INDEX. 

SUPPORT. 

See   llu.sl):niil  and   Wife;    I'arent   aii<l   Cliild. 

SUPREME  COURT  JUSTICE. 

Uoxernor  may  require  oitiiiion  of,  as  to  ju(I<friient  of  death,  §  1210. 

Imiieaelinient,   liable   to,  S  7o7. 

Is  magistrate,  §  8()<S. 

Warrant  of  arrest  is-siicd  by,  to  whom  directed,  §  8 18. 

SURETY.     See  Bail. 

False  personation  in  becoming,  piinisliment  of,  §  529. 
Two  on  bail  bond,  §  127S. 

SURF-FISH.     See  Game  Laws. 

SURGEON. 

Attendance  at  coroner's  inquest  and  compensation   of.     See  post, 
Appendix,  tit.  "Coroners." 

SWEARING.     See  Profane  Language. 

SWITCH-TENDER. 

Violation  of  duty  by,  §  393. 

SYRUP. 

Adulterated,    sale    of,    punished    and    prohibited.     Appendix,    tit. 
"Adulteration." 


T 

TAX.     See  Assessor;  Eeveune. 

Board  of  examiners,  violating  duty,  a  felony,  §  44L 

Books  of  collector,  refusal  of  inspection,  a  misdemeanor,  §  440. 

Collection,  obstruction  of,  a  misdemeanor,  §  42S. 

Controller,  Adolating  duty,  a  felony,  §  44L 

Employees,  refusal  to  give  names  of,  to  tax-collector,  a  misde- 
meanor, §  434. 

False  statement  in  reference  to  a  misdemeanor,  §  430. 

Poll-tax,  bLank  receipts,  possession  of  a  felony,  when,  §  432. 

Poll-tax,  false  receipt  for.  using  or  giving,  a  misdemeanor,  §  431. 

Poll-tax,  receipt  for,  §§  431,  432. 

Poll-tax,  receiving  payment  without  receipt,  a  misdemeanor,  §  431. 

Eeeeipt,  inserting  more  than  one  name  in,  a  misdemeanor,  §  431. 

Eeceipts.  possessing  other  than  those  allowed  by  law,  a  felony, 
§  432. 

Road   tax,   collecting  without   receipt,   a  misdemeanor,  §  431. 

Road  tax,  giving  false  receipt,  a  misdemeanor,  §  431. 

Treasurer,  state,  violating  duty,  a  felony,  §  441. 

TEACHER. 

Abuse  of,  a  misdemeanor,  §  653b. 

TECHNICAL  WORDS. 

Construction  of,  §  7. 

TELEGRAPH. 

Altering    message,    punishment    of,  §  620. 

Arrest,  service  of  warrant  of,  by,  §§  850,  851. 

Bribing  operator  or  emplovee  to  disclose  message,  punishment  of, 

§641. 
Burnish  poles,  punishment  of,  §  600. 


INDEX.  1119 

TELEGRAPH.      (Continued.) 

Clandestinely  learning  contents  of  message,  punishment  of,  §  640. 

Conspiracy  to  tap  wires  or  read  messages,  punishment  of,  §  640. 

Conspiracy  to  send  message,  punishment  of,  §  474. 

Crime  or  fraud,  message  aiding  or  furthering,  §  638. 

Disclosing  contents  of  message,  punishment  of,  §  619. 

Employee  using  information  from   message,  punishment   of,  §  639. 

Forgery  of  message,  punishment  of,  §  474. 

Fraud,  procuring  message  by,  punishment  of,  §  621. 

Fraudulent  reading  message,  punishment  of,  §  640. 

Infant  messengers,  sending  to  questionalale  resort,  a  misdemeanor, 
§  273e. 

Injury  to  or  obstruction  of  lines,  a  misdemeanor,  §  591. 

Landmark  to  mark  subaqueous  cable,  injury  to,  a  misdemeanor, 
§60.5. 

Learning  contents  of  messages,  punishment  of,  §  640. 

Line,  unauthorized  connection  with,  a  misdemeanor,  §  591. 

Message,  altering,  punishment  of,!  620. 

Message,   clandestinely  learning  contents,  punishment  of,  §  640. 

Message,  delay  or  neglect  to  send  a  misdemeanor,  §  638. 

Message,   disclosing  contents  of,   punishment   of,  §  619. 

Message,  employee  using  information  of,  punishment  of,  §§  639, 
640. 

Message  need  not  be  delivered  until  charges  paid,  §  638. 

Message,  opening  without  consent,  punishment  of,  §  621. 

Message,  refusal,  neglect  or  postponement  of  delivery,  a  misde- 
meanor, §  638. 

Message,  sending  out  of  order,  a   misdemeanor,  §  638. 

Messages,  what  need  not  be  sent,  §  638. 

Obtaining  message  by  false  personation,  punishment  of,  §  621. 

Opening  of,  punishment  of,  §  621. 

Operator,  intoxication  of,  a  misdemeanor,  §  391. 

Sending  false  message  by,  punishment  of,  §  474. 

Serving  warrant  of  arrest  by,  §§  850,  851. 

Tapping  wires,  punishment  of,  §  640. 

TELEPHONE. 

Altering  message,  punishment  of,  §  620. 

Bribing  operator  to  disclose  message,  punishment  of,  §  641. 

Clandestinely  learning  contents  of  messages,  punishment  of,  §  640. 

Conspiracy  to  read  messages,  punishment  of,  §  640. 

Disclosing  contents  of  message,  punishment  of,  §619. 

Employee  using  information  from  message  punishment  of,  §  639. 

Fraud,  procuring  message  by,  punishment  of.  §  621. 

Fraudulently  reading  messages,  punishment   of.  §  640. 

Infant  messengers  sending  to  questionable  resort,  a  misdemeanor, 

§  273e. 
Injury  to  or  obstruction  of  lines,  a  misdemeanor,  §  591. 
Learning  contents  of  message,  punishment  of,  §  640. 
Line,  unauthorized  connection  with,  a  misdemeanor,  §  591. 
Message,   clandestinely  learning  contents,  punishment   of,  §  640. 
Message,  emnlovee    using   information    contained    in,    punishment 

of,  §§  639,  640. 
Message,  opening  without  consent,  punishment  of,  §  621. 
Message,  sending,  delay  or  refusal  a  misdemeanor,  §  638. 
Message,  sending  out  of  order,  a  misdemeanor,  §  638. 
Messages  need  not  be  sent  unless  charges  paid,  §  638. 
Messages,  what  need  not  be  sent,  §  638. 


1120  INDEX. 

TELEPHONE.      (Coutinned.) 

Oljlaiiiiiij^  nicssiigo  by  i'also  persoiiutioii,  [iiiiiLsliiiiout  of,  §  1521. 

Opening  of,   punishnieut   of,  §  621. 

.Seniling  false   message   by,   punishment   of,  §  474. 

TELLER. 

Of  insolvent  bank,  receipt  of  lieposits  b}',  a  misdemeanor,  §  ;jG2. 
Of  savings  bauiv   overdrawing,  a   mis<lemeanor,  §  561. 

TENANT. 

(iiiiity   of   embe/./.lement,   when,  §  ."iO?. 

TENSE. 

Of  words   in  code,  §  7. 

TERRITORY. 

State  includes,  §7. 

State  or  United  States   may  include,  §  7. 

Ignited  States  includes,  §  7. 

Tapping  wires,  puiiisliment  of,  S  640. 

TESTIFY. 

Includes  what,  §  7. 

TESTIMONY.     See  Evidence. 

THEATERS.     See  Copyright. 

Kmplo^ang  woman  to  sell  liquor  at,  §  303. 
Tickets,  selling  for  a  premium,  §  .526n. 

THREAT.     See  Extortion. 

As  affecting  liability,  §§  26,  31. 

Influencing  elector  b}^,  a  felony,  §  53. 

Libel,  to  publish,  a  misdemeanor,  §  257. 

Rape  accomplished  by,  §  261. 

To  influence  juror  or  referee  punishment  of,  §  iJj. 

Using,  with  intent  to  extort  money,  punishment  of,  §§  523,  524. 

AVhat  may  constitute  extortion,  §  519. 

THREATENED  OFFENSE. 

And  proceedings  tliereon,  §§  701-7J4. 

THREATENING  LETTERS. 

Sending  of  a  misdemeanor,  §  650. 

Sending,  offense  complete,  when,  §  660. 

Sending,  with  intent  to  commit  extortion,  punishment  of,  §  523. 

TICKET.     See  Carriers;  Railroads;  Elections. 
Selling  theater  tickets  at  a  premium,  §  526. 

TIMBER. 

Carrying  away,  a  misdemeanor,  §  602. 

Defacing  marks  on,  punishment  of,  §  356. 

Firing,   a   misdemeanor,  §  384. 

Injury  to,  a  misdemeanor,  §  602. 

Logs,  driving  substance  into,  a  felony,  §  o93a. 

TIME. 

Accusation  ,  against    officer    bv    private    person,    time    of    hearing, 

§  772. 
Accusation,  time  to  appear  and  answer,  §  760. 
Amendment  to  indictment  or  information,  of,  Jj  1008. 


INDEX.  1121 

TIME.      (Continued.) 

Appeal   in    criminal    case,   filing   grounds    of   and   application    for 

transcript  of  testimony,  p.  249,  §  1247. 
Appeal,  application  for  transcription  of  reporter's  notes  on,  time 

to  file,  §  1247. 
Appeal,  objections  to  transcription  of  notes  to  be  used  on,  time 

to  file,  §  1247a. 
Appeal,  time  for  transmission  of  papers  by  clerk  to  district  court 

of  appeals,  §  1246. 
Appeal,  time  to  make  order  to  reporter  to  transcribe  notes,  §  1247. 
Appeal,    transcription    of    testimony,    proceedings    in    relation    to, 

§  1247. 
Appeal  to  superior  court,  time  of  taking,  §  1467. 
Appeal,  transcription  of  testimony  on,  time  to  file,  §  1247. 
Appeals,  time  for  hearing  and  determining,  §  1252. 
Appearance  of  corporation,  time  for,  §  1390. 
Arraignment,  of,  §  976. 
Arrest  of  judgment  in  police  or  justice's  court,  time  to  move  for, 

§  1450. 
Challenge  to  juror,  time  for  taking,  §  1068. 
Code  takes  effect,  when,  §  2. 

Criminal  actions,  within  what  time  to  be  jjroseeuted.     See  Limita- 
tions of  Actions. 
Defendant  to  be  brought  to  trial  within  sixty  days,  §  1382. 
Demurrer,  argument  on,  time  for  hearing,  §  1006. 
Demurrer,  time  to  hear,  §  1006. 
Demurrer,  time   to  put  in,  §  1003. 

Evidence  taken  before  grand  jury,  time  to  file,  §  925. 
Habeas  corpus,  time  of  service  of  application  for,  §  1475. 
Habeas  corpus  writ  may  issue  at  any  time,  §  1502. 
Indictment,  allegation  of  time  of  offense  in,  §  959. 
Indictment,  time  to  file,  §  1382. 

Information,  allegation  of  time  of  offense  in,  §  959. 
Information,  time  of  filing,  §§  809,  1382. 

Judgment  in  justice's  or  police  court,  time  for,  §§  1449,  1453. 
Judgment,  rendition   of,  §  1202. 
Judgment,  time  for  pronouncing,  §  1191. 
Month  defined,  §  7. 

Motion  to  arrest  judgment,  §§  1185,  1450. 
New  trial,  ajiplication  for,  §  1182. 

New  trial  in  police  or  justice's  court,  time  to  move  for,  §  1450. 
Notice  of  application  for  deposition,  §  1353. 
Notice  of  motion  to  dismiss  appeal,  §  1248. 
Offense,    of    committing,   alleging   in   indictmeutj    or   information, 

§955. 
Plea,  time  to  put  in,  §  1003. 

Plea,  time  to  put  in  where  demurrer  overruled,  §  1011. 
Search-warrant,  time  for  executing  and  returning,  §  1534. 
Sentence,  time  to   pronounce,  §  1202. 
Service   of    articles    on    defendant    in   impeachment     proceedings, 

§  740. 
Service  of  summons  on  corporation,  §  1392. 
Statement  of  in  indictment  or  information,  §  955. 
Tags  for  deer  pelts,  time  within  which  to  be  issued,  §  626h. 
Testimony  before  grand  jury,  service  of  on  defendant,  §  925. 
Transmission  of  papers  to  supreme  court,  §  1246. 

Pen.  Code — 71 


1122  INDEX. 

TITLE. 

.\lli(l;ivit,  (Icloi-t  ill  or  Wii-il  of.  cfrcM-t  of,  §8J1()1,   \4M,   l.JO:?. 
Aflidavit  need  not  ho  ciititlod,  §§  1401,  1460,  156.3. 
Appoal,  title  of  action  not  changed  on,  §  1L'.'?(i. 
Claim  of,  defense  to  einbez/lenient,  §  ")11. 
Deposition,  defect   in   or  want  of,  elfect  of,  §  1  tol. 
Deposition  need    not  be  enfitled,  §  I4()j. 
Of  code,  §  1. 

TOBACCO. 

Posting  act  forbidding  sale  to  persons  under  eighteen,  §  308. 
Secretary    of   state   to    furnish    copies    of   act   forbidding  sale   of 

tobacco   to  minors,  §  308. 
Selling  to  infants  under  eighteen,  punishment  of,  §  308. 

TOLL.     See  San  Francisco. 

Bridge,  crossing  without  paj'ing,  punishment  for,  §  389. 
Bridge,  fast  riding  or  driving  on,  punishment  for,  §  388. 
Collecting  unlawfully,  in  San  Francisco,  a  misdemeanor,  §  642. 
Gate,  malicious  injury  to,  punishment  of,  §  589. 
House,  malicious  injury  to,  punishment  of,  §  589. 

TOLL-ROAD. 

Maintaining  without  authority,  a   misdemeanor,  §  386. 

TOMB,     See  Cemetery. 

TON. 

Of  hay,  coal,  etc.,  to  be  full  weight,  §  555. 

TOOLS. 

Having  burglarious,  a  misdemeanor,  §  466. 
Having  counterfeiting,  punishment   of,  §  480. 

TOWN.     See  City;  Municipal  Corporation. 

TRADE-MARK. 

Counterfeit,  selling  goods  that  contain,  a  misdemeanor,  §  351. 

Counterfeited  defined,  §  352. 

Counterfeited,  using,  a  misdemeanor,  §  350. 

Counterfeiting,  a  misdemeanor.  §  350. 

Defacing,  a  misdemeanor,  §  35474. 

Defined,  §  353. 

Destroying,  a  misdemeanor,  §  354%. 

False  imprint,  stamp  or  label  on  manufactured  goods,  punishment 

of,  §  347a. 
False  imprint,  stamp  or  label  on  produce  or  manufactured  goods, 

a  misdemeanor,  §  349a. 
False  imprint,  stamj)  or  label  on  produce  or  manufactured  goods, 

punishment  for  placing,  §  349a. 
Forged  trade-mark  defined,  §  352. 
Forging,  imitating,  etc.,  a  misdemeanor,  §  350. 
Labor  organizations,  of.     See  Labor  Organizations. 
Quicksilver  stamp,  counterfeiting,  a  felony,  §  366. 
Kefilliug  easks,  bottles,  etc.,  bearing  trade-mark,  a  misdemeanor, 

§§  354,  3541/^.. 
Sale  of  casks,  etc.,  bearing  a  trade-mark,  a  misdemeanor,  §  3541/4. 
Search-warrant  for  property  bearing  trade-mark,  f  1524. 


INDEX.  1123 

TRADE  NAME. 

Eefilling  casks,  bottles,  etc.,  bearing,  a  misdemeanor,  §§  354,  3541/2. 
Sale  of  casks,  bottles,  etc.,  bearing,  a  misdemeanor,  §  354^/^. 

TRADE  UNION. 

Coercion  of  employee  not  to  join,  a   misdemeanor,  §  679. 
Union  labor.     See  Master  and  Servant. 

TRAIN-DISPATCHER. 

Intoxication  of,  punishment  of,  §  391. 

TRAINING  SCHOOL.     See  Reformatories. 
TRAIN  ROBBERY.     See  Robbery. 

TRAIN-WRECKING. 

A  felony,  §§  218,  219. 
Punishment  of,  §  219. 
What  acts  constitute,  §§  218,  219. 

TRAMP. 

Coming  into  reformatory  or  upon  adjacent  grounds,  a  misde- 
meanor, when,  §  171e. 

Communicating  with  paroled  pupil,  or  inmate  of  reformatory,  a 
misdemeanor,  when,  §  171c. 

TRAPPING.     See  Game  Laws. 

TREASON. 

Defined,  §  37. 

Evidence  necessary  to  convict,  §  1103. 

Evidence  of  overt  act  not  charged  in  indictment,  not  admissible, 

§  1103. 
Indictment  or  information,  overt  acts  to  be  alleged  in,  §  1103. 
Jurisdiction  of,  when  committed  out  of  state,  §  788. 
Misprision  of,  defined,  §  38. 
Misprision  of,  punishment,  §  38. 
Overt  act,  evidence  of,  §  1103. 

Overt  acts  must  be  alleged  in  indictment  or  information,  §  1103. 
Pardon,  reprieve  or  commutation  of,  §§  1417,  1418. 
Petit,  common-law  distinction  abolished,  §  191. 
Petit,  punishment  of,  §  191. 

Petit,  what  killing  regarded  as  at  common  law,  §  191. 
Punishment,  §  37. 
Testimony  of  two  witnesses  or  confession  in  open  court  necessary 

to  convict,  §  1103. 
Who  only  can  commit,  §  37. 

TREASURER.     See  County  Treasurer;  State  Treasurer. 
City,  payment  of  fine  to,  §  1457. 
Impeachment,  liable  to,  §  737. 
State,  offenses  by,  punishment  of,  §  424. 
Violation  of  law  relating  to  board  of  examiners  by,  a  felony,  §  441. 

TREE.     See  Growing  Trees;  Timber. 

TREE  SQUIRRELS.     See  Game  Laws. 

TRESPASS. 

Hunting  on  inclosed  land,  act  to  prevent.     Appendix,  tit.  "Fences 

and  Inclosures." 
Hunting  on  inclosed  or  cultivated  land,  a  misdemeanor,  §  627. 


1124  INDEX. 

TRESPASS.      (Continued.) 

Mulicidus,  on  realty,  what  acts  are,  §  602. 
Malicious,  to  freehold,  a  niisdeineanor,  §  602. 

llailroad  locomotives,  tenders,  cars  or  trains,  trespassing  on,  §  5S7b. 
Kealty,  malicious,  on,  a  misdemeanor,  §  602. 

Tearing  down  fence  to  make  passage  through  inclosure.    Appendix, 
tit.  "Fences  and  Inclosures." 

TRIAL.     See  Jury. 

Acquit,  advising  jury  to,  §  1118. 

Admonition  of  jury  on  adjournment,  §  1122. 

Appearance  of  defendant  at  verdict,  §  1148. 

Argument,  number  of  counsel  who  may  argue,  §  1095. 

Argument  of  counsel,  order  of,  §  1093. 

Argument,  opening  and  closing,  §  1093. 

Arrest  of  defendant  at,  §  1129. 

Calendar,  form  of,  §  1048. 

Calendar,  order  of  disposing  of  issues  on,  §  1048. 

Calendar,  preparation  of,  §  1047. 

Committing  defendant  at,  §  1129. 

Consolidation  of  indictments  or  information,  when  may  be  ordered, 
§954. 

Continuance,  when  may  be  granted,  §  1052. 

Conviction,  proceedings  on,  §  1166. 

Conviction  procured  by  perjury,  §  128. 

Corporation,  appearance  by,  §  1396. 

Costs.     See  Costs. 

Counsel,  number  of  who  may  argue,  §  1095. 

Defendant  discharged,  that  he  may  be  a  witness,  §§  1099-1101. 

Defendant  entitled  to  two  days  to  prepare  for,  §  1049. 

Defendant,  rights  of.     See  Defendant. 

Defendant  to  be  brought  to  trial  within  sixty  days,  §  1382. 

Detaining  defendant  after  acquittal,  §  1165. 

Discharge  of  defendant  after  acquittal,  §  1165. 

Discharge  of  defendant  that  he  may  be  witness,  §§  1099-1101. 

District  Attorney  absent,  appointment  of  substitute,  §  1130. 

Election  between  different  counts,  charged  in  indictment  or  in- 
formation not  required,  §  954. 

Errors,  immaterial  in  general,  effect  of,  §  1404. 

Errors,  not  prejudicial,  effect  of,  §  960. 

Evidence,  order  of  introducing,  §  1093. 

Evidence.     See  Evidence. 

Exceptions  may  be  taken,  in  what  cases,  §§  1170,  1173. 

Failure  to  bring  defendant  to  trial  for  sixty  days,  dismissal, 
§  1382. 

Imprisoned  person^  how  brought  before  court,  §  1567. 

Insanity,  proceedings  on  acquittal  for,  §  1167. 

Instructions.     See  Instructions. 

Issue.     See  Issue. 

Joint  defendants,  verdict  as  to  some,  and  retrial  as  to  others, 
§  1160. 

Jurisdiction,  prot  eedings  when  court  has  not,  §§  1113-1115. 

Juror  becoming  ill  or  unable  to  proceed,  proceedings  on,  §  1123. 

Juror  declaring  knowledge,  proceedings  in  ease  of,  §  1120. 

Jury,  advising  to  acquit,  §  1118. 

Jury  discharged  for  want  of  jurisdiction,  §  1113. 

Jury  discharged  for  want  of  jurisdiction,  proceedings  on,  §§  1114- 
1116. 


INDEX.  1125 

TRIAL.      (Continued.) 

Jury  discharged,  retrial  of  cause,  §§  1141,  1147. 

Jury,  discharge  of,  when  facts  do  not  constitute  offense,  §§  1113, 
1117. 

Jury.     See  Jury. 

Justice's  court,  in.     See  Justice's  and  Police  Court. 

Law  and  fact,  jury  to  determine  in  libel,  §§  251,  1125,  1126. 

Law,  court  to  decide  questions  of,  §§  1124,  1126. 

Law,  jury  to  take  from  the  court,  §  1126. 

Lesser  offense  or  attempt,  conviction  of,  §  1159. 

New  trial,  effect  of  and  proceedings  on,  §  1180. 

New  trial.     See  New  Trial.  • 

Order  of,  §  1093. 

Order  of  disposing  of  cases  on  calendar,  §  1048. 

Order  of,  may  be  departed  from  when,  §  1094. 

Place  of,  changing.     See  Venue. 

Police  court,  in.     See  Justice's  and  Police  Court;  Police  Court. 

Postponement  ordered,  when  and  how,  §  1052. 

Preference  of  cases  on  calendar,  §  1048. 

Presence  of  defendant  at,  necessity  for,  §  1043. 

Presence  of  defendant,  new  trial  because  defendant  absent, 
§1181. 

Prior  conviction  not  to  be  read  to  jury  or  alluded  to,  §§  1025,  1093. 

Proceedings  where  jury  discharged  because  no  offense,  §  1117. 

Public,  right  to,  §  686. 

Reasonable  doubt,  acquittal  in  case  of,  §  1096. 

Reasonable  doubt  as  to  degree  convicts  only  of  the  lowest,  §  1097. 

Security  to  keep  peace  where  assault,  threats  or  disorderly  con- 
duct in  presence  of  court,  §  710. 

Separate,  of  joint  defendants,  right  to,  §  1098. 

Speedy,  dismissal  where  defendant  not  brought  to  trial  within 
sixty  days,  §  1382. 

Speedy,  right  to,  §  686. 

State's  evidence,  discharge  of  defendant  that  he  may  be  witness, 
§§  1099-1101. 

Verdict.     See  Verdict. 

View  of  premises,  when  ordered,  §  1119. 

View  of  premises,  how  conducted,  §  1119. 

TROOPS.     See  Militia. 
TROUT.     See  Game  Laws. 

TRUST. 

Forfeiture  of  on  conviction  of  crime,  §  673. 

TRUSTEES. 

Bribery  of  board  of,  punishment  of,  §  165. 
Embezzlement,  when  guilty  of,  §  506. 

TULARE  COUNTY. 

Act  to  protect  stock-raisers  in,  continued  in   force,  §  23. 

TURKEY,     See  Game  Laws. 

TYPEWRITING. 

Writing  includes,  §  7 


112G  INDEX. 

U 

UMPIKE. 

Bribe,   asking,   receiving   or   agreeing   to    receive,   ininishnient    of, 

§93. 
Bribery  of,  punishment  of,  §  92. 
Iiitiniiduting  or  inllueneing,   punishment  of,  §  95. 
Intimidation  or  attempt  to  infiuenee,  punishment  of,  §  95. 
Misconduct  of,  punishment  of,  !;  9(j. 

UNDERTAKING.     Seo   Bail. 

l''or  support  of  wife  or  child,  §  270b. 

i'eace,  to  keep,  §§  701-714. 

Peace,  to  keep,  tiling,  §  709. 

Peace,  to  keep,  when  and  how  prosecuted,  §§712,  713. 

Peace,  to  keep,  when  broken,  §  711. 

Peace  to  keep.     See  Peace. 

Return  of  to  clerk,  after  preliminary  examination,  §  883. 

Witness,  of,  to  appear,  §§  878-882. 

Witness,  of,  to  appear,  commitment   on   refusal   to   give,  §  881. 

Witness,  of,  to  appear,  conditional   examination   of   witness   unable 

to  give,  §  882. 
Witness,  of,  to  appear,  forfeited  by   non-appearance,  §  1332. 

UNIFORMS. 

Selling.  })awning  or  retaining  a  misdemeanor,  §  442. 
Wearing  of  certain,  w^hen  a  misdemeanor,  §  442^/^. 

UNINCORPORATED  ASSOCIATIONS. 

Wearing  of  badge  of  without  right,  a  misdemeanor,  §  538b. 

UNIONS. 

See  Labor  Organizations. 

Union  labor.     See  Master  and  Servant. 

UNITED  STATES. 

Defacing  notice  of,  punishment  of,  §  616. 
Includes  what,  §  7. 

Prisoners,  committing  to  county  jail,  §§  1601,  1602.  See  Federal 
Prisoner;  Prisoner. 

UNITED  STATES  ARMY.     See   Army. 

UNITED  STATES  COAST  SURVEY, 

Removing  or  injuring  posts,  signals,  etc.,  a  misdemeanor,  §  61o. 

UNITED  STATES  FLAG. 

Desecration  of  prohibited.     Appendix,  tit.  "Flag." 

UNITED  STATES  JUDGES. 

Offenses  against.     Appendix,  tit.  "Conspiracy." 

UNITED  STATES  NAVY.     See  Navy. 

UNITED  STATES  PRISONERS.     See  Federal  Prisoners;  Prisoners. 

UNITED  STATES  PRISONS.     See  Prison. 

UNITED  STATES  SENATOR. 

Candidate  for,  advancing  money  for  election  purposes  punish- 
ment, §  63. 

Candidate  for  or  member  of  legislature  receiving  money  from  can- 
didate for,  punishment,  §  63V_>. 


INDEX.  1127 

UNIVERSITY  OF  CALIFORNIA 

Davis,  University  farm  at,  license  for  sale  of  liquor  vvitliin  certain 

distance  of  guilt,  §  172. 
Intoxicating   liquors,    selling   or    giving    away    of    within    certain 

distance  of,  punishment  of,  §  172. 
Intoxicating  liquors,   license   for  sale   of   within   certain   distance 

of    evidence    of    guilt,  §  172. 

UNLAWFUL  ASSEMBLY.     See  Eout. 

USURPATION. 

Of  public   office,  a  misdemeanor,  §  75. 

USURY. 

By  paM-nbrokers,  a  misdemeanor,  §  340. 


VAGRANT. 

Coming  into  reformatory  or  upon  adjacent  grounds,  a  misde- 
meanor, when,  §  171c. 

Communicating  with  paroled  pupil  or  inmate  of  reforznatorj",  a 
misdemeanor,  when,  §  171c. 

Punishment  of  vagrancy,  §  647. 

Who  is  a,  §  647. 

VALUE. 

Estimated  in  gold  coin  in  determining  oflfense,  §  678. 
Passage  tickets  of,  on  charge  of  larceny,  §  493. 
Practicing  fraud  to  affect  market  value,  a  misdemeanor,  §  395. 
Written  instruments,  of,  in  larceny,  §§  492,  494. 

VARIANCE. 

Acquittal  on  ground  of,  effect  of,  §  1021. 

Detaining  defendant  after  acquittal  on  ground  of,  §  1165. 

Verdict,  form  of  when  defendant  acquitted  on  ground  of,  §1151. 

VARNISHES. 

Act  to  prevent  adulteration  of.     Appendix,  tit.  "Adulteration," 

VEHICLE. 

Temporarily  taking  without  consent,  punishment  of,  §  499b. 

VENDOR  AND  VENDEE. 

False  statements  in  advertisements  of  real  estate  a  misdemeanor, 

§  654b. 
Married  persons  selling  lands  under  false  representations,  a  felony, 

§534. 
Sale  of  land  twice,  a  felony,  §  533. 

VENUE. 

Authority  of  court  to  which  action  removed,  §  1038. 

Change  of,  application  for,  how  made,  §  1034. 

Change  of,  application  for,  proceedings  on,  §  1034. 

Change  of,  granted  when,  §  1035. 

Change  of,  grounds  for,  §  1033. 

Change  of,    application,    hearing    had    in    absence    of    defendant 

when,  §  1034. 
Change  of,  application,  hearing  of  and  affidavits,  §  1034. 
Change  of,  in  justice's  court.     See  Justice's  and  Police  Court. 


1128  INDEX. 

VENUE.     (Continued.) 

Cliaiigc  of  in  police  court.     See  Police  Court. 

Chanjre  of,  order  for,  to  he  entered  ujjon  minutes,  §  103G. 

Change  of,  order  to  direct  removal  of  defendant  if  he  is  in  cus- 
tody, §  1037. 

Change  of,  proceedings  to  obtain,  §  1034. 

Change  of,  transmitting  certified  copies  of  proceedings  and  papers 
to  new  court,.§  1030. 

Change  of,  transmitting  original  papers  on  application,  §  1038. 

Impartial  trial,  change  for,  §  1033. 

Information  for  offense  triable  in  another  county,  proceedings, 
§827. 

Justice  or  jjolice  court,  change  of  venue  in,  §§  1431,  1432. 

Popular  prejudice,  hearing,  when  to  be  in  absence  of  defendant, 
§  1034. 

Proceedings  on  change  of,  §§  1036,  1037,  1038,  1432. 

Eemoval  of  action,  order  for,  entry  of,  §  1036. 

Kemoval  of  action,  proceedings  on,  if  defendant  in  custody,  §  1037. 

Kemoval  of  action,  transmitting  original  papers  on  application, 
§  1038. 

Eemoval  of,  proceedings  in  court  to  which  ease  removed,  §  1038. 

Removal,  transmission  of  certified  copy  of  proceedings  and  papers, 
§  1036. 

When  granted  in  justice's  or  police  courts,  §  1431. 

When  granted,  papers  to  be  transmitted,  §  1432. 

When  offense  is  commenced  out  of  state,  §  778. 

VERDICT. 

Acquittal,    defendant    discharged,    when    and    when    not,  §§  1165, 

1447. 
Agreement  of  jury,  proceedings  on  return,  §  1147. 
Appearance  of  defendant  on  rendition  of,  necessity  of,  §  1148. 
As  to  some  defendants,  and  retrial  as  to  others,  §  1160. 
Attempt,  jury  may  find  one  guilty  of  on  prosecution   for  crime, 

§  1159. 
Chance,  new  trial  for,  §  1181. 
Complete,  when,  §  1164. 
Conviction  may  be  had  on  any  offense  charged  in  indictment  or 

information,  §  954. 
Conviction,  necessary  to,  §  689. 
Conviction,  proceedings  on,  §§  1166,  1445. 
Coroner's,  §  1514. 

Court,  jury  may  decide  in  or  retire,  §  1128. 
Declaring,  §  1149. 

Degree  of  crime,  jury  to  find,  §  1157. 
Detaining  defendant  after  acquittal,  §  1165. 
Discharge  of  defendant  after  acquittal,  §  1165. 
Former  conviction  or  acquittal,  verdict  on,  §  1151. 
Forms  of  verdicts  on  various  pleas  or  issues,  §§  1151,  1158. 
General,  form  of  on  various  pleas  or  issues,  §§  1151,  1158. 
General  or  special,  may  be  except  in  libel,  §  1150. 
General  or  special,  reconsideration  where  verdict  is  neither,  §  1161. 
Informal,  judgment  of  acquittal  may  be  given  on,  §  1162. 
Informal,  judgment  of  guilty  cannot  be  given  on,  §  1162. 
Insane,  proceedings  where  defendant  found,  §  1370. 
Insanity,  acquittal  on  grounds  of,  proceedings  after,  §  1167. 
Insanity,  form  of  verdict  of  acquittal  on  ground  of,  §  1151. 
Joint    defendants,    verdict    as    to    some,    new   trial    as    to    others, 

§§  1160,  1442. 


INDEX.  1129 

VERDICT.      (Contiiinecl.) 

Joiut  trial,  verdict  as  to  some  defendants  and  retrial  as  to  others, 

§  1160. 
Judgment  of  conviction,  when  only  can  be  given  on  verdict,  §  1162. 
Justice's  court,  in,  §§  1441-1443. 
Justice's  court,  in.     See  Justice's  and  Police  Court. 
Liaw  or  evidence,  contrary  to,  new  trial  for,  §  llSl. 
Lesser  offense,  may  convict  of,  or  of  attempt,  §  1159. 
Libel,  special  verdict  cannot  be  found  in,  §  1150. 
Manner  of  taking  verdict,  §  1149. 
Police  court,  in.     See  Police  Court. 
Polling  jury,  and  proceedings  on,  §  1163. 
Prevented,  trial  of  cause  again,  §  1141. 
Previous  conviction,  form  of  verdict  on,  §  1158. 
Previous  conviction,  jury  to  find  on,  §  1158. 
Proceedings,  if  any  juror  disag;-ees,  §§  1163,  1164. 
Proceedings  on  taking  verdict,  §  1149. 
Proceedings  where  all  jurors  do  not  appear,  §  1147. 
Proceedings  where  defendant  convicted,  §§  1166,  1445. 
Proceedings  where  jury  have  agreed,  §§  1147,  1164. 
Promise  to  give  a,  punishment  in  case  of,  §  96. 
Eeadiug  to  jurj-  and  asking  if  it  is  their  verdict,  §  1164. 
Reconsideration  cannot  be  ordered  in  case  of  acquittal,  §  1161. 
Reconsideration  of,  may  be  ordered,  in  case  of  conviction,  §  1161. 
Reconsideration    where    verdict    is    neither    general    nor    special, 

§1161. 
Recording,  §  1164. 

Retirement,  for  deliberation,  §  1128. 
Return  of  jury,  proceedings  on,  §  1147. 
Special,  defective,  etc.,  new  trial  ordered,  §  1156. 
Special,  defined,  §  1152. 
Special,  essentials  of,  §  1152. 
Special,  form  of,  §  1154. 
Special,  judgment  on,  how  given,  §  1155. 
Special,  of  guiltj^,  proceedings  on,  §  1166. 
Special  or  general,  may  be  except  in  libel,  §  1150. 
Special,  reduction    to    writing,    entry,    reading   of    and   agreement 

upon  necessary,  §  1153. 
Special,  rendered,  how,  §  1153. 
Taken  how,  §  1149. 

To  state  offense  where  several  offenses  charged,  §  954. 
Variance,  form  of  verdict  of  acquittal  on  ground  of,  §  1151. 

VERIFICATION. 

False  personation  in  making,  punishment  of,  §  529. 
Inventory  of  property  taken  under  search-warrant,  of,  §  1537. 
Return  on  habeas  corpus,  of,  §§  1480,  1482. 

VESSEL.     See  Shipping. 
Includes  what,  §  7. 

Jurisdiction  of  offense  committed  on,  §  783. 
Maliciously    injuring    or    setting    adrift,    punishment    of,  §§  608a, 

608b,  "608c! 
Mismanagement  of,  punishment  of,  §§  348,  368. 
Signal  lights,  altering  or  exhibiting  false,  punishment  of,  §  610. 
Signal  lights,  masking  or  removing,  punishment  of,  §  610. 
Sinking  of  maliciously,  a  felony,  §  608c. 
Throwing  ballast  overboard    from,  a  misdemeanor,  §  613. 
Using  for  lottery  purposes,  a  misdemeanor,  §  326. 


1 130  INDEX. 

VETERANS.     See  Soldiers'  llonif;  Youiitville. 

Intoxicating  liquor,  selling  or  giving  away  of  near,  punishnieut 
of,§  172. 

l^ulawfully  wearing  badge  of  Grand  Army,  punishment  of.  Ap- 
pendix, tit.  "Grand  Army." 

VETERANS'  HOME.     8oe  Soldiers'  Home. 

VETERINARIAN. 

State,  act  creating.     Appendix,  tit.  "Animals. 

VICE-PRESIDENT. 

Offenses  against.     Appendix,  tit.  "Conspiracy." 

VIEW  OF  PREMISES. 

How  conducted,  §  1119. 
Proceedings,  when   ordered,  §  1119. 
When  ordered,  §  1119. 

VITRIOL. 

Throwing  on  person,  punishment  of,  §  244. 

VOTERS  AND   VOTING.     See   Elections. 

VOUCHER. 

Duplicate  to  be  marked,  §  580. 

Fraudulent  issue,  §§  577-580. 

Presenting  fraudulent  to  public  officer,  a  felony,  §  72. 

VULGAR  LANGUAGE, 

Use  of,  punishment  of,  §  415. 


w 

WAGER.     See  Gambling. 
Elections,  on,  §  60. 

WAGES.     See  Salary. 

Saloon,  payment  in,  a  misdemeanor,  §  680. 

WAIVER. 

Defects  in  indictment  or  information,  what  waived  by  failure  to 

demur,  §  1185. 
Jurisdiction,  objection  of  want  of  not  waived,  §  1012. 
Jury,  manner  of,  §  1042. 
Jury,  right  to  waive,  §  1042. 

Jury,  waived,  how^,  in  justice's  or  police  court,  §  1435. 
Objection  that  facts  stated  in  indictment  or  information  are  not 

an  offense,  not  waived,  §  1012. 
Objections   to   indictment    or   information,   waiver   by    failure    to 

move  to  set  aside,  §  996. 

WAR.     See   Insurrection. 

Courts-martial,   authority   of,   code   preserves,  §  11. 

WARD.     See  Guardian  and  Ward. 

WARDENS.     See  Prisons;  Keformatories;  State  Prisons. 

WAREHOUSEMAN. 

Pledge  by,  punishment  for,  §§  581,  583. 

Sale  or  hypothecation  by,  punishment  for,  §§  581,  583. 


INDEX,  1131 

WAREHOUSE  RECEIPT. 

Dujilicate,  failure  to  stamp,  punisbment  of,  §  580. 
Erroneous,  issued  in  good  faith,  §  579. 
Fictitious,  punishment  for  issuing,  §  578. 

WARRANT  OF  ARREST.     See  Arrest. 

Arrest  in  another  county,  taking  before  magistrate  of  county  for 
bail,  §  823. 

Arrest  made  with,  force,  right  to  use,  §  843. 

Arrest  made  with,  warrant  to  be  shown,  §  842. 

Arrest  may  be  made  without,  where  persons  fighting  animals, 
§  597d. 

Arrest,  when  must  issue,  §  813. 

Arrest  with,  duty  of  officer.  §§  829,  848. 

Arrest  without,   duty   of  person   making,  §§  847,  849. 

Arrest  without,  officer,  when  may  make,  §  836. 

Bail,  taking  of,  certifying  on  warrant,  §  823. 

Bail.     See  Bail. 

Bench,  clerk  when  and  how  may  issue,  §  934. 

Bench,  form  of,  §  935. 

Bench,  how  served,  §  936. 

Bench,  issuance  of  where  defendant  on  arraignment  ordered  into 
custody,  §  986. 

Bench,  may  be  served  in  any  county,  §  936. 

Bench-warrant.     See  Bench-warrant. 

Commitment  for  examination  made  by  indorsement  on,  §  863. 

Contents  of,  §  815. 

Coroner,  issuance  of  by.     See  Coroner. 

Coroner's,  form  oi,  §  1518. 

Coroner's,  service  of,  §  1519. 

Coroner's,  when  to  issue,  §  1517. 

Corporation,  need  not  issue  for  offense  by,  §  1427. 

County,  city  or  town  where  issued  to  be  stated  in,  §  815. 

Cruelty  to  animals  or  birds,  issuance  on  complaint  of,  §  599a. 

Defective  warrant,  habeas  corpus  proceedings  on.  See  Habeas 
Corpus. 

Defendant  to  be  taken  before  magistrate  without  delay,  §  825. 

Defendant  to  be  taken  before  nearest  magistrate,  §  828. 

Defendant  to  be  taken  before  what  magistrate,  §§  821,  822,  827. 
828. 

Defined,  §  814. 

Deposition  of  prosecutor  and  witnesses  on  information  of  offense, 
§809. 

Depositions  of  prosecutor  and  witnesses  to  be  taken  and  sub- 
scribed, §  811. 

Depositions,  what  to  contain,  §  812. 

Directed  to     and' executed  by  peace-officer,  §  816. 

Directed  to  whom  on  issuance  by  other  than  supreme  or  superior 
judge,  §  819. 

Directed  to  whom  on  issuance  by  supreme  or  superior  judge,  §  818. 

Discharge  of  defendant  not  arrested  on  warrant  from  proper 
county,  §  1116. 

Duty  of  officer  executing,  §  828. 

Examination  of  complainant  and  witnesses  on  information  of  of- 
fense, §  811. 

Executed,  how,  in  another  county,  §  819. 

Forgerv  of  state  or  county,  §  470. 

Form  o"f,  §§  814,  1427. 


1132  INDEX. 

WARRANT  OF  ARREST.      (Coutinuod.) 
I'ligitive  Iroiii  justico,  for,  §  I5i[). 
Habeas   corpw.s,    warrant,    issuanco    instead    of  ^  writ.     See    Habeas 

Corpus. 
Indorsement  on  for  service  in  anotiier  county,  §§  819,  S2U. 
Indorsement  on,  for  service  in  another  county,  certificate  to,  §  820. 
Indorsement  on  for  service  in  another  county,  liability  of  magis- 
trate, §  82U. 
Issued  ou  ap2>licatiou  for  writ  of  habeas  corpus,  §  1497. 
Issued,  when,  §§  813,  1427. 
Justice  of  the  peace  may  issue,  §  1427. 
Magistrate  indorsing  for  service  in   another   county,  liability   of, 

§820. 
Magistrate,  taking  defendant  before.     See  Arrest;  Magistrate. 
Must  be  shown,  when,  §  842. 

Must  issue,  when  commission  of  offense  feared,  §  703. 
Must     issue,  when  offense  has  been  committed,  §  813. 
Must  require  taking  before  nearest  magistrate  when  offense  triable 

elsewhere,  §  827. 
Must  specify  what,  §  815. 

Name,  designation  of  defendant  where  name  unknown,  §  815. 
Name  or  description  of  defendant,  §  815. 
Offense  triable  in  another  county,  proceedings,  §  827. 
Peace-officers,  who  are,  §  817. 
Police  judge  may  issue,  §  1427. 
Proceedings  where  defendant  arrested  out  of  county  admitted  to 

bail,  §  823. 
Proceedings,  when  defendant  taken  before  magistrate  other  than 

the  one  issuing,  §  826. 
Proceedings,  when  magistrate  issuing  cannot  act,  §  824. 
Procuring  maliciously,  a  misdemeanor,  §  170. 
Eeturn  of  to  clerk,  after  preliminary  examination,  §  883. 
Search-warrant.     See  Search-warrant. 
Service  by  telegraph,  §§  850,  851. 
Showing  on  making  arrest,  §  842. 
Signature  to,  §  815. 
Statement  of  offense,  §  815. 
Time  of  issuance  to  be  stated  in,  §  815. 

To  be  delivered  to  magistrate  with  return,  §§  824,  827,  828. 
To  be  directed  to  and  executed  by  peace-officer,  §  816. 
To  whom  directed,  §§  816,  818,  819. 
Unnecessary  to  arrest  of  persons  present  where  animals  or  birds 

fighting,  §  597d. 
Violation  of  law  as  to  animals  or  birds,  issuance  on  complaint  of, 

§  599a. 
When  and  how  executed  in  another  county,  §  819. 
When  to  issue,  §  1427. 
Who  may  issue,  §  1427. 

WARRANT,  SEARCH.     See  Search-warrant. 

WATER. 

Animals,  corralling  over  or  near,  a  misdemeanor,  when,  §  374. 
Artesian  wells,  act  preventing  waste,  and  flow  of  water  from.    Ap- 
pendix, tit.  "Artesian  Wells." 
Artesian  wells.     See  Artesian  Wells. 
Bathing  in,  a  misdemeanor,  when,  §  374. 
Befouling,  a  misdemeanor,  §  3741A. 
Canals.     See  Canal. 


INDEX.  1133 

WATER.     (Coutiuued.) 

Coal-tar,  depositing  in,  a  misdemeanor,  §  374i/^. 
.    Commissioners,  acts  creating  or  regulating  boards  of,  continued  in 
force, §  23. 

Dead  animal,  putting  in,  a  misdemeanor,  §  374. 

Drawing  after  works  closed,  a  misdemeanor,  §  G25. 

Drawing  off  from  a  canal,  ditch,  etc.,  a  misdemeanor,  when,  §  592. 

Flume.     See  Flume. 

Fishways  over  dams  or  artificial  obstructions  of,  §  G37. 

Garbage,  rubbish,  etc.,  depositing  in  navigable  streams,  §  374a. 

Humboldt  Bay,  depositing  sawdust,  slabs,  refuse,  etc.,  in,  a  mis- 
demeanor, §  612. 

Ice,  disobedience  of  rules  of  board  of  health  to  prevent  pollution 
of,  a  misdemeanor,  §  377c. 

Injuries  to  waterworks,  a  misdemeanor,  §  607. 

Malicious  injury  to  works,  a  misdemeanor,  §§  592,  607,  624. 

Obstructing,  by  throwing  overboard  ballast,  etc.,  a  misdemeanor, 
§613. 

Obstructing  navigable  stream,  a  misdemeanor,  §  611. 

Obstructions  to  navigation,  placing  in  any  port,  harbor  or  cove,  a 
misdemeanor,  §  613. 

Offal,  putting  in,  a  misdemeanor,  §  374. 

Pipes,  injuring,  or  obstructing,  a  misdemeanor,  §  624. 

Plowing  or  loosening  soil  of  watercourse  between  certain  seasons, 
a  misdemeanor,  §  607. 

Poisoning,  punishment  of,  §  347. 

Pollution  of,  a  misdemeanor,  §  374. 

Pollution  of  by  carcasses  or  offal,  a  misdemeanor,  §  374. 

Pollution  of  by  coal  tar,  petroleum  and  similar  substances,  §  3741/^. 

Pollution  of  by  drainage,  a  misdemeanor,  §  374. 

Pollution  of  by  live-stock,  a  misdemeanor,  §  374. 

Pollution  of,  failure  to  obey  rules  of  board  of  health  to  prevent, 
a  misdemeanor,  §  377b. 

Pollution  of,  punishment  of,  §  635. 

Reservoir.     See  Reservoir. 

Screens   over  inlets  of  canals,  ditches,   flumes,   etc.,   provision   re- 
lating to,  §  629. 

Stealing,  a   misdemeanor,  §§  499,   592. 

Subterranean,  regulating  use  of  and  preventing  waste  of.     Appen- 
dix, tit.  "Artesian  Wells." 

Taking  water  from  canal,  flume,  etc.,  punishment  of,  §  592. 

Throwing   overboard  ballast   or   obstructing  navigation,  a  misde- 
meanor, §  613. 

Toilet,  maintaining  on  or  draining  into,  a  misdemeanor,  §  374. 

Works,  injury  to,  a  misdemeanor,  §§  592,  607,  624. 

WATEE  COMMISSIONERS. 

Effect  of  code  on  statute  creating,  §  23. 

WATER  COMPANY. 

Drawing  water  after  works  closed,  a  misdemeanor,  §  625. 
Injuring  works,  a  misdemeanor,  §§  592,  607,  624. 

WATER  FOUL.     See  Game  Laws. 

WATER-PIPES. 

Injuring  or  obstructing,  a  misdemeanor,  §  624. 

WAYS.     See  Highways. 

Private,  injury  to  or  to  bridges  on,  punishment  of,  §  588. 


1134  INDEX. 

WEAPON. 

Ancsti'il    |j('isoii,  iiiiiy  be  t;il<(Mi  I'loni,  §  84(). 

Arresteil   porsoii,  takon  i'roiii,  to  l)o  delivered  to  magistrate,  §  846. 

Assault  with  deadly,  puiiisliiiient  of,  S  245. 

Assault  with  deadly  weapon  by  prisoner,  punishment  of,  §  24(5. 

Bringing  into  jail,  prison  or  reformatory,  a  felony,  §  171a. 

Deadly,  exhibiting  in  rude,  etc.,  manner,  a  misdemeanor,  §  417. 

Deadly,  pos-session  of,  with  intent  to  assault,  a  misdemeanor,  §  467. 

Deadly,  using  unlawfully,  a  misdemeanor,  §  417. 

Indian,  sale  to,  a  misdemeanor,  §  398. 

State  arms,  having  or  selling,  a  misdemeanor,  §  442. 

WEASELS. 

Are  predatory  animals,  §  637^;. 

WEIGHTS  AND  MEASURES. 

Coal,  false  weights   in  sale  or  exchange  of.     Sec  Coal. 

False,  defined,  §  552. 

False,  using  a  misdemeanor,  §§  553,  555. 

Putting  extraneous  substances  in  goods  sold   to   increase  weight, 

jiunishment  of,  §  381. 
Sales  by  avoirdupois  weight,  full  weight  to  be  given,  §  555. 
Sales  by  ton,   full  weight   of  two   thousand  pounds   to   be   given, 

§  555. 
Sales,  failure  to  give  full  weight,  a  misdemeanor,  §  555. 
Stamping  false  weights  or  measure  or  tare,  a  misdemeanor,  §  554. 

WELLS. 

Eegulating  use  and  preventing  waste  of  subterranean  water.     Ap- 
pendix, tit.  "Artesian  Wells." 

WHARFAGE. 

Collecting  unlawfully  in  San  Francisco,  a  misdemeanor,  §  642. 

WHARVES.     See  San  Francisco. 

WHISKERS. 

Wearing  false,  a  misdemeanor,  §  185. 

WHISTLE. 

Engineer  crossing  highway  without  sounding,  a  misdemeanor,  §  390. 

WHITE-FISH.     Seo  Game  Laws. 
WHITING,  CALIFORNIA.     See  Game  Laws. 

WHITTIER  STATE  SCHOOL. 

Commitments  to.     Appendix,  tit.  "School  of  Reform." 
Commitments    to    by    juvenile    court.     Appendix,    tit.    "Juvenile 

Court." 
Establishment^   maintenance   and   government   of.     Appendix,   tit. 

"School  of  Eeform." 
Evil-minded  persons  prevented  from  coming  on  grounds  of ,  §  171c. 
Judge,  powers  of.     Appendix,  tit.  "School  of  Eeform." 
Maintenance  of  inmates  and  liability  for.     Appendix,  tit.  "School 

of  Reform." 
Procedure  on  commitments  to.     Appendix,  tit.  "School  of-  Eeform." 

WHOOPING  CRANE.     See  Game  Laws. 

WIFE.     See  Husband  and  Wife. 


INDEX.  1135 

WILDCATS. 

Aro  predator}'  uninials,  §  ();>7'/:;. 

WILL. 

Forgery  of,  §  470. 
Includes  codicil,  §  7. 

WILLFXJL. 

Willful  injuries.     See  Malicious  Mischief. 

WILLFULLY. 

Meaning  of,  defined,  §  7. 

WILSON  SNIPE.     See  Game  Laws. 

WINE. 

Act  to  establish  uniform  nomenclature  for  pure  wines.     Appendix, 

tit.  "Adulteration." 
Acts  to  prevent  deception  in  manufacture  and  sale  of.     Appendix, 

tit.  "Adulteration." 
Fraud    in    manufacture    and    sale    of    prohibited.     Appendix,    tit. 

"Adulteration." 
Sophistication    and    adulteration     of    prohibited.     Appendix,    tit. 

"Adulteration." 

WITNESS.     See  Deposition;  Evidence. 

Absenting  himself,  receiving  bribe  for,  guilty  of  felony,  §  138. 
Appear,  undertaking  to,  forfeiture  of  for  failure  to  appear,  §  1332. 
Attendance  of  witness  residing  or  served  out  of  county,  §  1330. 
Bribery  of,  a  felony,  §  137. 
Bribe,   witness   receiving,    for   testimony   to    be   given,    guilty    of 

felony,  §  138. 
Bribe,  witness  receiving  to  absent  himself,  guilty  of  felony,  §  138. 
Codefendant  discharged  that  he  may  be,  §§  1099-1101. 
Commitment  on  refusal  to  give  security  for  appearance,  §  881. 
Compelling  attendance  from  out  of  county,  §  1330. 
Competency  of,  rules  for  determining,  §  1321. 
Concealing  evidence,  a  misdemeanor,  §  135. 

Conditional  examination,  affidavit,   application   is   made   on,  §  1337. 
Conditional  examination,  affidavit  for,  what  to  state,  §  1337. 
Conditional  examination,  allowed,  §  133.5. 

Conditional  examination,  application   for,  how  made,  §  1337. 
Conditional  examination,  application,  notice  of,  §  133S. 
Conditional  examination,  application,  to  whom  made,  §  1338. 
Conditional  examination,  attendance   of   witnesses   enforceable   by 

subpoena,  §  1342. 
Conditional  examination,  defendant   has  right  to  be   present   with 

counsel,  §  1340. 
Conditional  examination,  defendant   if   in   custody   to  be   taken  to 

place  of  hearing,  §  l340. 
Conditional  examination,  deposition,  objections  to,  §  1345. 
Conditional  examination,  deposition    of   prisoner,    where    and    how 

taken,  §  1346. 
Conditional  examination,  deposition,  reading  of,  what  objections 

may  be  taken,  §  1345. 
Conditional  examination,  deposition  to  be  sealed  and  transmitted 

to  clerk, §  1344. 
Conditional   examination,   deposition,   when   maj'   be   read   in   evi- 
dence, §  1345. 


1136  INDEX. 

WITNESS.      (CoiitiiiiK'd.) 

('(Jiiditioiial  oxiimiiiatiun,  if  I'iiets  diwinoved  cxaiiiiiiaf ion  not  to 
i-ontiuiie,  §  i;541. 

Coiulitional  oxaiiiinatioii,  in  absence  ui'  district  attorney,  §  i;il(). 

Couditional  examination  may  be  liad,  in  what  cases,  §  ]'.i'.U). 

Conditional  examination  not  to  proceed  if  application  made  to 
avoid  examination  at  trial,  §  1341. 

Conditional  examination,  not  to  proceed  if  witness  not  sick  or  in- 
firm or  not  about  to  leave  state,  §  l.'{41. 

Conditional  examination,  order,  when  granted,  §  1339. 

Conditional   examination,  order,  what  to  direct,  §  1339. 

Conditional  examination,  read  in  evidence,  deposition  may  be, 
when,  §  1345. 

Conditional  examination,  reading  deposition  in  evidence,  what 
objections  may  be  urged,  §  1345. 

Conditional  examination,  testimony,  how  taken,  and  authenticated, 
§  1343. 

Confronted  with,  defendant  to  be,  §  GSG. 

Confronting  with  not  necessary,  when,  §  GSG. 

Contempt  by  disobeying  subpoena,  §  1331. 

Contempt  by,  refusal  to  answer  or  be  sworn,  §  166. 

Convict  as,  §  G75. 

Convict  under  life  sentence  competent,  §  675. 

Coroner's  inquest,  at,  §§  1512-1515. 

Coroner's  inquest,  at.     See  Coroner. 

County,  attendance  of  witness  residing  or  served  out  of  county, 
§  1330. 

County  expenses  of  witness  from  out  of  county,  §  1329. 

Deceiving,  a  misdemeanor,  §  133. 

Defendant  as,  §  G88. 

Defendant  as,  cross-examination,  what  proper,  §  1323. 

Defendant  as,  neglect  or  refusal  to  testify  not  to  prejudice,  §  1323. 

Defendant  cannot  be  compelled  to  testify  against  himself,  §§  G88, 
1323. 

Defendant  discharged  that  he  may  be,  §§  1099-1101. 

Defendant  entitled  to  produce,  §  G86. 

Defendant  need  not  be  confronted  with  when,  §  686. 

Defendant  to  be  confronted  with,  §  686. 

Deposition.     See  Depositions. 

Destroying  evidence,  a  misdemeanor,  §  135. 

Discharge  of  defendant  that  he  may  be  a  witness,  §§  1099-1101. 

Dissuading  to  attend,  a  misdemeanor,  §  136. 

Dueling,  testimony  of  witness  not  to  be  used  against  him,  §  232. 

Dueling,  witness  has  no  privilege  in  prosecution  for,  §  232. 

Election  cases,  no  prosecution  of  witness  because  of  testimony, 
§64. 

Election  cases,  privilege  of  witness  in,  §  64. 

Exclusion  of  on  preliminary  examination,  §  867. 

Expenses  of  poor  or  out  of  county,  payment  of,  §  1329. 

Expert   testimony  on   trial  for   forging,  §  1107. 

False  evidence,  offering,  a  felony,  §  132. 

False  evidence,  preparing,  a  felony,  §  134. 

Forfeiture  of  undertaking  to  appear  for  non-appearance,  §  1332. 

Gambling,  no  privilege  of  witness  at  prosecution  for,  §  334. 

Gambling,  no  prosecution  against  witness  for  testimony,  §  334. 

Gambling,  witness  neglecting  or  refusing  to  attend  trial,  a  misde- 
meanor, §  333. 

Grand  juror,  as,  challenge  to,  §  896. 


INDEX.  1137 

WITNESS.      (Continued.) 

Grand  juror,  impeachment  of  witness  by  testimony  of,  §  926. 

Habeas  corpus,  at  hearing,  §§  14S4,  1489. 

Husband  and  wife,  incompetent,  when,  §  1322. 

Husband  or  wife,  competency  of  as  witnesses  in  criminal  actions, 

§  1322. 
Impeachment  of,  by  testimony  of  grand  juror,  §  926. 
Imprisoned  in  another  county,  deposition  of,  §  1346. 
Imprisoned,   ordering  temporary  removal   of  and  proceedings   on, 

§  1333. 
Indictment,  names  of  witnesses  to  be  inserted  in,  §  943. 
Infant,  security  for  appearance,  §  880. 
Influencing,  unlawfully,  a  felony,  §§  137,  138. 
Juror  as,  §  1120. 

Juror  challenged,  may  be  examined  as,  §  1081. 

Legislature,  before,  refusal  to  be  sworn  or  to  give  evidence,  §  87. 
Legislature,  witness,  refusal  of,  to  attend  before,  §  87. 
Married  woman,  security  for  appearance,  §  880. 
No  privilege  of  in  prosecution  for  lobbying,  §  89. 
Oath  of,  before  grand  jury,  foreman  may  administer,  §  918. 
Officer,  in  proceedings  to  remove,  §  768. 
Out  of  county,  compelling  attendance,  §  1330. 
Perjury.     See  Perjury. 
Preliminary   examination,   at,  §§  865-867. 

Preliminary  examination,  undertaking  to  appear  at,  §§  878-882. 
Preventing  attendance  of,  a  misdemeanor,  §  136. 
Prisoner  as,  discretion  of  court  as  to  ordering  attendance,  §  1333. 
Prisoner  as,  proceedings  in  obtaining  attendance,  §  1333. 
Prisoner  as,  how  brought  into  court,  §§  1333,  1567. 
Prisoner   as,   temporary   removal   of   and   proceedings   on,  §§  1333, 

1567. 
Prisoner,  as  witness,  deposition  of  when  and  how  taken,  §  1346. 
Privileged  communications.     See  Privileged  Communications. 
Privilege  of,   objection  to  testifying  by  witness,  what  sufficient, 

§  1324. 
Privilege  of,  testimony  given  by  witness  may  be  used  against  him 

if  privilege  not  claimed,  §  1324. 
Privilege  of,  testimony  given  by  witness  not  to  be  used  against 

him  except  for  perjury  on  criminal  prosecution,  §  1324. 
Privilege    of,   witness    deemed    to    have    claimed    privilege    unless 

code  section  read  to  him,  §  1324. 
Privilege   of,   witness  not  excused  from  testifying  because  party 

to  crime,  §  1324. 
Privilege  of,  witnesses  at  prize-fight   testifying  not  to  be  prose- 
cuted for  offense,  §  414a. 
Privilege  of,  witnesses  at  prize-fight  not  privileged  from  testify- 
ing, §  414a. 
Privilege,  has  none,  on  charge  of  dueling,  §  232. 
Privilege,  none,  in  election  cases,  §  64. 
Privilege  of  on  charge  of  obtaining  money  to  influence  legislator, 

§89. 
Eefusal  to  answer  or  be  sworn,  a  contempt,  §  166. 
Eefusing  to  attend  at  trial  for  gambling,  a  misdemeanor,  §  333. 
Separation  of  witnesses  on  preliminary  examination,  §  867. 
Special  proceedings,  at,  §  1564. 
Subpoena,    clerk   to   issue   blank,   on   application,   without   charge, 

§  1326. 

Pen.  Code — 72 


1138  INDEX. 

WITNESS.      (Coiitiiiuod.) 

Subpoena,  ('oroiiL>r  may   issue,  §  1512. 

Sub[)oona,  defined,  §  l.'!26. 

Subi)oena,  disobeying,  civil  liability   for,  §1331. 

Subpoena,  disobeying  is  contempt,  §  13.31. 

Subpoena,  district  attorney  may  issue,  §  1326. 

Subpoena,  form  of,  §  1327. 

Subpoena,  justice  or  police  .iudge  may  issue,  §  14.j9. 

Subpoena,  justice  or  police  .iudge  may  punish  disobedience,  §  14oP. 

Subpoena,  magistrate  may  issue,  §  1326. 

Subpoena,  served  how  and  by  whom,  §  1328. 

Subpoena,  service,  return  of,  §  1328. 

Subpoena  to,  out  of  county,  §  1330. 

Subpoena,  who  may  sign  and  issue,  §  1326. 

Subpoenas,  clerk  of  court  may  issue,  §  1326. 

Subpoenas  in  justice's  or  police  court,  §  1459. 

Subpoenas,  in  special  proceedings,  power  to  issue,  §  1564. 

Subpoenas,  in  special  proceedings,  punishment  for  disobedience, 
§  1564. 

Testimony  of  may  be  read  against  him  on  prosecution  for  perjury, 
§14. 

Treason,  to, §  1103. 

Undertaking  for  appearance  of,  requiring,  §§  878,  882. 

Undertaking  to  appear,  examination  conditionally  of  witness  un- 
able to  give,  §  881. 

Undertaking  to  appear,  forfeited  by  non-appearance,  §  1332. 

Undertaing  to  appear,  refusing  to  give,  commitment,  §  881. 

Undertaking,  refusing  to  appear  to  give,  commitment,  §  881. 

Who  may  be,  §  1321. 

Wife  may  testify  where  husband  places  her  in  house  of  prostitu- 
tion or  consents  or  connives,  §  266g. 

WOLVERINES. 

Are  predatory  animals,  §  6371/^. 

WOOD.     See  Fires;  Logs;  Timber. 

Carrying  away,  a  misdemeanor,  §  602. 

Defacing  marks  or  putting  false  marks  on,  a  misdemeanor,  §  356. 

Setting  fire  to,  punishment  of,  §  384. 

WOOD  DUCKS.     See  Game  Laws. 

WORDS  AND  PHRASES.     See  Definitions. 
Affirmation,  oath  includes,  §  7. 
Affirmation,  testify  includes,  §  7. 
Animals,  §  599b. 
Animals,  predatory,  §  GSl'^/y. 
Authority,  joint,  §  7. 
Bribe,  §  7. 
Building,  §  448. 

City  and  county  included  in  county,  §  7. 
Codicil,  will  includes,  §  7.  _ 
Construction,  rules  governing,  §  7. 

Construction  of  words  used  in  indictment  or  information,  §  957. 
Construed  according  to  context  and  approved  usage  of  language. 

Corporation  included  in  word     person,    S  7. 

Corruptly,  §  7. 

Counterfeited  trade-mark.  §  352. 


INDEX.  1139 


WORDS  AND  PHRASES.      (Continued.) 
County  includes  city  and  county,  §  7. 
Credit,  §  476a. 
Cruelty,  §  599b. 
Daytime,  §  7. 
Dealers,  whoesale,  §  630a. 
Declaration,  oath  includes,  §  7. 
Depose  includes  what,  §  7. 
District  of  Columbia  included  in  state,  §  7. 
Drugs,  §  383. 

Feminine  included  in  masculine,  §  7. 
Fish, §  628f. 
Food,  §  383. 

Forged  trade-mark,  §  352. 
Freight-car,  §  392. 

Future,   words  in  present  tense  include,  §  7. 
Inhabited  building,  §  449. 
Joint  authority,  words  giving,  §  7. 
Knowingly,  §  7. 
Magistrate,  §  7. 
Malice,  §  7. 
Maliciously,  §  7. 

Mark  included  in  signature  or  subscription,  §  7. 
Masculine,  words  in  include  feminine  and  neuter,  §  7, 
Month,  §  7. 
Neglect,  §  7. 
Negligence,  §  7. 
Negligent,  §  7. 
Negligently,  §  7. 

Neuter  included  in  masculine,  §  7. 
Night-time,  §§  7,  450,  463. 

Oath  includes  affirmation  of  declaration,  §  7. 
Oath,  testify  includes,  §  7. 
Owner,  §  599b. 
Peace-officer,  §  7. 
Peculiar  meaning,  words  of,  §  7. 
Person, §  599b. 

Person  includes   corporation,  §§  7,   599b. 
Personal  property,  §  7. 

Personal  property  included  in  property,  §  7. 
Plural  included  in  singular,  §  7. 
Plural   includes   singular,  §  7. 
Predatory  animals,  §  6371/4. 
Present  tense,  words  in  include  future,  §  7. 
Printing  included  in  writing,  §  7. 
Process,  §  7. 

Property,  includes  realty  and  personalty,  §  7. 
Public  moneys,  §  426. 
Eeal  property,  §  7. 

Real  property  included  in  property,  §  7. 
Seal,  §  7. 
Section,  §  7. 

Signature,  includes   mark,  §  7. 
Singular  included  in  plural,  §  7. 
Singular  includes  plural,  §  7. 
State,  what  includes,  §  7. 
Subscription,  includes  mark,  §  7. 
Technical  words  and  phrases,  §  7. 


114U  INDEX. 

WORDS  AND  PHRASES.      (('..ntimi.Mi.) 
Tci'ritorios  included  iu  state,  §  7. 
Testify  iiudiulcs  what,  §  7. 
Torment,  §  599b. 
Torture,  §  599Ij. 

Typewriting,  writing  includos,  §  7. 
United  States,  wiiat  includes,  §  7. 
Vessels,  §  7. 

W'holesale  dealers,  §  630a. 
Will,  includes  codicil,  §  7. 
Willfully,  §  7. 
Writ,  §  7. 
Writing  includos  printing  and  typewriting,  §  7. 

WORKS  OF  ART,  ETC. 

Injuring,  a  misdemeanor,  §§  (522,  623. 

WRECK.     See  Shipping. 

Defacing  marks  upon  wrecked  property,  a  misdemeanor,  §  355. 
Detaining  wrecked   property  after   salvage   paid,   punishment   of, 

§  544. 
Possession  of  wrecked  property,  a   misdemeanor,  §  543. 
Taking  wrecked  property,  a  misdemeanor,  §  545. 
Train-wrecking,   a  felony,  §218. 
Vessel,  punishment  for  wrecking,  §§  539,  540. 
Wrecks,  destroying  or  suppressing  document  showing  ownership, 

a  misdemeanor,  §  355. 

WRIT. 

Defined,  §  7. 

Habeas  corpus.     See  Habeas  Corpus. 

WRITING. 

Includes  printing  and  typewriting,  §  7. 
Obscene,  §§  311-314. 

WRIT  OF  ASSISTANCE. 

Returning  after  to  take  possession,  a  misdemeanor,  §  419. 

WRITTEN  INSTRUMENT. 

Destroying,  or  injuring,  punishment  of,  §  617. 

Larceny  of,  §§  492,  494. 

Value  of,  on  charge  of  larceny,  §§  492,  494. 


Y 

YELLOW-FIN.     See  Game  Laws. 
YELLOWI.EGS.     See  Game  Laws. 

YOUNTVILLE. 

Sale  of  intoxicating  liquors  within  certain  distance  of  Soldiers' 
Home  at,  possession  of  license  for  evidence  of  guilt,  §  172. 

Sale  or  giving  away  of  liquor,  within  certain  distance  of  Soldiers' 
Home  at,  a  misdemeanor,  §  172. 

Sale  or  giving  away  of  liquor  within  certain  distance  of  Soldiers' 
Home  at,  punishment  of,  §  172. 


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